|
. , .
<br /> . ' , STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER
<br /> . ' FOR PROFESSIONAL ENGINEERING SERVICES
<br /> This GREEME , made this /U' � day of 2.4. Give prompt written notice to ENGINEER whenever
<br /> ��i'G��11 c 1998 by and between Tank Industry
<br /> Consiiltants In . Headquartered at 7740 West New York OWNER observes or otherwise becomes aware of any devel-
<br /> Street, Indianapolis, Indiana 46214, hereafter referred to as opment that affects the scope or dming of ENGINEER's
<br /> the ENGINEER and City of Decatur, Located at#1 Crary K. �mces, or any defect or nonconformance in the work of
<br /> Anderson Plaza, Decatur, Illinois 62523-1196, hereafter �3'COntractor affecting the Project.
<br /> referned to as the OWNER 2.5. Perform ihe duties required under the Terms section(if
<br /> any)of the Proposal.
<br /> WITNESSETH: 2,6. The inforn�adon and services to be provided by
<br /> That for and in consideradon of the mutual covenants and p�ER under the Se�tion will be without cost to ENGI-
<br /> promises between the parties hereto,it is agreed: NEER
<br /> SECTION 1-SERVICES OF ENGINEER Section 3-PAYMENTS TO ENGINEER
<br /> 1.1. The ENGINEER agrees to provide system modeling, OWNER shall pay ENGINEER for Services rendered in the
<br /> assist with tank siting(consider two tanks versus one tank), �ounts outlined in the Proposal to the OWNER dated No-
<br /> and develop a design memorandum/final report in accor- vember 19 1997. The OWNER shall issue
<br /> dance with the OWNER's RFP dated October 23, 1997 and ' payn►ent to EN-
<br /> GINEER within 30 calendar days of receipt of properly
<br /> ENGINEER's proposal to the OWNER dated November 19, ��tted invoice. The fees shall increase automatically by
<br /> 1997. 3%on January 1, 1999 and each year thereafter.
<br /> 1.2. If specifically requested in writing by the OWNER, the
<br /> ENGINEER will develop design specifications for the new SECTION 4-TERMS AND CONDITIONS
<br /> tank project, provide professional bidding services, provide 4.1. Professional Responsibility - ENGINEER represents
<br /> professional contract administradon services, and provide �t the services shall be performed, within the limits pre-
<br /> professional project representation services to monitor the sented by OWNER, in a manner consistent with the level of
<br /> contractor's workmanship, or provide other associated serv- �and skill ordinarily exercised by other professional con-
<br /> ices to implement this project. Only those services spec�- ����der similar circumstances at the dme the services
<br /> cally requested and detailed in a subsequent scope of work � pe�ormed. No other representations to OWNER, ex-
<br /> would be provided. pressed or implied and no warranty or guarantee is included
<br /> in this Agreement, or in any report, opinion, document, or
<br /> SECTION 2-OWNER'S RESPONSIBILITIES otherwise.
<br /> OWNER shall do the following in a timely manner so not to 4.2. Termination - The obligation to perform under the
<br /> delay the services of ENGINEER terms of this Agrcement may be terminated by ENGINEER
<br /> 2.1. Designate in writing a person to act as OWNER's rep- upon thirty(30)days'written notice to OWNER in the event
<br /> resentative with respect to the services to be rendered under of substandal failure of OWNER to perform in accordance
<br /> this Agreement. Such person shall have complete authority ���e terms hereof. This Agreement may be ternunated
<br /> to transmit instructions, receive information, interpret and by OWNER with or without cause upon thirty (30) days'
<br /> define OWNER's policies and decisions with respect to written notice to ENGINEER OWNER shall compensate
<br /> ENGINEER's services for the Project. ENGINEER for all work performed up to and including the
<br /> ternunation date.
<br /> 2.2. Provide all criteria and full information as to ENGI-
<br /> NEER's services hereunder as to OWNER's requirements 4.3. Re-use of Documents - Upon payment to the ENGI-
<br /> for the Project, including design otsjectives and constraints, NEER all work, data, drawings, designs, plans, reports,
<br /> space, capacity and performance requiremetrts, flexibility computer programs (nonproprietary), computer input and
<br /> and expandability, and any budgetary limitations; and fur- output, analyses, tests, maps, surveys, or other materials
<br /> nish copies of all design and construction standards which developed for this project, are and shall be the property of
<br /> OWNER currently has,if any. the OWNER ENGINEER shall retain its rights in its stan-
<br /> 23. The OWNER will assist in the access to public and ���ng details, design, specifications, databases, com-
<br /> puter software and any other proprietary property. Rights to
<br /> private property as may be necessary for ENGINEER to intellectual ro develo
<br /> perform services under this Agreement. ENGINEER will P ��' 1�� utilized or modified in the
<br /> perforniance of the services shall remain the property of the
<br /> make final arrangements with the property owner. ENGINEER However, any reuse of the documents by the
<br />
|