R2007-140 AUTHORIZING AGREEMENT TANK INDUSTRY CONSULTANTS, INC.

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, , Standard Form of Agreement between Owner and Engineer for Professional Tank Evaluation Services This Agreement,made this 6 th �y of Augu s t �2007 by and between Tank Industry Consultants,Headquartered at 7740 West New York Street,Indianapolis,Indiana 46214,hereafter referred to as the ENGINEER and the City of Decatur,Illinois,lo- cated at#1 Gary K.Anderson Plaza,Decatur,Illinois 62523-1198,hereafter referred to as the OWNER. WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto,it is hereby agreed: SECTION 1-SERVICES OF ENGINEER 1.1. The ENGINEER agrees to provide professional tank evaluation services in accordance with the ENGINEER's proposal to the OWNER dated July 18,2007. 1.2. The ENGINEER agrees to provide tank washout services in accordance with the ENGINEERS proposal to the OWNER dated July 18,2007. 1.3. If ENGINEER is requested to perform professional services in addition to tank washout,a new agreement will be required. This agreement is only for the scope of services stated above in paragraphs 1.1. SECTION 2-OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so not to delay the services of ENGINEER. 2.1. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agree- ment. Such person shall have complete authority to transmit instructions,receive information,interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 2.2. Provide all criteria and full information as to ENGINEER's services hereunder as to OWNER's requirements for the Project, including design objectives and constraints,space,capacity and performance requirements,flexibility and expandability,and any budgetary limitations;and fiunish copies of all design and construction standards which OWNER currently has,if any. 23. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 2.4. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services,or any defect or nonconformance in the work of any Contractor affecting the Project. 2.5. Perform the duties required under the Terms section(if any)of the Proposal. 2.6. The information and services to be provided by OWNER under this Section will be without cost to ENGINEER. SECTION 3-PAYMENTS TO ENGINEER OWNER shall pay ENGINEER for Services rendered in the amounts oudined in the Proposal to the OWNER dated July 18,2007. OWNER shall issue payment to ENGINEER within 30 calendar days of receipt of properly submitted invoice. SECTION 4-TERMS AND CONDITIONS I 4.1. Professional Responsibility-ENGINEER represents that the services shall be performed,within the limits presented by '� OWNER,in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the services are performed. No other representations to OWNER,expressed or implied and no warranty or guarantee is included in this Agreement,or in any report,opinion,document,or otherwise. 4.2. Termination-The obligation to perform under the terms of this Agreement may be terminated by ENGINEER upon thirty(30) days'written notice to OWNER in the event of substantial failure of OWNER to perform in accordance with the terms hereof. This Agreement may be terminated by OWNER with or without cause upon thirty(30)days'written notice to ENGINEER. OWNER shall compensate ENGINEER for all work performed up to and including the termination date. 43. Re-Use of Documents-All documents furnished by the ENGINEER pursuant to this Agreement are instruments of services in ' respect to the Project and the ENGINEER shall retain Ownership of said documents whether or not the Project is completed.