R97-08 ACCEPTING THE PROPOSAL AND AUTHORIZING AN AGREEMENT

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TERMS AND CONDITIONS To assure an understanding of matters related to our mutual responsibilities,these terms and conditions for professional engineeri�g services are made h a paR of this agreement for our servioes: ' AMENDMENTS This agreement may be amended in writing providing both the Owner and Engineer agree to such modifications. COMPENSATION FOR ENGINEERING SERVICES The basis for compensation will be as identified in the agreement. 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 Engineer and shall not exceed the fixed payment amount without prior authorization of the owner. When a"Salary Cost"payment is utilized it shall be computed by a multiplier factor times salary cost plus reimbursable expenses. The"Salary Costs"means the direct labor and wages paid to all Engineering personnel engaged directly on the work plus the cost of customary and statutory benefits inGuding social security contributions,unemployment,heaRh,sick leave,vacation,workmans compensation,incentive and holiday pay applicable thereto. "Reimbursable Expenses"means the actual expenses incurred directly or indirectly in connedion with the work including but not limited to the following: Transportation and subsistence,toll telephone calls,telegrams,reprodudion or printing,computer time and outside consultants. The"Mu�iplier'is a factor for general direct overhead,indirect costs,profit and other costs. The Multiplier factor rate shall be identified in the agreement. 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 thirty(30)calendar days from the issuance of the Engineer's statement. 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'/2°/a per month will be added to the Owners account. This is an annual rate of 18°h. LIMITATION OF LIABILITY The Owner agrees to limit the Engineers liability to the Owner and to all construction contradors 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$50,000 or the Engineers 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 worlc or persons doing the wodc,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,fortns or other work aids,and shall have no duties or responsibilities imposed by the Strudural Wo�lc Ad. TERMINATION This agreement may be tertninated by either party upon written notice. In the event of any termination, the Engineer will be paid for all services and expenses rendered to tl�e date of tertnination on a basis of salary cost times a multiplier of 1.99(ff not previousy provided for)plus reimbursable expenses, plus reasonable termination costs. REUSE OF DOCUMENTS All documeMs induding drawings and speafications fumished by Engineer pursuant to this Agreement are instruments of his services in respect to the work. They are not intended or represented to be suitable for reuse by Owner or others except on extensions of this work. Any reuse except for extensions of this work without specific written verification or adaptation by Engineer will be at Owner's sole risk, and without liability of Engineer, and Owner shall indem�ify and hold harmless engineer from all claims,damages,losses and expenses induding attomeys fees arising out of or resuRing therefrom. Any such verification or adaptation will entitle engineer to further compensation at rates to be agreed upon by Owner and Engineer. ESTIMATES OF COST Since the Engineer has no oontrol over the cost of labor,materials or equipment or over a Contrador(s)method of determining prices,or over competitive bidding or maricet conditions,his opinions of probable Project Cost or Construdion Costs that may be provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a desgn professional familiar with the construction industry,but Engineer cannot and does not guarantee that proposals,bids or the construdion 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. The Engineer agrees to comply with"Section 3 Clause"as shown in the attached Exhibit A.