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LJA Engineering, Inc. 114
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<br /> 11821 East Freeway Phone 713.450.1300 �!
<br /> Suite 400 Fax 713.450.1385
<br /> Houston, Texas 77029 www,ljaengineering.com
<br /> PROFESSIONAL SERVICES AGREEMENT
<br /> This Agreement Is by and between Klotz Associates (CLIENT) and LJA Engineering, Inc. (LJA) who agree as follows: Client engages
<br /> WA to perform the services described In Part 1( "Services ") and LJA agrees to perform the Services for the compensation set forth In Pert III. LJA shall be authorized to commence the Services upon
<br /> execution of this Agreement. Client and LJA agree that this Agreement and attachments referred to herein, constitute the entire Agreement between them relating to the Project ( "Agreement ").
<br /> Project: Engineering Services for Topographic Surveying tor HCFCD Ditch F101 and Bois D Arc Drive
<br /> Location: Harris County
<br /> Job No. / Proposal No.: 11 -0513
<br /> 1. UA ENGINEERING, INC. 'S RESPONSIBILITIES: WA shall perform or furnish the services described under this Agreement.
<br /> See Attached Proposal No. 11 -0513 Dated July 5, 2011
<br /> II. CLIENTS RESPONSIBILITIES; Client, at its expense, shall do the following In a timely manner so as not to delay the Services.
<br /> 1. INFORMATION/REPORTS: Furnish LJA with all reports, studies, site characterizations, regulatory orders, and similar information in its possession relating to the Project. Unless
<br /> otherwise specified in Part I, LJA may rely upon Cllentiumtshed information witnoul Independent verification In performing the Services.
<br /> 2. REPRESENTATIVE: Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies, and make
<br /> decisions with respect to the Services.
<br /> 3. DECISIONS: Provide all criteria and full information as to Client requirements tor She Project, obtain (with LIA's assistance, If applicable) necessary approvals and permits, attend Project-
<br /> related meetings, provide interim reviews on an agreed -upon schedule, make decisions on Project alternatives, and generally participate in the Protect to the extent necessary to allow UA to perform the
<br /> Services.
<br /> 111. COMPENSATION, BILLING, AND PAYMENT: Client shall pay WA for Services In accordance with the following Billing Schedule.
<br /> 1. SERVICES: Hourly Rates with An Estimated Fee 5
<br /> Percentage of Construction Cost S
<br /> X Lump Sum $ 15,500.00 •
<br /> Other (Specify)
<br /> (Engineers Hourly Rate Schedule is Attached as Attachment "A") •
<br /> 2. REIMBURSABLE EXPENSES: Reproduction, Lelephone, 0ut-oF-ton iraval expenses. and Other non-labor charges directly related to the Project will be billed at cost in addition to the fees
<br /> agreed upon for services rendered, Vehicle other than survey/ Project representative will be charged at a rate of 40.55.5 per mile. Survey/ Project representative vehicle mlteagewillbe charged ata rate
<br /> of 50.73 per mile. GADD charges will be525.00whom Filing fees, permit fees, and other special charges which are advanced on behalf of the Client will be billed on a similar basis plus a 10% service
<br /> charge.
<br /> 3, PAYMENTS: Billings for services rendered will be made monthly and payment is requested within fifteen (15) days of receipt of invoice. Unless special arrangements are made, a finance
<br /> charge of 1.595 per month will be added to unpaid balances more than thirty (30) days old as well as any costs of collections. WA reserves the right to suspend work should invoices not be paid within the
<br /> staled terms. The amount of any excise, VAT, or gross receipts tax that may be Imposed for professional services shall be added to the compensation as determined above,
<br /> IV. STANDARD TERMS AND CONDITIONS:
<br /> 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable professional the time and within the
<br /> locality where the Services are performed. Professional services are not subject to, and UA cannot provide, any warranty or guarantee, express or implied, Including warranties or guarantees contained In
<br /> any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions, or notices to proceed Issued by Client ere specifically objected to.
<br /> 2. CHANGS OF SCOPE. The scope of Servicee set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, Information suppled by
<br /> Client. For some Projects involving conceptual or process development services, scope may not De fully definable during Initial phases, As the Project progresses, facts discovered may Indicate that
<br /> scope must be redefined.
<br /> 3. SAFETY, LJA has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically Included as a service to be provided under this
<br /> Agreement, LJA specifically disclaims any authority or responsibility for general job site safety and safety of persona other than LJA employees.
<br /> 4. DELAYS. If events beyond the control of Client or LJA, Including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy. and act or
<br /> regulation of any government agency, result In delay to any schedule established In this Agreement, suoh schedule shall be amended to the extent necessary to compensate for such delay. In the event
<br /> such delay exceeds 60 days, WA shall be entitled to an equitable adjustment In compensation.
<br /> 6, TERMINATION /SUSPENSION. Either party may terminate This Agreement upon 30 days written notice to the other party. Client shall pay LJA for all Services, Including profit relating
<br /> thereto, rendered prior to termination, plus any expenses of termination.
<br /> In the event either party defaults in its obligations under this Agreement (including Client's obligation to make the payments required hereunder), the non - defaulting party may, after 7 days written notice
<br /> stating Its Intention to suspend performance under the Agreement If cure or such default Is not commenced and diligently continued, and failure of the defaulting party to commence cure within such time
<br /> limit end diligently continue, suspend performance under this Agreement.
<br /> 8. OPINIONS OF CONSTRUCTION COST. Arty opinion of construction costs prepared by LJA is supplied for the general guidance of the Client only. Since LJA has no control over
<br /> competitive bidding or market conditions, LJA cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client.
<br /> 7. RELATIONSHIP WITH CONTRACTORS, WA shall serve as Client's professional representative for the Services, and may make recommendations to Client c•nceming actions relating to
<br /> Client's contractors, but LJA specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures of construction selected by Client's contractors.
<br /> 8, , CONSTRUCTION REVIEW. For Projects lnvblving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents In the
<br /> field are normally required, and that performance of construction - related services by the design professional for the Project permits errors or omissions to be identified and corrected at comparatively low
<br /> cost. Client agrees to hold LJA harmless from any ciaims resulting from performance of construction- related services by persons other than LJA.
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