HomeMy WebLinkAbout02) Agreement with Jacobi, Toombs & Lanz
10TH STREET IMPROVEMENT PROJECT
AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL-SERVICES
This AGREEMENT entered into this 13~day of }/Ol)2M8rsfl.; 1995, by and between the
Board of Public Works and Safety, Jeffersonville, Indiana, hereinafter called the OWNER, and
Jacobi, Toombs and Lanz, Inc., a firm of Professional Engineers, hereinafter called the
ENGINEER.
. WITNESSETH
Whereas the Owner intends to lmplement the reconstruction of the 10th Street
Improvement Project, which includes Preliminary studies, survey, design, plans, specifications,
utilities, and other items, and the project shall be known as:
10TH STREET IMPROVEMENT PROJECT
JOB NO. 9521
the OWNER and the ENGINEER in consideration of their mutual covenants herein agree in .
respect to the performance of Professional Engineering services by the ENGINEER and payment
by OWNER, as set forth below.
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The ENGINEER shall serve as the OWNER'S professional engineering representative in those
phases of the Project to which this Agreement applies, and will give consultation and advice to
OWNER during the performance of his services.
SECTION 1 - BASIC SERVICES OF T1IE ENGINEER
1.1 General
1.1.1 The ENGINEER shall perform professional services as hereinafter stated which
include normal civil engineering services, incidental thereto, in the project area.
1.2 Preliminary Study and Report Phase
. After authorization to proceed, the ENGINEER shall:
1.2.1 Consult With the OWNER to confirm his requirements for the Project and Review
available data.
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1.2.2 Advise the OWNER as to the necessity of his providing or obtaining from others
data and services of the types described in paragraph 3.3, and act as OWNER'S
representative in connection with any such services.
1.2.3 Provide special analyses of the OWNER'S needs, planning surveys, site
evaluations and comparative studies of prospective sites and solutions.
1.2.4 Prepare a map of all the roadway and drainage facilities in the area to be served.
1.2.5 Perform all surveys, designs and estimates for the reconstruction of 10th Street
from Spring Street to Allison Lane including replacement of curb, sidewalk and
paving.
1.2.6 Provide general economic analysis of OWNER'S requirements applicable to
various alternatives.
1.2.7 Prepare a Report with appropriate exhibits indicating clearly the considerations
involved and the alternative solutions available to the OWNER, and setting forth
the ENGINEER'S findings and recommendations with opinions of probable costs.
PreIiminary Design Phase
After authorization to proceed with the Preliminary Design Phase, the ENGINEER shall:
1.3.1 In consultation with the OWNER and on the basis of the accepted Report,
determine the Scope of the Project.
1.3.2 Prepare preliminary design documents consisting of fmal design criteria,
preliminary drawings and outline specifications.
1.3.3 Based on the information contained in the preliminary design documents, submit
a revised opinion of probable cost for the Project including Construction Cost,
contingencies, compensation for all professionals and consultants, cost of land,
rights-of-way and compensation for or damages to properties, all of which are
hereinafter called "Project Costs".
1.3.4 Furnish five copies of the above preliminary design documents and present and
review them in person with the OWNER.
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1.5
Final Design Phase
After authorization to proceed with the Final Design Phase, the ENGINEER shall:
1.4.1 On the basis of the accepted preliminary design documents, prepare for
incorporation in the Contract Documents, Final Drawings to show the character
and scope of the work to be performed by contractors on the Project, hereinafter
called "Drawings", and Specifications.
1.4.2 Furnish to the OWNER such documents, plans, specifications, design data and
estimates as may be required, so that the OWNER may obtain approvals of such
governmental authorities as have jurisdiction over design criteria applicable to the
Project, and assist in obtaining such approvals by participating in submissions to
and negotiations with appropriate authorities.
1.4.3 Advise OWNER of any adjustments to his latest opinion of probable Project Cost
caused by changes in scope, design requirements or Construction Costs and
furnish a revised opinion of probable Project Cost based on the Drawings and
Specifications.
