R98-78 ACCEPTING THE PROPOSAL AND AUTHORIZING AN AGREEMENT CONTRACT

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• • . . HOMER L. CHASTAIN & ASSOCIATES, LLP Consulting Engineers DECATUR & CHICAGO, ILLINOIS AGREEMENT FOR ENGINEERING SERVICES TERMS AND CONDITIONS These Terms and Conditions are a part of the Agreement between the Client (Owner) and Homer L. Chastain & Associates, LLP, (Engineerl. 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 e 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 ENGINEERING 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 on the current Schedule of Hourly Rates in effect plus reimbursable expenses. (See attached Schedule of Hourly Rates) "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 or 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 time of billing. Unless provided for otherwise, payments for engineering 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 following 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 for collection. LIMITATION OF LIABILITY The Owner agrees to limit the Engineer's liability to the Owner and to all construction contractors and subcontractors where applicable, on this work, 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 named shall not exceed 550,000 or the Engineer's total fee for services rendered on this work, whichever is greater. AUTHORITY AND RESPONSIBILITY The Engineer shall not guarantee the work of any Contractor or Subcontractor, shall have no authority to stop work, shall have no supervision or 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 have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids, and shall have no duties or responsibilities imposed by the Structural Work Act. 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. 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 Contractorls) 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 familiar with the construction industry, but Engineer cannot and does 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 employ an independent cost estimator. d:\agree\4341