8.2. SR 09-15-2003 - Laserfiche WebLink

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3.1.1. OWNER shall provide at[ criteria and fur[ information as to OWNER's requirements for the Project; designate a person to act with authority on OWNER's behalf in respect of at[ aspects of the Project; examine and respond promptly to ENGINEER's submissions; and give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any defect in the work. 3.2. O~ner Provides Services 3.2.1. OWNER shat[ also do the following and pay all costs incident thereto: --Furnish to ENGINEER sub-surface explorations, Laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of at[ of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning and deed restrictions; att of which ENGINEER may rely upon in performing services hereunder. --Guarantee access to and make att provisions for ENGINEER to enter upon public and private property. --Provide such legal, independent cost estimating and insurance counseling services as may be required for the Project, any auditing service required in respect of Contractor(s)' applications for payment, and any. inspection services to determine if Contractor(s) are performing the work Legally. --Furnish approvals and permits from at[ governmental authorities having jurisdiction over the Project. 4.0 PAYMENT OF FEES 4.1. Fees Are In Accordance Uith Letter Agre(~aent 4.1.1. The ENGINEER'S fees shall be in accordance with the Letter Agreement. Un[ess stated otherwise in the Letter Agreement, fees do not include reimbursable expenses which are billed direct in accordance with paragraph 4.2. 4.1.2. Fixed fees shall be payable in full when the ENGINEER'S services are completed. If the project is suspended for mere than 90 days or terminated, the ENGINEER shat[ be paid his complete fixed fee or on the basis of his time spent on the work at his standard hourly rates, whichever is Less. 4.1.3. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1.5% per month from the date of the invoice, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. OWNER shall also pay all costs of collection of unpaid fees and expenses, including reasonable time of ENGINEER and his employees based on the standard fee schedule. 4.1.4. AL[ invoices will be formatted as in the attached "example invoice". 4.2. Reimbursable Expenses 4.2.1. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly or indirectly in connection with the Project, such as expenses for: transportation; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project related items; charges Levied by others for materials required to perform the work (copies of record plans, maps, deeds, specialized documents, etc.); filing fees; permit application fees, etc.; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. SECTION 5 - M[SCELLJ~NEOUS 5.1. Geflerat Requirements 5.1.1. Since ENGINEER has no control over the cost of Labor, materials, equipment or services furnished by others or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Price Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and represent ENGINEER's best judgment; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. 5.1.2. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 5.1.3. This Agreement is to bo governed by the taws of the principal place of business of the ENGINEER. 5.1.4. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and att duties and responsibilities undertaken pursuant to this Agreement wit[ be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 5.1.5. Any hazardous waste, underground storage tanks, or asbestos required to be removed, encapsulated or otherwise contained during the course of this project will be removed, encapsulated or otherwise contained as required by [aw, rules, regulations or orders by OWNER, acting through qualified professionals and contractors. Page 2 of 2 Pages