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"ATTACHMENT B"
<br />GENERAL CONDITIONS OF AGREEMENT
<br />BETWEEN OWNER AND ENGINEER
<br />1. COORDINATION WITH THE OWNER:
<br />The Engineershall hold periodic conferences with the Owner, or his representatives, to the end that the
<br />Project, as it progresses, shall have benefit of the Owner's experience and knowledge of existing needs
<br />and facilities, and be consistent with current policies. To implement this coordination, the Owner shall
<br />make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes,
<br />statistics, computations and other data in Owner's possession relative to existing facilities and to the
<br />Project. The Owner shall furnish all legal, accounting and insurance counseling services, and other
<br />special consultants. The Engineer shall be entitled to rely on the completeness and accuracy thereof. If
<br />the Owner observes,'or otherwise becomes aware of any fault or defect in the Project, prompt written
<br />notice thereof shall be given by the Owner to the Engineer.
<br />2. FEES
<br />For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the
<br />Engineer shall receive the fees set forth in the attached agreement. Unless otherwise specified, fees
<br />shall be paid to the Engineer in accordance with monthly billings based upon work performed and
<br />expenses incurred during that month. The Engineer's final payment is due and payable upon completion
<br />of the Engineer's services.
<br />3. OWNERSHIP OF DOCUMENTS
<br />Electronic GIS files and correspondence prepared by the Engineer shall be and remain the property of
<br />the Owner, provided that the Engineer has received full compensation due. The Engineer may retain
<br />copies of such electronic files and correspondence.
<br />4. TERMINATION; SUSPENSION OF WORK
<br />This Agreement may be terminated by either party by thirty days' written notice
<br />If the Project is terminated, abandoned or suspended, the Engineer shall be equitably paid for services
<br />rendered prior to effective termination notice date and for reasonable termination expenses.
<br />PROFESSIONAL RESPONSIBILITIES
<br />Services will be performed in accordance with sound and generally accepted principles as expeditiously
<br />as is consistent with professional skill and care and the orderly progress of the work. The Engineer shall
<br />not be liable for any indirect or consequential loss or damage arising out of the performance of services
<br />hereunder, including, but not limited to, loss of profit, or business interruption, unless caused by
<br />negligence of the Engineer.
<br />6. FORCE MAJEURE
<br />The Engineer shall not be responsible or liable for any loss, damage, or delay caused by force majeure,
<br />which shall include riot, insurrection, embargo, fire or explosion, the elements, act of God, epidemic,
<br />war, vandalism or sabotage, earthquake, flood, strike, boycott, picketing, act of any government official
<br />or agency - civil or military, unavoidable accident, unlawful act of third parties, or any cause, whether or
<br />not similar to the foregoing, which loss, damage or delay is beyond the Engineer's reasonable control.
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