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<br />SHORT FORM OF AGREEMENT <br />BETWEEN OWNER AND ENGINEER <br />FOR <br />PROFESSIONAL SERVICES <br /> <br />THIS IS AN AGREEMENT effective as of <br /> <br />("Effective Date") between <br /> <br />("Owner") <br /> <br />City of La Porte <br /> <br />and Klotz Associates, Inc. <br /> <br />("Engineer") <br /> <br />("Project"). <br /> <br />Engineer agrees to provide the services described below to Owner for <br /> <br />Fairmont Park East Preliminary <br />Engineering Report <br /> <br />Description of Engineer's Services: Refer to Proposal dated September 3,2009. <br /> <br />Owner and Engineer further agree as follows: <br /> <br />1.01 Basic Agreement <br /> <br />A. Engineer shall provide, or cause to be provided, <br />the services set fOlth in this Agreement, and Owner shall <br />pay Engineer for such Services as set forth in <br />Paragraph 9.01. <br /> <br />2.01 Payment Procedures <br /> <br />A. Preparation of Invoices. Engineer will prepare <br />a monthly invoice in accordance with Engineer's standard <br />invoicing practices and submit the invoice to Owner. <br /> <br />B. Payment of Invoices. Invoices are due and <br />payable within 30 days of receipt. If Owner fails to make <br />any payment due Engineer for services and expenses <br />within 30 days after receipt of Engineer's invoice, the <br />amounts due Engineer will be increased at the rate of <br />1.0% per month (or the maximum rate of interest <br />permitted by law, if less) from said thirtieth day. In <br />addition, Engineer may, without liability, after giving <br />seven days written notice to Owner, suspend services <br />under this Agreement until Engineer has been paid in full <br />all amounts due for services, expenses, and other related <br />charges. Payments will be credited first to interest and <br />then to principal. <br /> <br />3.01 Additional Services <br /> <br />A. If authorized by Owner, or if required because <br />of changes in the Project, Engineer shall furnish services <br />in addition to those set forth above. <br /> <br />B. Owner shall pay Engineer for such additional <br />services as follows: For additional services of Engineer's <br />employees engaged directly on the Project an amount <br />equal to the cumulative hours charged to the Project by <br />each class of Engineer's employees times standard hourly <br />rates for each applicable billing class; plus reimbursable <br />expenses and Engineer's consultants' charges, ifany. <br /> <br />4.01 Termination <br /> <br />A. The obligation to provide further services under <br />this Agreement may be terminated: <br /> <br />1. For cause, <br /> <br />a. By either party upon 30 days written <br />notice in the event of substantial failure by the <br />other party to perform in accordance with the <br />Agreement's terms through no fault of the <br />terminating party. <br /> <br />b. By Engineer: <br /> <br />I) upon seven days written notice <br />if Engineer believes that Engineer is <br />being requested by Owner to furnish or <br />perform services contrary to Engineer's <br /> <br />10f4 <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services <br />Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />