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g EXHIBIT <br />AGREEMENT <br />BETWEEN OWNER AND CT CONSULTANTS INC. <br />FOR <br />PROFESSIONAL SERVICES <br />THIS IS AN AGREEMENT effective as of <br />("Effective Date") between <br />CITY OF NORTH OLMSTED, OHIO ("Owner") <br />and CT CONSULTANTS, INC. ("Engineer") <br />Engineer agrees to provide the services described below to Owner for: <br />SOUTH INTERCEPTOR INFILTRATIONANFLOW STUDY ("project") <br />Owner and Engineer further agree as follows: <br />1.01 Basic Agreement <br />A. Engineer shall provide, or cause to be provided, <br />the services set forth in this Agreement and Exhibit "A", and <br />Owner shall pay Engineer for such Services as set forth in <br />Paragraph 9.01. <br />2.01 Payment Procedures <br />A. Preparation of Invoices. Monthly invoices will <br />be prepared based on our estimate of the percent of work <br />complete for the lump sum fee. The Engineer reserves the <br />right to adjust fees per task without exceeding the total lump <br />sum fee. Monthly invoices will be due and payable within 30 <br />days of receipt. <br />B. Payment of Invoices. Invoices are due and <br />payable within 30 days of receipt. <br />3.01 Additional Services <br />A. If authorized by Owner, or if required because of <br />changes in the Project, Engineer shall furnish services in <br />addition to those set forth above, and as further described in <br />Exhibit "A." <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 equal to <br />the cumulative hours charged to the Project by each class of <br />Engineer's employees times standard hourly rates for each <br />applicable billing class; plus reimbursable expenses and <br />Engineer's consultants' charges, if any. <br />4.01 Termination <br />A. The obligation to provide further services under <br />this Agreement may be terminated: <br />1. For cause, <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 />b. By Engineer: <br />1) upon seven days written notice if <br />Engineer believes that Engineer is being <br />requested by Owner to furnish or perform <br />services contrary to Engineer's <br />responsibilities as a licensed professional; <br />or <br />2) upon seven days written notice if <br />the Engineer's services for the Project are <br />delayed or suspended for more than 90 <br />days for reasons beyond Engineer's <br />control. <br />3) Engineer shall have no liability <br />to Owner on account of such termination. <br />1 of 4 <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 />