1.4.4 Prepare bid forms, notice to bidders, instructions to bidders, general conditions
and supplementary conditions, and assist in the preparation of other related
documents.
1.4.5 Furnish five copies of the above documents and present and review them in
person with the OWNER.
Bidding or Negotiating Phase
After authorization to proceed with the Bidding Phase, the ENGINEER shall:
1.5.1 Assist OWNER in obtaining bids.
1.5.2 Assist OWNER in placing required notices in the newspaper, opening and
analyzing bids, award of contract and issuing a Notice-to-Proceed.
1.5.3 Consult with and advise OWNER as to the acceptability of subcontractors and
other persons and organizations proposed by the prime Contractor(s), hereinafter
called "Contractors", for those portions of the work as to which such acceptability
is required by the Contract Documents.
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1.5.4 Consult with and advise OWNER as to the acceptability of substitute materials
and equipment proposed by Contractor(s) when substitution is permitted by the
Contract Documents.
1.6 Construction Phase
During the Construction Phase the ENGINEER shall:
1.6.1 Cooperate with the OWNER in the processing of claims, change orders,
inspections and to prep~e "As Built" drawings at the close of construction. Also,.
to prepare necessary "Agency" forms relating to the progress of construction or
other items.
1.6.2 Consult with and advise the OWNER and act as his representative. All of the
OWNER'S instructions to Contractor(s) will be issued through the ENGINEERS
who will have authority to act on behalf of the OWNER, except as provided in
writing.
1.6.3 Make periodic visits to the site to observe, as an experienced and qualified design
professional, the progress of and quality of the executed work and to determine
in general if the work is proceeding in accordance with the Contract Documents.
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The ENGINEER shall not be required to make exhaustive or continuous on..site
inspections to check the quality or quantity of work. He shall not be responsible
for the means, methods, teChniques, sequences or procedures of construction
selected by Contractor(s) or the safety precautions and programs incident to the
work of Contractor(s). His efforts will be directed toward providing assurance
for the OWNER. that the completed Project will conform to the Contract
Documents, but he shall not be responsible for the failure of Contractor(s) to
perform the construction work in accordance with the Contract Documents.
During such visits and on the basis of his on-site observations he shall keep the
OWNER informed of the progress of the work, shall endeavor to guard the
OWNER against defects and deficiencies in the work of Contractor(s) and may
disapprove or reject work as failing to conform to the Contract Documents.
1.6.4
Review and approve Shop Drawings and samples, the results of tests and
inspections and other data which any Contractor is required to submit, but only
for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. He shall determine the
acceptability of substitute materials and equipment proposed by the Contractor(s)
and he shall receive and review (for general content as required by the
Specifications) maintenance and operating instructions, schedules, guarantees,
bonds and certificates of inspection which are to be assembled by Contractor(s)
in accordance with the Contract Documents.
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1.6.5 Issue all instructions of the OWNER to Contractor(s) and prepare routine change
orders as required. He may, as the OWNER ' S representative, require special
inspection or testing of the work.. He shall act as interpreter of the requirements
of the Contract Documents and judge of the performance thereunder by the
parties thereto and shall make decisions on all claims of the OWNER and
Contractor(s) relating to the execution and progress of the work and all other
matters and questions related thereto. The ENGINEER shall not be liable for the
results of any such interpretations or decisions rendered by him in good faith.
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1.6.6 Based on his on-site observations as an experienced and qualified design
professional and on his review of Contractor(s) applications for payment and the
accompanying data and schedules, determine the amounts owing to Contractor(s)
and approve in writing payments to Contractor(s) in such amounts; such approvals
of payment will constitute a representation to the OWNER, based on such
observations and review, that the work has progressed to the point indicated and
that, to the best of his knowledge, information and belief, the quality of the work
is in accordance with the Contract Documents (subject to an evaluation of the
work as a functioning Project upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents,. and to any qualifications
stated in his approval), but by approving an application for payment the
ENGINEER will not be deemed to have represented that he has made any
examination to determine how or for what purposes any Contractor has used the
moneys paid on account of the Contract Price, or that title to any of the
Contractor(s) work, materials or equipment has passed to the OWNER free and
clear of any lien, claims security interests or encumbrances.
