HomeMy Public PortalAboutORD14688 BILL NO. 2010-28
SPONSORED BY COUNCILMAN Harvey
ORDINANCE NO. I q4 Y Y
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HENDERSON
ENGINEERS, INC. FOR THE DESIGN OF HVAC SYSTEM AT THE WHITECOTTEN LAW
ENFORCEMENT CENTER; AND AMENDING THE 2009-2010 BUDGET BY A
SUPPLEMENTAL APPROPRIATION OF U.S. DEPARTMENT OF ENERGY GRANT
FUNDS.
WHEREAS, Henderson Engineers, Inc. was the apparent lowest and best bidder for
engineering services for the design and specifications of the HVAC system
for the Whitecotten Law Enforcement Center at 401 Monroe St; and
WHEREAS, The City of Jefferson received grant funds from the U.S. Department of
Energy to assist local jurisdictions in implementing improved energy
strategies.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI AS FOLLOWS:
Section 1. The bid of Henderson Engineers, Inc. is hereby accepted for the drawing
and specifications for the installation of a new HVAC system.
Section 2. The Mayor and City Clerk are hereby authorized to execute a agreement
with Henderson Engineers, Inc. for engineering design services for city-owned property at
401 Monroe Street.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. There is hereby supplementally appropriated within the General Fund,
Federal Grants Revenue Account No. 10-100-430010, the amount$205,400 as indicated
on Exhibit B, attached hereto.
Section 5. There is hereby encumbered within the General Fund-Energy Grant
Expenditures Account No. 10-185-550070, the amount of$60,000 as indicated on Exhibit
B, attached hereto.
Section 6. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: !�2f� ,g l ��h Approved
U -
Presiding Officer May '
Ay RST: APP ED A TO FORM:
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City Clerk City Counselor
CERTIFICATION BY MAYOR
Pursuant to Article VII, Section 7.1(5.) of the Charter of the City of Jefferson, Missouri, I hereby
certify that the sums appropriated in the ordinance are available in the various funds to meet the
requirements of this bill.
// Mayor
Exhibit B
Bill 2010-28
Supplemental Appropriation
Fiscal Year 2010 Budget
Revenue
10-100-430010 (Federal Grants) $205,400.00
Expenditure
10-185-550070 (Engineering Services) $60,000.00
QJICE ®E SON
ENGINEERSZ
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December 10,2008 (Revised May 13,2010)
Dennis Bax
Jefferson City Police Department
401 Monroe St.
Jefferson City, MO 65101
Jefferson City Police Headquarters
Phase 11: H VAC Design Services
HE[Project"'0850000874.20 1
AGREEMENT FOR ENGINEERING SERVICES
t. M/E/P-FP SCOPE OF WORK
Henderson Engineers, Inc. (HEI) will provide mechanical and electrical drawings and specifications for the upper floor
of the 37,600 sq. ft., Jeflerson City Police Department in Jefferson City, MO. This proposal is based on Option 3:
Rooftop Units with By-pass VAV as described in the Phase I report,dated December 9,2008.
Detailed Work Description—Phase 11 Design Services
MEP design services will include drawing and specifications for the installation of new rooftop units with by-pass VAV
terminal units for the upper floor. The existing split-system units in the lower level will remain. HEI will visit the site to
determine the existing conditions. Architectural AutoCAD base drawings will be developed from the best available
information and from site verification. HEI will design the HVAC system to utilize the existing ductwork system where
possible. The systems will be designed so as to provide the required ventilation air to each space. Energy recovery units
will be designed for each roof top system. A new DOC temperature control will be designed to monitor and control the
new systems and will incorporate the existing systems to remain. Upon completion of the system design,HEI will assist
the Owner throughout the bidding phase of the project.
HEI will engage the services of a structural engineering consultant to verify the existing structural conditions as required
for the installation of the new rooftop units. All costs associated with these services will be billed as a reimbursable
expense. Any other additional consultants deemed necessary throughout the completion of the project will be reviewed
with the Owner and billed as a reimbursable expense.
Design and Construction Schedule:
The proposal is based on the discussed approximate design and construction schedules as follows:
Design start date 05/24/2010
75%Design Review 07/02 12010
Design completion date(by which this proposal is based) 08/01/2010
Construction completion date(by which this proposal is based) To Be Determined
2. MECHANICAI,DESIGN BASIC SERVICES
A. The following shall be provided by HEI under the terms of this Agreement:
I- Deliverables:
a) One set of construction document review drawings at 75%completion.
b) One set of reproducible construction drawings and specifications.
