R2003-142 AUTHORIZING AN AGREEMENT

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r , a I� ` STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER I FOR ROFESSIO AL TANK EVALUATION SERVICES � �� /�j� This Agreement,made this / day oi�' ` �Z603 2.3.Arrange for access to and make all provisions for by and between Tank Industry Consultants Inc.,Headquartered ENGINEER to enter upon public and private property as re- at 7740 West New York Street, Indianapolis,Indiana 46214, quired for ENGINEER to perforrri services under this Agree- hereafter referred to as the ENGINEER and the City of Deca- ment. tur, located on the lgt Floor of the Civic Center, #1 Gary K. Anderson Plaza,Decatur,Illinois 62523,hereafter refened to 2.4.Give prompt written notice to ENGINEER whenever as the OWNER. OWNER observes or otherwise becomes aware of any devel- opment that affects the scope or timing of ENGINEER's WTI'NESSETH: services, or any defect or nonconformance in the work of any Contractor affecting the Project. That for and in consideration of the mutual covenants and promises between the parties hereto,it is hereby agreed: 2.S.Perform the duties requued under the Terms section (if any)of the Proposal. SECTION 1-SERVICES OF ENGINEER 2.6.The information and services to be provided by OWNER under this Section will be without cost to ENGINEER. 1.1.The ENGINEER agrees to provide professional tank evaluation services in accordance with the ENGINEER'S pro- SECTION 3-PAYMENTS TO ENGINEER posal to OWNER dated August 22,2003. OWNER shall pay ENGINEER for Services rendered in the ' 1.2.The ENGINEER agrees to provide tank washout services amounts outlined in the Proposal to the OWNER dated Au- in accordance with the ENGINEERS proposal to the OWNER gust 22,2003. OWNER shall issue payment to ENGINEER dated August 22,2003. within 30 calendar days of receipt of properly submitted m- voice. 1.3.The CONSULTANT agrees to provide tank disinfection services in accordance with the CONSULTANI"s proposal to SEGTION 4-TERMS AND CONDTTIONS ' the ENGINEER dated August 22,2003. 4.1.Professional Responsibility-ENGINEER tepresents that ' 1.4.If ENGIlVEER is requested to perform professional ser- the services sl�all be perfomied,within the limits presented by vices in addition to professional tank evaluation, tank wash- OWNER, in a manner consistent with the level of care and out,or tank disinfection as stated above,then a new agreement skill ordinarily exercised by other professional consultants will be required. This agreement is only for the scope of ser- under similar circumstances at the time the services are per- vices stated above in paragraphs 1.1, 1.2.,and 1.3. formed. No other representations to OWNER, ecpressed or implied and no warranty or guarantee is included in tkus SECTION 2-OWNER'S RESPONSIBILTTIES Agreement,or in arry report,opinion,document,or otherwise. il OWNER shall do the following in a timely manner so not to 4.2.Termination-The obligation to perform under the tenns I delay the services of ENGINEER. of this Agreement may be terminated by ENGINEER upon �I Yhirty (30) days' written notice to OWNER in the event of 2.1.Designate in writing a person to act as OWNER's repre- substantial failure of OWNER to perform in accordance with I sentative with respect to the services to be rendered under this the terms hereof. This Agreement may be terminated by Agreement. Such person shall have complete authority to OWNER with or without cause upon thirty(30)days'written transmit instructions,receive information,interpret and define notice to ENGINEER. OWNER shall compensate OWNER's policies and decisions with respect to ENGINEER for all work performed up to and including the ENGINEER's services for the Prbject. termination date. 2.2.Provide all criteria and fuli information as to . 4.3.Re-use of Documents - All documents fumished by the ENGINEER's services hereunder as to OWNER's require- ENGINEER pursuant to this Agreement are instruments of ments for the Project, including design objectives and con- services in respect to the Project and the ENGINEER shall straints, space, capacity and perFormance requirements, flexi- retain Ownership of said documents whether or not the Pro- bility and expandabiliry, and any budgetary limitations; and ject is completed. The OWNER may make and retain any ad- fiunish copies of all design and construction standards which ditional copies for information and reference in connection OWNER currenfly has,if any. with the use of the Project by OWNER and others for the Pro- ject;however,such documents are not intended or represented to be suitable for re-use by OWNER or others on extensions