1.6.7 Conduct an inspection to determine if the Project is substantially complete and a
final inspection to determine if the Project has been completed in accordance with
the Contract Documents and if each Contractor has fulfilled all of his obligations
thereunder so that the ENGlNEER may approve, in writing, fmal payments to
each Contractor.
1.6.8 The ENGINEER shall not be responsible for the acts or omissions of any
Contractor, any subcontractor or any of the Contractor(s)' or subcontractor's
agents or employees of any other persons (except his own employees and agents)
at the Project site or otherwise performing any of the work of the Project.
SECTION 2 - ADDITIONAL SERVICES OF THE ENGINEER
2.1 General
If authorized in writing by the OWNER, the ENGINEER shall furnish or obtain from others
Additional Services of the following types which are not. considered normal or customary
Basic Services. These will be paid for by the OWNER as indicated in Section 5.
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2.1.1 Preparation of applications and supporting documents for funds in connection with
the Project; preparation or review of environmental assessments and impact
statements; and assistance in obtaining approvals of authorities having jurisdiction
over the anticipated environmental impact of the Project.
2.1.2 Services resulting from significant changes in general scope of the Project or its
design including, but not limited to, changes in size, complexity, the OWNER'S
schedule, or character of construction; and revising previously accepted studies,
report, design documents or Contract Documents when such revisions are due to
causes beyond the ENqINEER'S control.
2.1.3 Providing renderings or models for the OWNER'S use.
2.1.4 Preparing documents for alternate bids requested by the OWNER for work which
is not executed or documents for out-of- sequence work.
2.1.5 Investigations involving detailed consideration of operations, maintenance and
overhead expenses; and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals and valuations; detailed quantity surveys
of material, equipment and labor; and audits or inventories required in connection
with construction performed by the OWNER.
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2.1.6 Furnishing the services of special consultants for other than the normal civil,
structural, mechanical, and electrical engineering such as soil borings or testing
required for design or construction.
2.1.7 Services resulting from the involvement of more than one separate prime contract
for construction or for equipment in excess of that normally required for this
Proj ect.
2.1.8 Services in connection with change orders to reflect changes requested by the
OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered, and services resulting from
significant delays, changes or price increases occurring as a direct or indirect result
of material, equipment or energy shortages.
2.1.9 Services during out-of-town travel required of the ENGINEER other than visits to
the Project site as required by Section 1.
2.1.10
Additional or extended services during construction made necessary Toy (1)
work damaged by fire or other cause during construction, (2) a significant
amount of defective or neglected work of any Contractor, (3) prolongation
of the contract time of any prime contract by more than sixty days, (4)
acceleration of the work schedule involving services beyond normal working
hours, and (5) default by any Contractor.
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2.1.11
2.1.12
2.1.13
2.1.14
Preparation of operating and maintenance manuals; extensive assistance in the
utilization of any equipment or system (such as initial start-up, testing,
adjusting and balancing); and training personnel for operation and
maintenance.
Services after completion of the Construction Phase, such as inspections
during any guarantee period and reporting observed discrepancies under
guarantees called for in any contract for the Project.
Preparing to serve or serving as a consultant or witness for the OWNER in
any litigation, public hearing or other legal or administrative proceeding
involving the Project.
Additional services in connection with the Project, including services
normally furnished by OWNER and services not otherwise provided for in
this Agreement.
2.2 Resident Services During Construction
2.2.1 The ENGINEER shall furnish a Resident Project Representative who will act as
directed by the ENGINEER in order to provide representation at the Project site
during the entire Construction Phase. Such services will be paid for by the OWNER
as indicated in paragraph 5.1.2.4.