2. Design Services provided:
a) Heating,ventilating and air conditioning systems design drawings and specifications.
b) Specification"front end documents"developed based on the Owner's General Requirements.
c) Plumbing systems design drawings and specifications as required for the new systems only.
8325.ENE%A DRIVE EENE%A,KS 66214 ret 913 742 5000 ra>t V13 742 5001 www.hei•eng.com
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d) Electrical systems design drawings and specifications as required for the new systems only.
e) Fire protection system design.
(a) Fire Alarm
(i) Fire alarm system working level design drawings and specifications based on specific fire
alarm equipment as it applies only to new 1i VAC equipment.
0 Energy calculations and submittal forms as required by the authority having jurisdiction for H VAC only.
Building envelope and lighting calculations are excluded.
g) Opinions of Probable Costs
(a) Provided at 75%design. Based on R.S.Means Construction Cost Data or Local Contractor Cost
Estimate (preferred).
h) Special systems design drawings and specifications,noted as either included or excluded.
(a) Lightning protection(performance specification only)—excluded .
(b) Clocksystems—excluded.
(c) Intercom systems—excluded,
(d) Fire Alarm—included as indicated above.
(e) Communication Cabling and jacks—excluded.
(f) Telephone and Data boxes and conduit—excluded.
3. Coordination services:
a) Attendance at a pre-design conference at commencement of design services.
b) Design review on-line meeting at 75%completion of construction documents.
c) Initial site observation visit to determine existing conditions.
(a) For safety reasons,this excludes HEI personnel from opening live electrical equipment, taking
measurements within live electrical equipment or taking measurements within improperly lockout
tagged electrical equipment.
(b) It is understood that if such electrical observations or measurements are required to obtain
necessary information for design of the project,the Owner will make arrangements lbr someone
(either a licensed electrician or properly trained employee) to open the live equipment and take the
required measurements.
d) Code analysis as it relates to M/E/P portion of the project.
e) Coordination of M/E/P design with structural design consultant.
4. Limited construction administration consisting of:
a) Review of shop drawings, test and balance reports,and O S NI manuals.Basic services includes up to 2
reviews or each shop drawing, product data item, sample and similar submittal by the contractor.
Submittal reviews beyond this number will be billed to and paid for by the submitting contractor prior to
HEI commencing review. If design and/or specifications are changed after initial shop drawing
submittal,then the quantity of reviews will re-slart based on the new design supplied by HEI.
b) Response to contractor questions during course of-construction.
c) Construction observation visits to job site will be in conjunction with scheduled construction phase
meetings. Following the observation HEI will provide written report of items that,when fully
completed,will not be compliant with the Contract Documents(maximum of 4 trips with I engineer).
B. The following shall not be provided by HEI under the terms of this Agreement
I. Site lighting systems design.
2. Plumbing and Electrical upgrades to the building beyond those required for the scope of work.
3. Storm drainage system design both on the roofand external to the building(s)-
4. Foundation drainage system.
5. Screen wall designs and specifications.
6. EPACT Federal lax credit and evaluation calculations.
7. LEEDTM Certification of any kind.
8. Daylighting analysis,modeling,and calculations.
9. Cireywater or storm eater reuse system design.
10. Design of-extension of and/or upgrades to water,sewer,storm,gas,electric and telephone utilities to the site.
11. Detailed life-cycle costs and/or energy-use studies.
12. Street Lighting.
13. Design of Mechanical Smoke Control systems.
14. Record drawings with contractor changes incorporated.
_... 15. Design of any structural engineering details such as light pole bases, MEP equipment suspension, re-inforced
concrete pads, seismic bracing and other supports.
16. See"Excluded Services"under Terms and Conditions for additional items not included.
rJHENDERSON
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C. The Client shall provide the following at the request of HEI under the terms of this Agreement:
I. General conditions for the project specifications
2. Prevailing wages rates for this project
3. Copy of site survey indicating utility line locations,sizes and capacities.
4. Copies of existing architectural elevations, sections, details, etc. sufficient to show ceiling, wall and floor
construction types,fire ratings,and clear spaces available.
