R94-180 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT

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AGREEMENT FOR CONSULTING SERVICES 1. City of Decatur (Client) and Black & Veatch (Consultant) have executed this Agreement, the effective date of which shall be 1 � _ 2. Consultant shall perform the Scope of Services and Client shall be responsible for Client Responsibilities, both as described in Attachment A and C which are attached to and made a part of this agreement. 3. Client shall pay Consultant for services provided in accordance with the compensation provision set forth in Attachment B, which is attached and made a part of this agreement. 4. Consultant shall exercise the same degree of care and diligence in the performance of the Services as is ordinarily exercised by a professional under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any specification, report, or opinion produced pursuant to this Agreement. 5. Consultant shall not be liable to Client for any special , indirect, or consequential damages resulting in any way from the performance of the Services. Consultant's total liability under this contract shall not exceed Consultant' s compensation under Paragraph 3, above. 6. Consultant and Client waive all rights against each other and their respective directors, officers, partners, commissioners, officials, agents, subcontractors, and employees for damages covered by any type of property insurance during and after the completion of the Services. 7. This Agreement may be terminated upon written notice at Client' s convenience or by either party in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. In the event of termination, Client shall pay Consultant for all Services performed and termination expenses. The provisions of Paragraph 5 shall remain effective following any termination of this Agreement. � 8. Nothing in this Agreement shall be construed to give any rights or ' benefits to anyone other than Client and Consultant. 9. Except as otherwise provided herein, documents prepared by Consultant as part of the Services shall become the property of Client, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Consultant. 10. This Agreement shall be governed by the laws in the State of Illinois.