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Sep 02 05 04: 31p SKS Engineers 217 877 4816 p. 3 <br /> TERMS AND C�NDITIONS <br /> These Terms and Conditions are a part of the Agreement between the Client(Owner)and SKS Engineers,Inc.(Engineer).Any provision <br /> or part thereof of this agreement heid to be void or unenforceable under a�y law shall be deemed stricken,and all remaining provisions <br /> shall continue to be vafid and binding upon the parties.The parties agree that this agreement shall be refonned to replace such stricken <br /> provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken <br /> provision. <br /> AMENDMENTS <br /> This agreement may be amended only in writing by both the Owner and Engineer. <br /> STANDARD OF CARE <br /> The Services will be performed for the exclusive benefit of the Owner.The Services shall be conducted by SKS consistent with that level <br /> of care and skill ordinarily exercised by the engineering and consulting professions in the same locale acting undersimilar circumstances <br /> and conditions. <br /> COMPENSATION FOR PROFESSIONAL SERVICES <br /> The basis for compensation will be 1)a Lump-Sum Amount as noted on the face of this agreement,or 2)payment for all tests perFormed <br /> on the project on a per test basis, and/or 3) payment for all hours worked on the project based on the indicated rate for the class of <br /> personnet shown on the current Fee Schedule in effect plus reimbursable expenses. (See attached Fee Schedule) <br /> "Reimbursable Expenses"means the actual expenses incurred directly or indirectly in connec6on with the work including but not limited <br /> to the following:Transportetion and subsistence, toll telephone calls, reproduction or printing, fees paid on behalf of Client and outside <br /> consu(tants. <br /> Estimates of fees are prepared to the best of our ability, but they should not be considered as fnal cost quotations. Unanticipated <br /> complications sometime materially increase the scope and cost of the work.Should this occur,we will notify you to obtain yourauthorization <br /> for additional fees which may materially exceed the estimate. <br /> METHOD OF PAYMENT <br /> The Engineer may submit monthly statements for services and expenses based upon the proportion of the actua!work completed at the <br /> time of billing. Unless provided for otherwise,payments for professional services will be due and payable within 30 days of date of invoice, <br /> LATE PAYMENT <br /> If the Owner fails to make any payment due the Engineer for services and expenses within the time period specified,a service charge of <br /> 1.5%per month may be added to the Owner's account at the Engineer's discretion.This is an annual rate of 1 S�o. Owner further agrees <br /> to pay all expenses of collection,including court costs and reasonable attomey fees should it become necessary to refer Owner's accouni <br /> for collection. <br /> LIMITATION OF LIABILITY <br /> The Owner agrees to limit the Engirteer's liability to the Owner and to all construction contractors and subcontractors where applicable,on <br /> this work, for damages to them, due to the Engineer's negligent acb, errors or omissions, such that the total aggregate liability of the <br /> Engineer to all those named shall not exceed$50,000 or the Engineer's total fee for services rendered on thls work,whichever is greater. <br /> Any claim of liability shall be deemed waived unless made by Owner in writing and received by Engineer within 1 year after campletion of <br /> services. <br /> AUTHORiTY AND RESP�NSIBILITY <br /> The Engineer shall not guarantee the work of any Coniractor or Subcontractor, shall have no authorlty to stop work, shall have no <br /> supervision or control as to the work or persons doing the work,shall not have charge of the work, shall not be responsible for safety in, <br /> on,or about the job site or have any control of ihe safety or adequacy of any equipment,building component,scaffolding,supports,forms <br /> or other work aids. (n the event we are not providing site observation services,the Client/Owner will indemnify and hold SKS harmless <br /> for claims arising from modifications, clarifications, interpretations,adjustments or changes made to the contract documents to reflect <br /> changed field or other conditions. <br /> TERMI NATION <br /> This Agreement may be terminated by either party upon 30 days written notice to the other party. In the event of any termination, the <br /> Engineer will.be paid for all services and expenses rendered to the date of termination on a basis of the Schedule of Rates plus <br /> reimbursable expenses and reasonable tertnination costs. <br /> DELIVERABLES <br /> Drawings,plans,designs,specifications and electronic files are instruments of service and shall remain the property of the Engineer.SKS <br /> will retain copies of all deliverables. Deliverables may not be used or reused by Owner, its employees, agents or subcontractors on any <br /> extension of the project or on any other project without prior written consent of the Engineer.Any reuse without specific written verification <br /> will be at Owner's sole risk,and without liabiliry of SKS,and Owner agrees to defend,indemnify and hold Engineer harmless from anyclaim <br /> or liability, including attorney's fees, arising out of or resulting therefrom. � <br /> O:\Form s1PSAslcondition.torm-backp rint,wpd <br /> i�a�� l� ��' l� � <br />