R2003-65 AUTHORIZING AGREEMENT - Laserfiche WebLink

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' . HOMER L.CHASTAIN&ASSOCIATES,LLP Consulting Engineers DECATUR&CHICAGO,ILLINOIS AGREEMENT FOR PROFESSIONAL SERVICES TERMS AND CONDITIONS These Terms and Conditions are a part of the Agreement between the Client(Owner)and Homer L Chastain&Associates, LLP, (Engineer). Any , provision or part thereof of this agreement held to be void or unenforceable under any law shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. AMENDMENTS This agreement may be amended only in writing by both the Owner and Engineer. COMPENSATION FOR PROFESSIONAL SERVICES The basis for compensation will be either 1)a Lump-Sum Amount as noted on the face of this agreement or 2)payment for all hours worked on the project based on the indicated rate for the class of personnel shown�the current Schedule of Hourly Rates in effect plus reimbursable expenses. (See attached Person Hour and Direct Cost Estimate.) "Reimbursable Expenses" means the actual expenses incurred directly or indirectly in connection with the work including but not limited to the following: Transportation and subsistence,toll telephone calls,telegrams,reproduction w printing,computer time and outside consultants. TIME OF PAYMENT The Engineer may submit monthly statements for services and expenses based upon the proportion of the actual work completed at the tirne of billing. Unless provided for othenvise,payments for professional services will be due and payable upon the issuance of the Engineer's invoice. We bill for work done each month by the 10th of the foltowing month. LATE PAYMENT If the Owner fails to make any payment due the Engineer for services and expenses within the time period specified,a service charge of 1.5%per month may be added to the Owner's account at the Engineer's discretion. This is an annual rate of 18%_ Owner further agrees to pay all expenses of collection,including court costs and reasonable attorney fees should it become necessary to refer Owner's account tor collection. LIMITATION OF LIABILITY The Engineer and Owner agree to defend, indemnify, and hold harmless each other,from and against legal liability for all claims, Iosses, damages, and expenses resulting from death or bodily injury to person, damage or destruction to third-party property to the extent such claims, losses, damages,or expenses are caused by the joint or concurrent negligence of the Engineer and Owner,they shall be bome by each party in proportion to its own negligence. TERMINATION This agreement may be terminated by either party within three days after receiving written notice. Any termination shall only be for good cause such as for legal, unavailability of adequate financing or major changes in the work. In the event of any termination, the Engineer will be paid for all services and expenses rendered to the date of termination on a basis of the Schedule of Rates plus reimbursable expenses and reasonable termination costs. DELIVERABLES AND ELECTRONIC FILES Plans, specifications,and electronic files are instruments of service and remain the property of the Engineer. Sealed hardcopy mylar plans provided by the Engineer are actual deliverables and have precedence over any electronic files supplied to the Owner as a convenience. Electronic files are supplied in the software format currently in use by the Engineer,who has no contrd over deterioration or functional obsolescence due to upgraded versions of software programs. Owner agrees to indemnify and hold Engineer harmless from claims resulting from unauthorized reuse of electronic files or unauthorized changes made by Owner or others to files in the Owner's possession. Information contained in electronic files is valid only for 60 days following delivery to the Owner,and the Engineer is not responsible for data deterioration within the file. REUSE OF DOCUMENTS All documents including drawings and specifications furnished by Engineer pursuant to this Agreement are instruments of his services in respect of the work. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this work,or on any other work. ESTIMATES OF COST Since the Engineer has no control over the cost of labor, materials or equipment or over a Contractor(s) methods of determining prices, or over competitive bidding or marketing conditions, his opinions of probable Project Cost or Construction Cost that may be provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional tamiliar with the construction industry, but Engineer cannot and dces not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. If the Owner wishes greater assurance as to the Construction Cost,he shall empby an independent cost estimator. 2 of 6 I:\Municipalities\City_of Decatur\4819_Twin_Bridge_Rd\Management\Twin Bridge Rd Study Contract 03-04-2003.doc