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ENGINEERING CONSULTING TERMS AND CONDITIONS <br />1. SERVICES: Engineer agrees to perform the Scope of <br />Services (Services) under the following terms and conditions. <br />Additional Services will be provided only by written amendment to <br />this Agreement. <br />2. TIMES OF PAYMENTS: Engineer will submit invoices on a <br />monthly basis for the unbilled portion of Services actually <br />completed. Client will pay the invoice within 30 days of the <br />invoice date. Accounts remaining unpaid after said 30 days will <br />be considered delinquent and assessed a late payment charge <br />(currently at the rate of 11/2% per month) calculated each month <br />from the date of the invoice. Engineer reserves the right to <br />suspend all Services until account delinquencies have been <br />remedied. <br />3. OPINIONS OF COST: Because Engineer has no control over <br />the cost of labor, materials, equipment or Services furnished by <br />others, or over contractors' methods of determining prices, or <br />other competitive bidding or market conditions, any cost <br />estimates provided by Engineer will be made on the basis of <br />experience and judgment. Engineer cannot and does not <br />guarantee that proposals, bids or actual Project construction <br />costs will not vary from opinions of probable costs prepared by <br />Engineer. <br />4. CLIENT -PROVIDED INFORMATION: Client will make <br />available to Engineer, all information readily available to Client <br />regarding existing and proposed conditions of the site which will <br />aid Engineer in its performance of Services. Engineer shall be <br />entitled to rely, without further inquiry or Investigation, on all <br />Information furnished to Engineer by Client Client agrees to <br />advise Engineer of any hazardous substances or any condition <br />existing in, on or near the site presenting a potential danger to <br />human health, the environment, or equipment. Chant will <br />immediately transmit to Engineer any new information which <br />becomes available to Client which may have a bearing on <br />Engineer's performance of Services or which relates to <br />information Engineer has requested from Client. If any hazards, <br />not disclosed to Engineer, are discovered after the Services are <br />undertaken, Client and Engineer agree that the Scope of <br />Services, time schedule and rate schedule shall be modified <br />accordingly. <br />5. STANDARD OF PERFORMANCE: Engineer represents that <br />Services will be performed within the limits prescribed by Client, <br />and that its findings, recommendations, specifications and/or <br />professional advice provided hereunder will be prepared and <br />presented in a manner consistent with the level of care and skill <br />ordinarily exercised by other professionals under similar <br />circumstances at the time the Services are performed. <br />6. ACCESS, APPROVALS, PERMITS: Client shall arrange for <br />access to and make all provisions for Engineer to enter onto <br />public and private property as required for Engineer to perform <br />the Services. Unless otherwise agreed, Client will be solely <br />responsible for applying for and obtaining such permits and <br />approvals as may be necessary for Engineer to perform the <br />Services. <br />Page 1 ort <br />7. REUSE OF DOCUMENTS: All documents, Including <br />computer files, drawings and specifications, prepared by Engineer <br />pursuant to this Agreement shall remain the property of Engineer <br />and are Instruments of service with respect to the Project. They <br />are not intended or represented to be suitable for reuse by Client <br />or others on extensions of the Services provided for the Project <br />under this Agreement or on any other project. Any reuse without <br />written authorization, certification or adaptation by Engineer for <br />the specific purpose intended will be at Clients sole risk and <br />without liability to Engineer. <br />g. ASBESTOSIPCBs: All asbestos/PCB related Services are <br />excluded from Engineer's Scope of Services. Client shall notify <br />Engineer at the start of the Project If the presence of <br />asbestos/PCBs on the project is suspected. If asbestos/PCBs <br />are suspected or encountered, Engineer will stop its own work to <br />permit proper testing and evaluation. If requested as an <br />additional Service, Engineer will assist Client In contacting <br />regulatory agencies and/or identifying appropriate testing <br />laboratories. <br />9. SUBMITTAL REVIEW: Review by Engineer of submittals by <br />contractor is only for general conformance with the design <br />concept of the Project and general compliance with the <br />information given in the Contract Documents. The review does <br />not affect the contractor's responsibility to perform all contract <br />requirements with no change in contract price ortime. Any action <br />taken by the Engineer is subject to the requirements of the plans, <br />specifications and other Contract Documents. Client shall <br />indemnify Engineer against any claim by any contractor based on <br />the review. <br />10. ENGINEER AT CONSTRUCTION SITE: The presence or <br />duties of Engineer's personnel at the construction site, whether as <br />on-site representatives or otherwise, do not make Engineer or its <br />personnel in any way responsible for those duties that belong to <br />the Owner and/or the construction contractors or other entities, <br />and do riot relieve the construction contractors or any otherentity <br />of their obligations, duties and responsibilities, including but not <br />limited to, all construction methods, means, techniques, <br />sequences and procedures necessary for coordinating and <br />completing all portions of the construction work in a=rdance <br />with the Contract Documents and any health or safety <br />precautions required by such construction worts. Enginserand its <br />personnel have no authority to exercise control over any <br />construction contractor or other entity or their employees in <br />connection with their work or any health or safety precautions and <br />have no duty for inspecting, noting, observing, correcting or <br />reporting on health or safety deficiencies of the construction <br />contractor or other entity or any other persons at the site except <br />Engineer's own personnel. <br />CENTURY <br />W/WEST <br />E N G I N 1{ t G N G <br />