3. REIMBURSABLE EXPENSES
A. Reimbursable expenses shall be billed above and beyond all fees for professional services, with a multiplier of
1.05. Reimbursable items shall be as follows:
1. Services of structural engineering consultant and any other consultant that may be required.
2. Reproductions,plots, postage,handling and delivery of project related documents and electronic media
requested by the Client or Owner. Plotting of Client,Client's consultant and sub-consultant electronic media
for HE] in-house use will be considered a reimbursable expense when no hard copy of those documents are
provided to 11131.Plotting and printing of HEI generated documents for HEI's in-house use is not a
reimbursable expense.
3. Travel expenses(lodging,meals,and car rental).
4. Overnight delivery,handling and postage charges.
5. Local delivery,handling and postage charges.
6. Film and developing.
7. Automobile mileage required to meet project meeting requirements and site visit requirements. The rate used
will be the current published IRS standard mileage rate.
8. Working with Easy Submittals or other web based submittal review process fees and charges.
9. Costs to obtain product samples that are requested by the Client or Owner.
4. COMPENSATION FOR PROFESSIONAL,SERVICES
A. Hourly to Nlax Fee: Henderson Engineers, Inc. will provide professional services for this project in accordance
with the scope of work, basic services and tents and conditions of contract listed herein on a time and expense
basis not to exceed a fee of 560,000. Time shall be billed according to HEI's standard hourly rates. Payment of
100% of the total fee shall be made upon completion of the construction documents. Invoices will be billed out on
a monthly basis. All payments shall be received by HEI no later than thirty (30) calendar days after invoice date.
In the event that the maximum hourly amount is consumed prior to completing the scope of work,HEI will request
extension of hourly amount and will not proceed until an extended Work Order is executed
B. Additional Services: Additional services shall be provided only upon authorization by the Client and shall be
paid for by the Client as hereinafter provided. Fees will be billed on a time and expense basis for any Additional
Services authorized in writing by the Client,and will be billed separately at the following standard hourly rates:
Senior Principal $180 Senior Designer 3 5105
Principal $155 Senior Designer 2 $100
Associate 3 $145 Senior Designer 1 $95
Associate 2 $I40 Design Level 4 $90
Associate I $125 Design Level 3 $85
Department Director $125 Design Level 2 $80
Assistant Dept.Director $1 o Design Level I S75
Program Manager $100 CADD Technician 3 $75
Project Manager $100 CADD Technician 2 $65
Professional Engineer 4 5120 CADD Technician 1 $60
Professional Engineer 3 $110 Document Distrib.Manager S70
Professional Engineer 2 $105 Administrative Assistant 3 S70
Professional Engineer 1 $95 Administrative Assistant 2 $65
Senior Designer 4 silo Administrative Assistant 1 $60
8325 ILNEXA BRIVI LENEXA,XS 66214 TEL 713 742 5000 F"913 742 5001 www-hei-eng.com
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Clerical S55 Construction Admin.Specialist 3 silo
i Site Observation Technician 3 $110 Construction Admin.Specialist 2 $105
Site Observation Technician 2 $100 Construction Admin.Specialist 1 S95
Site Observation Technician 1 S90
C. The following Design, Construction Administration and Contract Administration Services shall be considered
additional services,but are not the only items to be considered as additional services:
1. Responses to the Contractor's request for information where such information is available to the Contractor
through careful study and comparison of the Contract Documents,field conditions,Owner provided
infommation,Contractor prepared coordination drawings,shop drawings or prior Project correspondence or
documentation. If this becomes a chronic issue in file opinion of HEI,HEI reserves the right to not respond
to such requests without getting additional compensation.
2. Evaluation of substitutions proposed by the Owner's consultants or the project Contractors and making
subsequent revisions to the instruments of service resulting from the evaluations.
3. Involvement with mock-ups.
4. MEP revisions to the plans arising from changes to the Architectural plans per Plan Review comments, Code
comments,or Owner comments.
5. Preparation of design and documentation for alternate bids,multiple bid packages or,proposal requests
proposed by the Owner.
6. Contract Administration Services provided more than 30 days after the date of Substantial Completion of the
Work.
5. TERMS AND CONDITIONS
This Agreement for professional services has been entered into by the Client,and Henderson Engineers, Inc. (HEI). The
name HEI shall pertain to all employees,officers,directors, and all divisions of-Henderson Engineers, Inc.
A. Performance of Services: HEI shall perform lime basic services as outlined above,and any additional services as
required or directed by the Client in consideration of the fee arrangements and payment ternis described in
"Compensation" above.
