R2001-75 AUTHORIZING THE EXECUTION OF AN AN AGREEMENT

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Mr. Keith D. Alexander City of Decatur Page 6 March 27, 2001 ENGINEER's actual time spent on the project at a standard billing rate of 2.88 times hourly wage rates plus expenses at cost plus 5 percent. Pavment ENGINEER will submit invoices on a monthly basis for the services, and the OWNER shall pay the ENGINEER within 30 days of receipt by the OWNER of each invoice. At ENGINEER's discretion, OWNER shall reimburse ENGINEER at a rate not to exceed 1 percent per month applied against payments not made within 30 days of invoice receipt by OWNER. Chan�es 1. The OWNER may, at any time, make changes within the general scope of this Agreement in the services to be performed. If such changes cause an increase or decrease in the ENGINEER's cost of or time required for performance of any services under this Agreement, an equitable adjustment shall be made, and the agreement shall be modified in writing accordingly. 2. No services for which an additional compensation will be charged by the ENGINEER shall be furnished without the written authorization of the OWNER. The total estimated fees shall not be exceeded without agreement by the OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. Schedule The schedule assumes that OWNER will sign this Agreement so that services can start in April 2001. It is expected that a draft of the final report will be prepared and presented to the OWNER in December 2001. This schedule also assumes that the City Master Planning information will be available in April of 2001. Termination This Agreement may be terminated in whole or in part in writing by either party subject to a two- week notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. The ENGINEER shall be paid for all completed services up to the date of termination. Remedies Except as may be otherwise provided in the Agreement, all claims, counterclaims, disputes, and other matters in question between the OWNER and the ENGINEER, arising out of or relating to this Agreement or the breech thereof, will be decided first by mediation if the parties hereto mutually agree or with a court of competent jurisdiction within the State of Illinois. MGO:j li\\\SA 1\V OL 1\CORPDATA\W ORDP\AGR�Decatur.Agr.2-624-009.doc ST R A N D ASSOCIATES,INC.