1984-07-18 Regular Meeting of La Porte City Council

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project-related items addition to those required un~ Section 1; expenses of photographic production techniques; and, if authorized in advance by OWNER, overtime work requiring higher than regular rates: Where compensation for Basic Services is on the basis~of Direct Labor Costs or Payroll Costs times a factor, Reimbursable Expenses shall include the amount billed to ENGINEER by special consultants employed by.ENGINEER (other than as an'authorized Add- itional Service under Section 2) for such consultants services and Reimbursable Expenses times a factor of 10 %, and shall also include expenses incurred for computer time and other highly specialized equipment,.including an appropriate charge for previously established programs and expenses of photographic production techniques times a factor of 10 %. SECTION S - MISCELLANEOUS 5:1. REUSE OF DOCUMENTS All documents including Drawings and Specifications prepared by ENGINEER pursuant.: to this Agreement are instruments of service d.n respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any .other project. Any reuse without written verification or adaptation by ENGINEER for the spec if is purposes intended will be at OWNER's'sole risk and without liability or legal exposure to ENGINEER; and OWNER shall indentify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates fo be agreed upon by OWNER and ENGINEER. 5.2. OPINIONS OF COST Since ENGINEER has no control over the cost of labor, materials, equipment . or services furnished. by others, or over the Contractor(s) methods of determining prices, or over competitve bidding or market_conditioris:, his opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of his experince and qualif ications and represent his best judgment, as and experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding or Negotiating Phase OWNER 'wishes greater assurance as to Project or Construction Cost he shall employ an independent cost estimator as provided in paragraph 3.2. Engineering services to modify the Contract Documents to bring the Construction Cost within any limitation established by OWNER will be considered• Additional Services and paid for as such by OWNER. 5.3. LATE PAYMENT If OWNER fails to make any payment .due ENGINEER for services and-expenses within sixty days after receipt of ENGINEER's bill therefor, the amounts due ENGINEER shall include a charge at the rate of 1% per month from said sixtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. 5.4. TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered to the date of termination, all Reimbursable Expenses and termination expenses. Page 9 of 13