B. Excluded Services: Other services available from HEI and applicable to the project have been made known and
explained to the Client. Where HEI has deemed a service needed or advisable, HEI has made this opinion known
to the Client and the Client has confirmed his or her opinion that such services are not requested of HEI and/or the
Client has made or shall make arrangements to obtain those services from a source other than HEI. 'these excluded
services include:
1. Electrical design services except those required to support HVAC unit installation.
2. Plumbing design services except those required to support H VAC unit installation.
3. Fire protection design services except as noted in Basic Services.
4. 100%complete Fire Protection Construction Drawings(with all mains,branches and heads shown and sized
on drawings).
5. Street or site lighting design.
6. Full time on-site construction observation.
7. Providing financial feasibility or other special studies.
8. Providing extraordinary services to investigate existing conditions or facilities or to make measured drawings
thereof.
9. Providing formal life-cycle cost studies of mechanical and/or electrical systems.
10. Providing revisions of drawings, specifications or other documents when such revisions are required by
changes to previously approved design criteria.
11. Providing consultation concerning replacement of any work damaged by fire or other causes during
construction.
12. Providing professional services made necessary by the delault of the contractor or by major defects in (lie
work of the contractor in the performance of the Construction Contract.
13. Providing services or special consultants for other than the normal mechanical,electrical and plumbing
engineering services for the Project.
14. Preparing to serve or serving as an expert witness in connection with any public(tearing,or legal proceeding
where HEI is not a named party to such a hearing or proceeding.
NOTICE TO OWNER
Page 5 o f S
r,..... FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO
COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY
WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429,RSMO. TO AVOID THIS
RESULT,YOU MAY ASK THIS CONTRACTOR FOR"LIEN WAIVERS"FROM ALL PERSONS SUPPLYING
MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN
WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND NIATERIAL TWICE.
The Client hereby agrees, to the fullest extent permitted by law, to indemnify and hold HEI harmless from any
claim, liability or cost, including reasonable attorney's fees and cost of defense, far injury or loss arising or
allegedly arising from AEI's failure to perform a service listed above and excluded at the Client's direction.
C. Length of Contract: This contract shall be in force for a period of 12 months, At the end of the term HEI reserves
the right to make modifications to the terms of this agreement, and extend the contract an additional t2 months
upon agreement of both parties. If negotiations of modified terns are underway, (his contract shall continue under
the existing terms until either new terms are agreed upon,or negotiations cease. Either party may stop negotiations
at any point.
D. Verification of Existing Conditions: Because evaluation of the existing structure or site requires that certain
assumptions be made regarding existing conditions, and because some of these assumptions cannot be verified
without expending additional sums of money or destroying otherwise adequate or serviceable portions of the
building,the Client agrees to indemnify and hold HEI harmless from and against any and all damage, liability and
cost arising or allegedly arising out of the professional services under this Agreement, except for the sole
negligence or willful misconduct of HEL HEI shall not be required to sign any documents, no matter by whom
requested, that would result in HE] having to certify, guarantee or warrant [lie existence of conditions whose
existence HEI cannot ascertain.
E. Betterment: If, due to the Engineer's error, any required item or component of the project is omitted from the
Construction Documents produced by HEI, HEI's liability shall be limited to the difference between the cost of-
adding the item at the time of discovery of the omission and the cost had the item or component been included in
the construction documents. In no event will HEI be responsible for any cost or expense that provides betterment,
upgrade or enhancement of the project.
F. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless HEI, his or
her officers, directors, employees, agents and subconsultants from and against all damage, liability and costs,
including reasonable attorney's fees and cost of defense, to the extent caused by the performance of the services
under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or
willful misconduct of HEI or HEI's consultants
G. Limitation of Liability: In recognition of the relative risks and benefits of the project to both the Client and HEI,
the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability
of HEI and their subconsultants to the Client and to all construction contractors and subcontractors on the project
for any and all injuries,claims, losses,expenses,damages of any nature whatsoever or claims expenses arising out
of this agreement from any cause or causes, so that the total aggregate liability of HEI and their subconsultants to
all those named shall not exceed I-IEI's total fee for services rendered on this project. Such claims and causes
include,but are not limited to design professional's negligence,errors,.omissions, strict liability,breach of contract
or breach of warranty.
