Klotz Associates-addendum 03-26-10

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k lot z .~~ ass 0 cia t e 5 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. cfHarris County, Texas CITY OF LA PORTE (hereinafter called the "Client") That whereas the Client has requested services of the Engineer in relation to: SCOPE OF WORK AND BUDGET FOR CONSTRUCTING SHEET FLOW RELIEF STRUCTURES IN BROOKGLEN & FAIRMONT PARK EAST SUBDIVISIONS KLOTZ ASSOCIATES PROJECT NO. 0127.009.0flO (SEE ATTACHED PROPOSAL LETTER DATED JANUARY 30, 20(9) (herein called the "Project"). NOW, THEREFORE, the CLIENT and the ENGINEER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Upon receipt of the executed copy of this Agreemen~ tbe 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 mini.rnwn 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 ~lative data and will arrange for and provjde access to the Engineer, without liability of any nature to the Engineer except for Engineer's own . ~ligence, to enter upon public and private lands as required for the Engineer to perform his work under this Agreement Payments for services ofihe Engineer will be based on a fixed price of Forty Seven Thousand Eight Hundred Dollars ($47,&00.00). 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 calls and telegrams, reproduction of reports, drawings and similar Project related items. Payments for services, additional services and reiinbursable expenses shall be :made by the Client within thirty (30) days after receipt of Engineer's invDice. All moneys not paid the Engineer wheo due, hereunder shall bear interest at 1.5% per month, calculated daily, 00 the unpaid balance. Termination of this A",creement 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 shall 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 and shall remain the property of the Engineer as in strum f service. The Client llUly obtain a set of reproducible.. Agree ent represents the entire agreement between Klotz Associates, Inc. and the Client and may be amended only by written strome .gned by both parties. This Agreement shall be governed by the laws of the State of Texas. ~ Rev. 06/07