Agenda - Council - 05/17/1982 - Special

Home

I I I I I I I m i I I I I I I I I The Owner and Engineer further agree to the following conditions: A. Termination: This Agreement may be termtnted by either party for any reason by seven {7) days' written notice in which case the Engineer shall be paid for services performed to the date of termination, including reimbursements then due, plus terminal expense, but less reasonable costs for necessary corrections. B. Arbitration: Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and shall be in accordance with rules of the American Arbitration Association. This Agreement shall be specifically enforceable under the prevailing arbitration law and Judgement upon the award rendered may be entered in the court of the forum, state or federal, having Jurisdiction. The decision of the arbitrators shall be a condittbn to the right of any legal action. C. Ownership of Documents: The completed tracings and master specifica- tion sheets shall remain the property of the Engineer and reproduc- tions of them in whole or in part shall not be used on additions to the Project or on any other project except upon written agreement with the Engineer. With respect to any Project in progress at the time of termination, the Engineer shall provide the Owner with copies of any plans, specifications or documents necessary for completion of said Project. The Owner shall pay the Engineer reasonable cost for making said copies. Successors and Assigns: This Agreement and all of the covenants thereof shall inure to the benefit of and be binding upon the Owner and the Engi- neer respectively and his partners, successors, assigns and legal repre- sentatives. Neither the Owner nor the Engineer shall have the right to assign, transfer or sublet its interest or obligations hereunder without written consent of the other party. Special Provisions: The Owner and the Engineer mutually agree that this Agreement shall be subject to the following Special Provisions which shall supersede other conflicting provisions of this Agreement. A. The Engineer shall furnish copies of design calculation sheets as required and shall be reimbursed for copying cost. B. Record (AsJbuilt) Drawing shall be furnished to the Owner within ninety (90) days after completion of each project. Final payment will be made only after record drawings are received by the Owner. C. All Change Orders shall be approved by the City Council before they are issued to the Contractor. No Change Orders which substantially change the scope of the project shall be issued unless approved by the Owner. O. The Engineer shall furnish grade and alignment staking when directed for the Project, and shall be paid at the rates set forth in Section 6A or 6B of this agreement. E. The' Engineer shall furnish full-time resident inspection of the pro- Ject as directed by the Owner. All personnel assignments for inspec- tion shall be subject to the approval of the Owner. Compensation for inspection personnel shall be made at hourly rates times the multi- plier as set forth in Section 6A or 6B of this agreement. 7