H. Jobsite Safety: Neither the professional activities of HEI, nor the presence of his or her employees and
subconsultants at a construction site, shall relieve the Contractors and any other entity of their obligations, duties
and responsibilities including,but not limited to,construction means,methods,sequence,techniques or procedures
necessary for performing or coordinating all portions of the Work of construction in accordance with the contract
documents and any health/safety precautions required by regulatory agencies. HEf and their personnel have no
authority to exercise any control over any contractor or other entity or their employees in connection with their
work or any health/safety precautions. Tile Client agrees that the Contractor is solely responsible fix-jobsite safety,
and warrants that this intent shall be made evident in the Client's agreement with the General Contractor. The
Client also agrees that the Client, HEI and HEI's consultants shall be indemnified and shall be made additional
insureds under the General Contractor's general liability insurance policy.
L Hazardous Materials: Both parties acknowledge that HEI's scope of services does not include any services
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related to asbestos, hazardous or toxic materials. In the event HEI or any other party encounters asbestos or
hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be
present at the jobsite or any adjacent areas that may affect the performance of HEI's services, HEI may, at their
option and without liability for consequential or any other damages,suspend performance of services on the project
until the Client retains appropriate specialist consultants or contractors to identify, abate and/or remove the
asbestos, hazardous or toxic materials and warrant that the jobsite is in full compliance with applicable laws and
regulations. HEI is not responsible for any claims resulting from the existence, discovery, or for the removal of
hazardous materials or additional costs the removal will necessitate.
J. Information Provided by Others: HEI shall indicate to the Client time information needed for rendering of
services hereunder. The Client shall provide to HEI such information as is available to the Client and the Client's
consultants and contractors, and HEI shall be entitled to rely upon the accuracy and completeness thereof. The
Client recognizes that it is impossible for HEI to assure the accuracy, completeness and sufficiency of such
information,either because it is impossible to verify, or because of errors or omissions which may have occurred in
assembling the information the Client is providing. Accordingly, [lie Client agrees to indemnify and hold HEI and
HEI's subconsultants harmless from any claim, liability or cost Ihr injury or loss arising or allegedly arising From
errors,omissions or inaccuracies in documents or other information provided by the Client to HEI.
K. Opinions of Probable Costs: In providing opinions of probable cost, the Client understands that HEI has no
control over costs or the price of labor,equipment or materials,or over the Contractor's method of pricing,and that
the opinions of probable construction costs provided herein are to be made on the basis of HEI's qualifications and
experience. HEI makes no warranty,expressed or implied,as to the accuracy of such opinions as compared to bid
or actual costs. HEI shall be compensated as Additional Service, as provided for herein, for all time spent to
review,redesign and to incorporate revisions due to probable costs.
L. Value Engineering: If the Client retains the services of a Value Engineer(VE) or allows the General Contractor
or any of his or her subcontractors to function as a VE to review the Construction Documents prepared for this
project by HEI, it shall be at the Client's sole expense and shall be performed in a timely manner so as not to delay
the orderly progress of HEI's services. All recommendations of the VE shall be given to HEI for their review,and
adequate time will be provided for HEI to respond to these recommendations. REl shall be compensated as
Additional Service, as provided for herein, for all time spent to review the recommendations of the VE and to
incorporate those accepted by both the Client and HEI. If HEI objects to any recommendations made by the VE,
1-1131 shall so state in writing to the Client, along with their reasons for objecting. it the Client insists on
incorporating in the Construction Documents any changes to which FIEI has objected in writing, the Client agrees
to indemnify and hold HEI harmless from any damage, liability or cost which arise in connection with or as a result
of the incorporation of such design changes insisted upon by the Client..
M. Unauthorized Changes: In the event the Client consents to, allows, authorizes or approves of changes to the
Construction Documents, and these changes arc not approved in writing by HEI, file Client recognizes that such
changes and the results thereof are not the responsibility of HEL Therefore, the Client agrees to release HEI from
any liability arising from the construction, use or result of such changes. In addition, the Client agrees to
indemnify and hold HEI harmless from any damage, liability or cost arising from such changes, except only those
damages,liabilities and costs arising from the sole negligence or willful misconduct of HEI.
N. Construction Phase Services: It is understood and agreed that HEI's Basic Services under this Agreement do not
include exhaustive project observations or reviews of the Contractor's performance or any other construction phase
services, and that such services will be provided by the Client. The Client assumes all responsibility for
interpretation of the Contract Documents and for construction observation and supervision and waives any claims
against HEI that may be in any way connected thereto.The Client agrees to indenmify and hold HEI harmless from
any loss, claim or cost arising or resulting From the perfammancc of such services by other persons or entities and
from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to
the Contract Documents to reflect changed field or other conditions, except for claims arising from the sole
negligence or willful misconduct of HEI.
