02-16-09 Drainage and Flooding Committee minutes

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k lot z .~. ass 0 cia t e s LETTER OF AGREEMENT FOR CONSULTING SERVICES This Agreement is made and entered into this _th day of (hereinafter called the "Engineer"), and the , 20_, by and between Klotz Associates, Inc. of Harris County. Texas CITY OF LA PORTE (hereinafter called the "Client") That whereas the Client has requested services of the Engineer in relation to: IMPACT ANALYSIS FOR PROPOSED SHEET FLOW RELIEF STRUCTURES PROJECTS #1 THROUGH #12 OF CWDS CITY OF LA PORTE, TEXAS KLOTZ ASSOCIATES PROJECT NO. 0127.mO.OOo (SEE ATTACHED PROPOSAL LETTER DATED MARCH 13,2009) {herein called the "Project"}. NOW, THEREFORE, the CLIENT and the ENGlNEER. in consideration of the mutual covenants hereinafter set fortb, agree as follows: Upon receipt of the executed copy of this Agreement, the Engineer will perform services to provide the Client with the data, information or opinion requested, proceed with the work as expeditiously as practical, inform the Client of any delays and provide the Client with a minimum of two copies of the final product or findings. The Client will place at the Engineer's disposal all available information pertinent to the Project including previous reports and any other relative data and will arrange for and provide access to the Engineer, without liability of any nature to the Enguleel' except for Engineer's own 'peglh~~~~J. ~~_ ~~~u.P.C!.!!:1!.'L!.~li9 .!i!l4 p-rivate la~~ a~ .r~CL~!!e~ for the l?~gineer to p~rf~rm h_~~ _~o.~ m..~~~ th_i~ ~!?l:~~?~ Payments for services of the Engineer wilt be based on a fixed price of Nineteen Thousand Two Hundred Dollars ($19,200.00). Invoices will be submitted monthly and will reflect the percentage of the project completed at the date of the invoice. Reimbursable expenses shall mean the Engineer's actual expense of transportation and subsistence of principals, employees and consultants when traveling in connection with the Project, consultant's fees, field office expenses, toll telephone catis and telegrams, reproduction of reports, drawings and.similar Project related items. Payments for services, additional s~rvices and reimbursable expenses shall be made by the Client within thirty (30) days after receipt of Engineer's invoice. All moneys not paid the Engineer when due, hereunder shall bear interest at 1.5% per month. calculated daily, on the unpaid balance. Termination of this Agreement prior to completion must be made in writing and may be made by either party. If this Agreement is terminated at any time by either party, the Engineer shall be paid for services actually performed. Client hereby agrees that Engineer's total liability to Client for injuries, claims, losses, expenses, Or damages arising out of or related to the Project or this Agreement shaH not exceed the total compensation received by Engineer under this agreement. Client further agrees that Engineer shall not be liable for any injuries, claims, losses, expenses, or damages, except to the extent of Engineer's own negligence or willful misconduct. All documents, including original drawings, estimates, specifications, field notes and data are illld shall remain the property of the Engineer as instruments of service. The Client may obtain a set ofreprodllciblcs. This Agreement represents the entire agreement between Klotz Associates, L'lC, an.d tbe Client atld may be amended only by written instrument signed by both parties. This Agreement shan be governed by the laws of the State of Texas. Name Date Name: Michael A. Ogden Title: Sr. Vice President CLIENT: City of La Porte Rev. 06/07