2.2.2 The duties and responsibilities and the limitations of the Resident Project
Representative shall be limited to observing and reporting the quantity and quality
of the work to the ENGINEER to enable the ENGINEER, after consultation with the
OWNER, to determine the appropriate-action to be taken, if any.
2.2.3 Through observations of the work in progress and field checks of materials and
equipment by the Resident Project Representative, the ENGINEER shall endeavor
to provide further protection for the OWNER against defects and deficiencies in the
work, but the furnishing of such Resident Project Representation will not make the
ENGINEER responsible for construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or for the Contractor(s)' failure
to perform the construction work in accordance with the Contract Documents.
SECTION 3 - OWNER'S RESPONSmILITIES
the OWNER shall:
3.1 Provide full information as to his requirements for the project.
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3.2 Assist the ENG~ER by placing at his disposal all available information pertinent
to the Project including previous reports and any other data relative to design and
construction of this Project.
3.3 Furnish to the ENGINEER, as required by him for performance of his Basic
Services, data prepared by or services of others, such as core borings, probings and
subsurface explorations, hydrographic surveys, laboratory tests and inspections of
samples, materials and equipment; appropriate professional interpretations of all of
the foregoing; property, boundary, easement, right-of- way, topographic and utility
surveys and property descriptions; zoning and deed restriction; and other special data
or consUltations not covered in paragraph 2.1; all of which the ENGINEER may rely
upon in performing his services.
3.4 Guarantee access to and make all provisions for the ENGINEER to enter upon public
and private property as required for the ENGINEER to perform his services.
3.5 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by the ENGINEER, obtain the advice of an attorney, insurance
counselor and other consultants as he deems appropriate for such examination and
render in writing decisions pertaining thereto within a reasonable time so as not to
delay the services of the ENGINEER.
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3.6 Pay all costs incident to obtaining bids or proposals from contractors.
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3.7 Provide such legal, accounting, independent cost estimating and insurance counseling
services as may be required for the Project, and such auditing services as the
OWNER may require to ascertain how or for what purpose any contractor has used
the moneys paid to him und~rthe construction contract.
3.8 Designate in writing a person to act as the OWNER'S representative with respect to
the work to be performed under this Agreement. Such person shall have complete
authority to transmit instructions, receive information, interpret and define
OWNER'S policies and decisions with respect to materials, equipment, elements and
systems pertinent to the ENGINEER'S services.
3.9 Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
3.10 Submit any required applications prepared by the ENGINEER to all governmental
authorities having jurisdiction over the Project to obtain approval and obtain consents
from others as may be necessary for completion of the Project.
3.11 Furnish, or direct the ENGINEER to provide, necessary Additional Services as
stipulated in Section 2 of this Agreement or other services as required.
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3.12 Bear all costs incident to compliance with the requirements of this Section 3.
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SECTION 4 - PERIOD OF SERVICE
4.1 The provisions of 4.2 through 4.8 inclusive, and the various rates of compensation
for the ENGINEER'S services provided for elsewhere in this Agreement have been
agreed to in anticipation or the orderly and continuous progress of the Project
through completion of the Construction Phase. The ENGINEER'S obligation to
render services hereunder will extend for a period which may reasonably be required
for the design, award .of contracts and construction of the Project including extra
work and required extensions thereto.
4.2 The services called for in S~tion 1.2, Preliminary Study and Report Phase, will be
completed and the Report submitted within 120 calendar days following the
authorization to proceed with that phase of services.
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4.3 After acceptance of the Report by the OWNER, indicating any specific modifications
or changes in scope desired by the OWNER, and upon written authorization from
the OWNER, the ENGINEER shall proceed with the performarice of the services
called for in the Preliminary Design Phase, Section 1.3, and shall submit preliminary
design documents and a revised opinion of probable Project Costs with 90 calendar
days following the authorization to proceed with that phase of services.