O. Changed Conditions: The Client shall rely on HEI's judgament as to the continued adequacy of this Agreement in
light of occurrences or discoveries that were not originally contemplated by or known to HEL Should HEI call for
contract renegotiation, HEI shall identify the changed conditions necessitating renegotiation and HEI and the
Client shall promptly and in good faith enter into renegotiation of this Agreement. If tenns cannot be agreed to,the
patties agree that either party has the absolute right to terminate this Agreement.
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P. Defects in Service: The Client shall promptly report to HEI any defects or suspected defects in I-IEFs work or
services of which the Client becomes aware,so that HEI may take measures to minimize the consequences of such
a defect. The Client warrants that he or she will impose a similar notification requirement on all contractors in his
or her Clicnt/Contractor contract and shall require all sub-contracts at any level to contain a like requirement.
Failure by the Client, and the Client's contractors or subcontractors to promptly notify HEI, shall relieve HEI of
the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given.
Q. Dispute Resolution: Any claims or disputes between the Client and HEI arising out of the services to be provided
by HEI or out of this Agreement shall, as a condition precedent to litigation, be submitted to non-binding
mediation. The Client and HEI agree to include a similar mediation agreement with all contractors,subcontractors.
subconsultants, suppliers and fabricators, providing for mediation as the primary method for dispute resolution
among a0 parties.
R. Termination of Services: This Agreement may be terminated at any time by either party should the other party
fail to perform its obligations hereunder. In the event of termination for any reason whatsoever, the Client shall
pay HEI for all services rendered to the dale of the termination, and all reimbursable expenses incurred prior to
termination and reasonable termination expenses incurred as a result of termination.
6. TERMS AND CONDITIONS FOR THE COLLECTION OF PROFESSIONAL SERVICE FEES
A. Interest: If payment is not received by HEI within 30 calendar clays of the invoice date, the Client shall pay as
interest an additional charge of one-and-one-half(1.5) percent (or the maximum allowable by law, whichever is
lower) of the PAST DUE amount per month_ Payment thereafter shall first be applied to accrued interest and then
to the unpaid principal.
B. Collection Costs: In the event legal action is necessary to enforce the payment provisions of this Agreement,HEI
shall be entitled to collect from the Client any judgment or settlement sums due, reasonable mttmneys' fees, court
costs and expenses incurred by PlEf in connection therewith and, in addition, the reasonable value of HEI's time
and expenses spent in connection with such collection action, computed at HEI's prevailing fee schedule and
expense policies.
C. Suspension of Services: If the Client fails to make payments when due or otherwise is in breach of this
Agreement, HEI may suspend performance of services upon five(5) calendar days' notice to the Client. MEI shall
have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any
breach of this Agreement by the Client.
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7. EXTENT Or AGREEMENT
This proposal represents the entire agreement between the Client and HENDERSON ENGINEERS, INC. and
supersedes all prior negotiations, representations or agreements, whether written or oral_ This agreement may be
amended only by written instrument signed by both the Client and HENDERSON ENGINEERS, INC. Please review
this proposal, sign and return one copy to HENDERSON ENGINEERS, INC. We look forward to working with you on
this project.
This proposal is valid for a period of 30 calendar days. If HEI's involvement in the design of the project has not started
within 6 months of the date of a signed agreement,HEI reserves the right to modify the fee.
HEI cannot commence work on this project without a signed agreement between HEI and the Client in place.
If it is the Client's desire to use HEI and work needs to commence prior to having a signed agreement in place, the
statement of intent, signed by the Client and HEI, and may be used to release HEI to start on the project. Should a final
agreement between HEI and the Client not be reached, the Client agrees to pay HEI for their work on the project at the
hourly rates and under the terms and conditions contained in this proposal plus any expenses incurred.
Acceptance without signature provision: The terms and conditions of this agreement shall be effective upon
commencement of services whether or act this contract has been signed
05(1312010
M.Drew Rimmer,Vice President Date
HENDERSON ENGINEERS, INC.
I have read-the a o agreement and accept the !eons and conditions stated herein:
ForCiVof efferson City,Missouri Date
APPR TO FO
City Caun o