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HOMER L. CHASTAIN &ASSOCIATES, LLP
<br /> Consulting Engineers �
<br /> � '
<br /> DECATUR & CHICAGO, ILLINOIS
<br /> AGREEMENT FOR PROFESSIONAL SERVICES
<br /> TERMS AND CONDITIONS
<br /> These Terms and Conditions are a part of the Agreement between the Client (Owner) and Homer L. Chastain &
<br /> Associates, LLP, (Engineer). Any provision or part thereof of this agreement held to be void or unenforceable under
<br /> any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties.
<br /> The parties agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid
<br /> and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
<br /> AMENDMENTS
<br /> This agreement may be amended only in writing by both the Owner and Engineer.
<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 21 payment
<br /> for all hours worked on the project based on the indicated rate for the class of personnel shown on the current
<br /> Schedule c+# Ho�_+rly Rates in effect pl��s reimbursable expenses. (See attached Schedule of Hourly Rates)
<br /> "Reimbursable Expenses" means the actual expenses incurred directly or indirectly in connection with the work
<br /> including but not limited to the following: Transportation and subsistence, toll telephone calls, telegrams, reproduction
<br /> or printing, computer time and outside consultants.
<br /> TIME OF PAYMENT
<br /> The Engineer may submit monthly statements for services and expenses based upon the proportion of the
<br /> actual work completed at the time of billing. Unless provided for otherwise, payments for professional
<br /> services will be due and payable upon the issuance of the Engineer's invoice. We bill for work done each
<br /> month by the 10th of the following month.
<br /> LATEPAYMENT
<br /> If the Owner fails to make any payment due the Engineer for services and expenses within the time period
<br /> specified, a service charge of 1.5% per month may be added to the Owner's account at the Engineer's
<br /> discretion. This is an annual rate of 18%. Owner further agrees to pay all expenses of collection,
<br /> including court costs and reasonable attorney fees should it become necessary to refer Owner's account
<br /> for collection.
<br /> LIMITATION OF LIABILITY
<br /> The Owner agrees to limit the Engineer's liability to the Owner and to all construction contractors and subcontractors
<br /> where applicable, on this work, for damages to them, due to the Engineer's negligent acts, errors or omissions, such
<br /> that the total aggregate liability of the Engineer to all those named shall not exceed 550,000 or the Engineer's total fee
<br /> for services rendered on this work, whichever is greater.
<br /> AUTHORITY AND RESPONSIBILITY
<br /> The Engineer shall not guarantee the work of any Contractor or Subcontractor, shall have no authority to stop work,
<br /> shall have no supervision or control as to the work or persons doing the work, shall not have charge of the work, shall
<br /> not be responsible for safety in, on, or about the job site or have any control of the safety or adequacy of any
<br /> equipment, building component, scaffolding, supports, forms or other work aids, and shall have no duties or
<br /> responsibilities imposed by the Structural Work Act. In the event we are not providing site observation services, the
<br /> Client/Owner will indemnify and hold HLC harmless for claims arising from modifications, clarifications, interpretations,
<br /> adjustments or changes made to the contract 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
<br /> shall only be for good cause such as for legal, unavailability of adequate financing or major changes in the work. In the
<br /> event of any termination, the Engineer will be paid for all services and expenses rendered to the date of termination on
<br /> a basis of the Schedule of Rates plus reimbursable expenses and reasonable termination costs.
<br /> DELIVERABLES AND ELECTRONIC FILES
<br /> Plans, specifications, and electronic files are instruments of service and remain the property of the Engineer. Sealed
<br /> hardcopy mylar plans provided by the Engineer are actual deliverables and have precedence over any electronic files
<br /> supplied to the Owner as a convenience. Electronic files are supplied in the software format currently in use by the
<br /> Engineer, who has no control over deterioration or functional obsolescence due to upgraded versions of software
<br /> programs. Owner agrees to indemnify and hold Engineer harmless from claims resulting from unauthorized reuse of
<br /> eiectronic files or unauthorized changes made by Owner or others to files in the Owner's possession. Information
<br /> contained in electronic ii!es is valid only tor 60 days foifowing delivery to tne Uwner, and the Engineer is not
<br /> 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
<br /> of his services in respect of the work. They are not intended or represented to be suitable for reuse by Owner or others
<br /> 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 Contractorls) methods of
<br /> determining prices, or over competitive bidding or marketing conditions, his opinions of probable Project Cost or
<br /> Construction Cost that may be provided for herein are to be made on the basis of his experience and qualifications and
<br /> represent his best judgment as a design professional familiar with the construction industry, but Engineer cannot and
<br /> does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared
<br /> by him. If the Owner wishes greater assurance as to the Construction Cost, he shall employ an independent cost
<br /> estimator.
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