4.4 After acceptance by the owNER of the preliminary design documents and revised
opinion of probable Project Costs, indicating any specific modifications or changes
in scope desired by the OWNER, and upon written authorization from the OWNER,
the ENGINEER shall proceed with the performance of the services called for in the
Final Design Phase, Section 1.4, so as to deliver Contract Documents and a revised
opinion of probable Project Costs for all authorized work on the Project within 60
calendar days after the authQrization to proceed with that phase of services.
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4.5 The ENGINEER'S services under the Study and Report Phase, Preliminary Design
Phase and Final Design Phase shall each be considered complete at the earlier (1)
the date when the submission~ for that phase have been accepted by the OWNER or
(2) thirty days after the date when such submissions are delivered to the OWNER
for final acceptance plus such additional time as may be considered reasonable for
obtaining approval of governmental authorities having jurisdiction over design
criteria applicable to the Project.
4.6 After acceptance by the OWNER of the Contract Documents and the ENGINEER'S
most recent opinion of probable Project Cost and upon written authorization to
proceed. The ENGINEER Shall proceed with performance of the services called for
in the BidtIing or Negotiaili!gP~, Section 1.5. This Phase shall terminate and the
services to be rendered thereunder shall be considered complete upon commencement
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of the Construction Phase or upon cessation of negotiations with Contractor(s).
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4.7 The Construction Phase, Section 1.6, will commence with the execution of the first
prime contract to be executed for the work of the Project or any part thereof, and
will terminate upon written approval by the ENGINEER of final payment on the last
prime contract to be completed. Construction Phase services may be rendered at
different times in respect of separate prime contracts if the Project involves more
than one prime contract.
4.8 In the event that the work of the Project is to be performed under more than one
prime contract, the OWNER and the ENGINEER shall, prior to commencement of
the Final Design Phase, develop a schedule for performance of the ENGINEER'S
services during the Final Design, Bidding or Negotiating and Construction Phases
in order to sequence and coordinate properly such services as applicable to the work
under such separate contracts. This schedule is to be prepared whether or not the
work under such contracts is to proceed concurrently and is to be attached as an
exhibit to and made a part of this Agreement, and the provisions of paragraphs 4.4
through 4.6 inclusive, will be modified accordingly.
4.9 If the OWNER has requested significant modifications or changes in the scope of the
Project, the time of performance of the ENGINEER'S services shall be adjusted
appropriately.
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4.10 If the OWNER fails to give prompt written authorization to proceed with any phase
of services after completion of the immediately preceding phase, or if the
Construction Phase has not commenced within 60 calendar days (plus such
additional time as may be required to complete any redesign required by the
construction budget) after completion of the Final Design Phase, the ENGINEER
may, after giving seven days written notice to the OWNER, suspend services under
this Agreement.
4.11 If the ENGINEER'S services for design or during construction of the Project are
delayed or suspended in whole or in part by the OWNER for more than three
months for reasons beyond the ENGINEER'S control, the ENGINEER shall on
written demand to the OWNER (but without termination of this Agreement) be paid
as provided in paragraph 5.3.5 for the services delayed or suspended. If such delay
or suspension extends for more than one year for reasons beyond the ENGINEER'S
control, or if the ENGINEER for any reason is required to render services more
than one year after Substantial Completion, the various rates of compensation
provided for elsewhere in this Agreement shall be subject to re-negotiation.
SECTION 5 - PAYMENTS TO THE ENGINEER
5.1 Methods of Payment for Services and Expenses of the ENGINEER
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5.1.1 Basic Services. The OWNER shall pay the ENGINEER for the Basic Services
rendered under Section 1 on this agreement as follows:
For Section 1.2, Preliminary Study and Report Phase, a Lump Sum Fee of Fifty
Thousand Fifty One Dollars ($50,051.00), which Lump Sum Fee may not be
exceeded except by an amendment to this agreement.
For Section 1.3, Preliminary Design Phase, Section 1.4, Final Design Phase,
Section 1.5, Bidding and Negotiating Phase, and Section 1.6, Construction Phase,
a Lump Sum Fee of Sixty Three Thousand One Hundred and Sixty Four dollars ($
63,164.00), which Lump Sum Fee may not be exceeded except by an amendment
to this agreement.
