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♦ ; � HOMER L.CHASTAIN&ASSOCIATES,LLP
<br /> ' Consulting Engineers
<br /> , , DECATUR&CHICAGO,ILLINOIS
<br /> AGREEMENT FOR PROFESSIONAL SERVICES
<br /> TERMS AND CONDITIONS .
<br /> These Terms and Conditions are a paR of the Agreement between the Client(Owner)and Homer L.Chastain&Associates, LLP, (Engineer). Any
<br /> 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
<br /> 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
<br /> thereof with a vaiid and enforceable provision which comes as close as possibie to expressing the intention of the stricken provision.
<br /> AMENDMENTS i�
<br /> This agreement may be amended only in writing by both the Owner and Engineer. I
<br /> COMPENSATION FOR PROFESSIONAL SERVICES
<br /> 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
<br /> project based on the indicated rate for the class of personnel shown on the current Schedule of Hourly Rates in effect plus reimbursable expenses.
<br /> (See attached Schedule of Hourly Rates) The Village of Forsyth's liability for compensation due to the Engineer will be$4,000. I
<br /> "Reimbursable Expenses" means the actuai expenses incurred directly or indirectly in connection with the work including but not limited to the I�,
<br /> following: Transportation and subsistence,tol�telephone calls,telegrams,reproduction or printing,computer time and outside consultants. I
<br /> TIME OF PAYMENT I
<br /> The Engineer may submit monthly statements for services and expenses based upon the proportion of the actual work completed at the time of i
<br /> billing. Unless provided for othervvise, payments for professional services will be due and payable upon the issuance of the Engineer's invoice. We
<br /> bill for work done each month by the 10th of the following month.
<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 1.5%per
<br /> month may be added to the Owner's account at the Engineer's discretion. This is an annuai rate of 18%. Owner further agrees to pay all expenses of
<br /> collection,including court costs and reasonable attorney fees should it become necessary to refer Owner's account for collection. I
<br /> LIMITATION OF LIABILITY '
<br /> The Owner agrees to limit the Engineer's liability to the Owner and to all construction contractors and subcontractors where applicable,on this work,
<br /> for damages to them, due to the Engineer's negligent acts, errors or omissions, such that the total aggregate liability of the Engineer to all those
<br /> named shall not exceed$50,000 or the Engineer's total fee for services rendered on this work,excluding insurance recoveries,whichever is greater.
<br /> Design Professional and Owner agree to defend, indemnify, and hold harmless each other, from and against legal liability for all claims, losses,
<br /> damages, and expenses resulting from death or bodiiy injury to person, damage or destruction to third-party property to the extent such claims,
<br /> losses,damages,or expenses are caused by the joint or concurrent negligence of Design Professional and Owner,they shall be borne by each party
<br /> in proportion to its own negligence.
<br /> AUTHORITY AND RESPONSIBILITY
<br /> The Engineer shall not guarantee the work of any Contractor or Subcontractor, shall have no authority to stop work, shall have no supervision or
<br /> control as to the work or persons doing the work,shall not have charge of the work,shall not be responsible for safety in,on,or about the job site or
<br /> have any control of the safety or adequacy of any equipment,building component,scaflolding,supports,forms or other work aids,and shall have no
<br /> duties or responsibilities imposed by the Structural Work Act. In the event we are not providing site observation services, the ClienUOwner will
<br /> indemniiy and hold HLC harmless for claims arising from modifications,clarifications, interpretations,adjustments or changes made to the contract
<br /> documents to reflect changed field or other conditions.
<br /> TERMINATION
<br /> This agreement may be terminated by either party within three days after receiving written notice. Any termination shall only be for good cause such
<br /> 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
<br /> services and expenses rendered to the date of termination on a basis of the Schedule of Rates plus reimbursable expenses and reasonable
<br /> termination costs.
<br /> DELIVERABLES AND ELECTRONIC FILES
<br /> Plans,specifications,anci electronic fiies are instruments ot service and remain the property of the Engineer. Sealed hardcopy mylar plans provided
<br /> by the Engineer are actual deliverables and have precedence over any electronic files supplied to the Owner as a convenience. Electronic files are
<br /> supplied in the software format currently in use by the Engineer,who has no control over deterioration or functional obsolescence due to upgraded
<br /> versions of software programs. Owner agrees to indemnify and hold Engineer harmless from claims resulting from unauthorized reuse of electronic
<br /> 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
<br /> days following delivery to the Owner,and the Engineer is not responsible for data deterioration within the file.
<br /> REUSE OF DOCUMENTS
<br /> All documents including drawings and specifications furnished by Engineer pursuant to this Agreement are instruments of his services in respect of
<br /> 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.
<br /> ESTIMATES OF COST
<br /> 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
<br /> competitive bidding or marketing conditions, his opinions of probable Project Cost or Construction Cost that may be provided for herein are to be
<br /> made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction
<br /> industry, but Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost
<br /> prepared by him. If the Owner wishes greater assurance as to the Construction Cost,he shall employ an independent cost estimator.
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