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<br /> , . TERMS AND CONDITIONS
<br /> . To assure�an understanding of matters related to our mutual responsibilities,these terms and conditions for professional engineering services are
<br /> made a part of this agreement for our services:
<br /> AMENDMENTS
<br /> This agreement may be amended in writing providing both the Owner and Engineer agree to such modifications. I
<br /> COMPENSATION FOR ENGINEERING SERVICES
<br /> The basis for compensation will be as identified in the agreement.
<br /> When "Lump Sum" payment is utilized, it shall include all labor and expenses(for the scope of work as defined in the agreement) incurred by the
<br /> Engineer and shall not exceed the fixed payment amount without prior authorization of the owner.
<br /> When a "Cost Multiplier" payment is utilized it shall be computed by a multiplier factor times direct labor cost plus reimbursable expenses.
<br /> "Reimbursable Expenses" means the actual expenses incurred directly or indirectly in connection with the work including but not limited to the
<br /> following: Transportation and subsistence,toll telephone calls,telegrams, reproduction or printing, computer time and outside consultants.
<br /> The "Multiplier" is a factor for general direct overhead, indirect costs, profit and other costs. The Multiplier factor rate shall be identified in the
<br /> agreement.
<br /> TIME OF PAYMENT
<br /> The Engineer may submit monthly statements for services and expenses based upon the proportion of the actual work completed at the time of
<br /> billing. Unless provided for otherwise, payments for engineering services will be due and payable thirty (30) calendar days from the issuance of the
<br /> Engineer's statement.
<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'/� % per
<br /> month will be added to the Owners account. This is an annual rate of 18%.
<br /> LIMITATION OF LIABILITY
<br /> The Owner agrees to limit the Engineers 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 550,000 or the Engineers total fee 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, 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
<br /> or have any control of the safety or adequacy of any equipment,building component,scaffolding,supports,forms or other work aids, and shaii have
<br /> no duties or responsibilities imposed by the Structural Work Act.
<br /> TERMINATION
<br /> This agreement may be terminated by either party upon written notice. Any termination shall only be for good cause such as for legal, unavailability
<br /> 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
<br /> to the date of termination on a basis of direct labor cost times a multiplier of 2.74�uniess otherwise specified in this Agreement) plus reimbursable
<br /> expenses, plus reasonable termination costs.
<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. Any
<br /> reuse without specific written verification or adaptation by Engineer will be at Owner's sole risk, and without liability of Engineer, and Owner shall
<br /> indemnify and hold harmless engineer from all claims,damages, losses and expenses including attorneys fees arising out of or resulting therefrom.
<br /> Any such verification or adaptation will entitle engineer to further compensation at rates to be agreed upon by Owner and Engineer.
<br /> ESTIMATES OF COST
<br /> Since the Engineer has no control over the cost of labor, materials or equipment or over a Contractor(s) method of determining prices, or over
<br /> competitive bidding or market conditions, his opinions of probable Project Cost or Construction Costs that may be provided for herein are to be made
<br /> on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry,
<br /> but Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by
<br /> him. If the Owner wishes greater assurance as to the Construction Cost, he shall employ an independent cost estimator.
<br /> YEAR 2000 COMPLIANCE
<br /> Owner acknowledges that URS Corporation, its affiliates, and subsidiaries, ("URS Corporation") has no responsibility to independently verify that
<br /> computers, computer chips,and/or software programs developed by others and used in the performance of, or incorporated into the Work, are year
<br /> 2000 compliant. Where such independent verification is required, it shall be performed by the Owner; if required by a written Work Order, such
<br /> verification may be performed by URS Corporation.
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