5.1.2 Additional Services. The OWNER shall pay the ENGINEER for Additional
Services rendered under Section 2 as follows:
5.1.2.1
5.1.2.2
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5.1.2.3
5.1.2.4
General. For Additional Services rendered under paragraphs 2.1.1
through 2.1.6, inclusive (except services covered by paragraph 2.1.7
and services as a consultant or witness under paragraph 2.1.15), on
the basis of a Lump Sum or agreed Hourly Rate amendment to this
contract.
Special Consultants. For services and reimbursable expenses of
special consultants employed by the ENGINEER pursuant to
paragraphs 2.1.7 or 2.1.16, the amount billed to the ENGINEER
therefor times a factor of 1.15 .
Serving as a~itness. For the services of the principals and
employees as consultants or witnesses in any litigation, hearing or
proceeding in accordance with paragraph 2.1.15, at the rate of $600
per day or any portion thereof (but compensation for time spent in
preparing to appear in any such litigation, hearing or proceeding will
be on the basis provided in paragraph 5.1.2.1).
Resident Project Services. For inspection services during
construction under paragraph 2.2.1, on the basis of a Lump Sum Fee
of Thirty Eight Thousand dollars ($38,000.00).
5.1. 3 Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1
and 5.1.2, the OWNER shall pay the ENGINEER the actual' costs of all
reimbursable expenses incurred in connection with all Basic and Additional Services.
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5.2
Times of Payment
5.2.1 The ENGINEER shall submit. monthly statements for Services rendered and for
reimbursable expenses incurred. When compensation is on the basis of a Lump
Sum, the statements will be based upon the ENGINEER'S estimate of the proportion
of the total services actually completed at the time of billing. The OWNER shall
make prompt monthly payments in response to the ENGINEER'S monthly
statements.
5.2.2 Where compensation for Basic Services is on the basis of a Lump Sum, the OWNER
shall, upon the conclusion of each phase of Basic Services pay such additional
amount, if any, as may be necessary to bring the total compensation paid on account
of such phase to the following amounts of total compensation for all phases of Basic
Services:
Phase
Amount Earned
Preliminary Study & Report
Preliminary Design
Final Design
Bidding or Negotiating
Construction Management
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Sub Total
$ 50,051
$ 20,452
$ 17,165
$ 4,000
$ 21.547
$ 113,215
$ 38.000
$ 151,215
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Inspection
Total
5.3 General
5.3.1 The percentage of construction cost method shall not be used as a basis for
compensation in this Agreement.
5.3.2 The payroll cost method shall not be used as a basis for compensation in this
agreement.
5.3.3 Reimbursable expenses mean the actual expenses incurred directly or indirectly in
connection with the Project for: transportation and subsistence incidental thereto;
and similar Project-related items in addition to those required under Section 1; and,
if authorized in advance by the OWNER, overtime work requiring higher than
regular rates.
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5.3.4 If the OWNER fails to make any payment due the ENGINEER for services and
expenses within sixty days after receipt of the ENGINEER'S bill therefor, the
amounts due the ENGINEER shall include a charge at the rate of 1 % per month
from the sixtieth day, and in addition the ENGINEER may, after giving seven days
written notice to the OWNER, suspend services under this Agreement until he has
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paid in full all amounts due him for services and expenses.
5.3.5 If this Agreement is termin~ted by the OWNER upon the completion of any phase
of Basic Services, progress payments-due the ENGINEER for services rendered
through such Phase shall constitute total payment for such services. If this
Agreement is terminated by the OWNER during any phase of Basic Services, the
ENGINEER will be paid for services rendered during that phase on the basis of the
percentage of completion of that phase. In the event of any termination, the
ENGINEER will be paid for all unpaid Additional Services and unpaid reimbursable
expenses, plus all te~ation expenses. Termination expenses mean reimbursable
expenses directly attributable to termination.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Termination
This Agreement may be terminated by either party upon seven (7) days written notice
should the other party fail substantially to perform in accordance with its terms.
