R97-17 AUTHORIZING AGREEMENT - ECONOMIC AND ENGINEERING SERVICES, INC.

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. . � CONSULTING SERVICES AGREEMENT ECONOMIC AND ENGINEERING SERVICES, INC. I Billing Address I P.O. Box 1989 Bellevue,WA 98009 (206) 451-8015 Work Order#13750 This Consulting Services Agreement is made between Economic and Engineering Services, Inc., (hereinafter "EES") and the City of Decatur, Illinois whose place of business is located at #1 Gary K. Anderson Plaza, Decatur, Illinois 62523-1196(hereinafter"CLIENT")for a project generally described as a comprehensive water rate study. I. SCOPE OF ENGINEERING SERVICES EES will provide the following services under this Agreement: Comprehensive Water Rate Study, Review of Miscellaneous Fees and Review and Update of General Faciliry Charges. The scope of services to be provided is more fully described on Attachment A to this Agreement. EES shall render its services in accordance with generally accepted professional practices. EES shall, to the best of its knowledge and belief, comply with applicable laws, ordinances, codes, rules, regulations, permits and other published requirements in effect on the date this Agreement is signed. Notwithstanding any other provision(s) herein, nothing in this Agreement shall be construed so as to raise the standard of care otherwise applicable to EES'services provided hereunder. II. COMPENSATION &REIMBURSEMENT OF COSTS , Services provided and costs incurred by EES under this Agreement will be compensated as follows: Not to exceed$43,250.00, including subcontractor costs included in Section III(6). � In the event services are to be provided by EES in whole or in part on an hourly basis, billings will be based upon ' billing rates in effect for each employee utilized by EES to perform its obligations under this Agreement. EES will submit monthly invoices to CLIENT for work completed and reasonable expenses incurred, to the date of the invoice. All invoices will be itemized to reflect the task performed, the employees performing each task, the billing rate for each employee and the hours worked. CLIENT shall have no right of set off against any billings of EES for disputed claims or Gervices. CLIENT shall pay all out-of-pocket travel, food, lodging and incidental expenses incurred by EES that are reasonably associated with the provision of services under this Agreement. Out-of-pocket expenses to be reimbursed by CLIENT to EES will be verified by separate invoices and/or receipts. An additional charge of 0.0 percent will be added to the out-of-pocket expenses for taxes (if any)and administrative costs. All invoices sent by EES to CLIENT shall be paid within thirry (30) days of receipt. All billings that remain unpaid after thirty (30) days shall bear interest until paid at the rate of twelve percent (12%) per annum or the maximum rate allowed by law, whichever is less. If CLIENT fails to pay any invoice within thirty(30) days and such failure continues ten (10) days after EES gives CLIENT notice of such failure, EES shall have the right to terminate this Agreement immediately without liability to CLIENT. The right to terminate under the terms of this section shall be in addition to all other legal, equitable, or contractual remedies available to EES. EES shall be entitled to a change in compensation and/or time for performance for any changes made in the scope of the services made by CLIENT, so long as such changes do not arise from the negligence of EES. The costs of any additional design services undertaken, together with any costs and additional compensation that may be due EES hereunder, shall be paid to EES monthly as provided in this section, and the Contract Estimate and Project Schedule shall be equitably adjusted to reflect the change. EES shall not be required to perform any work connected with a change unless and until the parties have agreed on the amount of time and/or compensation associated with the change. III. TERMS&CONDITIONS OF ENGINEERING SERVICES AGREEMENT 1. Timing of Work. EES shall commence work on or about March 1, 1997. 2. Opinions of Cost, Financial Considerations, and Schedules. In providing financial analyses or opinions of cost, economic feasibility and scheduling for the Project, EES has no control over: costs or prices of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures; market conditions;time or quality of performance by third parties; quality,type, management, or direction of operating personnel; or other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, EES makes no warranty that the CLIENT's actual Project costs, Page 1 of 4