In the event of termination, due to the fault of someone other than the Engineer, the
Engineer shall be paid for services. then due.
If the O\\1fier.. shall termi~ate. the senTices h~rein meI1tioned, the Engineer shall stop work,
in which case the Owner shall pay th~ Engineer such sum as may be fair and reasonable on
account of services already performed by the Engineer including reimbursements then due,
in which case the Engineer shall receive said sum in full satisfaction and settlement of all
claims...or d.e.... mands whi.. ..c. h..... the . Enginee.r.... may have against the Owner, and incase of
- ..termina.tion of this agreement..as is provided in this paragraph neither party shall after
payment of such sum have any further rights hereinunder.
6.2 Reuse of Documents
All documents including Drawings and Specifications furnished by the ENGINEER pursuant
to this Agreement are instruments of his services in respect of this Project. They are not
intended or represented to be suitable for reuse by the OWNER or others on extensions of
the Project or on any other project. Any reuse without specific written verification or
approval by the ENGINEER will be at the OWNER'S sole risk and shall constitute a
violation of the ENGINEER'S copyright. Such reuse shall be without liability or legal
exposure to the ENGINEER from. all claims, damages, losses and expenses including
attorneys fees arising out of or resulting therefrom. Any such verification or approval will
entitle the ENGINEER to further compensation at rates to be agreed upon by the OWNER
and the ENGINEER.
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6.3 Estimates of Cost
6.3.1 Since the ENGINEER has 'no control over the cost of labor, materials or
equipment, or over the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions, his opinions of probable Project Cost
provided for herein are to be made on the basis of his experience and qualifications
and represent his best judgment as a design professional familiar with the
construction industry, but the ENGINEER cannot and does not guarantee that
proposals, bids or the Project Cost will not vary from opinions of probable cost
prepared by him. If pnor to the Bidding or Negotiating Phase, the OWNER wishes
greater assurance as to the Project Cost, he shall employ an independent cost
estimator as provided in paragraph 3.8 .
6.3.2 A Project Cost limit or Construction Cost limit shall not be established as a
condition to this agreement, but the ENGINEER will use all reasonable care and
effort to produce a design within the OWNER'S budget.
6.4 Successors and Assigns
The OWNER and the ENGINEER each binds himself and his partners, successors,
executors, administrators and assigns to the other party of this Agreement and to the
partners, successors, executors, administrators and assigns of such other party, in respect
to all covenants of this. Agreement; except as above, neither the OWNER nor the
ENGINEER shall assign, sublet or t:ulnsfer his interest in this Agreement without the written
consent of the other. Nothing herein shall be construed as creating any personal liability
on the part of any officer or agent of any public body which may a party hereto, nor shall
it be construed as giving any rights or benefits hereunder to anyone other than the OWNER
and the ENGINEER.- - - .... . .
SECTION 7 - SPECIAL PROVISIONS
The OWNER and the ENGINEER agree that this Agreement is subject to the following
special provisions which together with the provisions hereof and the exhibits and schedules
hereto represent the entire Agreement between the OWNER and the ENGINEER; and that
they may be altered, amended or repealed by a duly executed written instrument.
7.1 The services of a Resident Project Representative are hereby agreed to and
authorized in accordance with Paragraph 2.2.
7.2 The ENGINEER is authorized to arrange for the service of a soils consultant as
needed for design or construction.
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FN:9S21/CONTRACT.WPD
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IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the
day and year first above written.
OWNER:
City of Jeffersonville, Indiana
~PUbliC Works and Safety
~9-Q~~ -
~ond 1. Parker, Jr., President
uJ.;;{~
Harold W. Lakeman, Member
~~ n1d~
es Marra, Member
Of 15 pages, this is page 15
FN:9S21/CONTRACT.WPD