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<br />8, DEfiNITIONS: .
<br />"Construdion Cost" is defined as total cost of the proiect including labor, material and equipment furnished, '
<br />by the OWNER, but excluding cost of engineering, land, and administration. Construction cost shall be actual
<br />cost, or lowest bona fide bid, or ENGINEEWS estimate, in that order of preference. Compensation bosed upon
<br />ENGINEER'S estimate of construction cost will be adjusted to conform to bid or actual costsr when available.
<br />"Salary Cost" is defined as cost of salaries of engineers, architects, draftsmen, stenographers, surveymen,
<br />derks, laborers, etc., directly chargeable to praieet, plus 20% payroll burden for social security contributions,
<br />unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, sick leave,
<br />vocation, and holiday pay applicable therefo, and shalf include "cost" of services of key supervisory personnel
<br />and consultants at imputed rates regularly used by ENGINEER for this purpose.
<br />
<br />9, COOPERATION OF OWNER:
<br />OWNER shall make available to ENGINEER all available information pertinent to this project.
<br />
<br />10. OWNERSHIP OF DOCUMENTS,
<br />All documents prepared by the ENGINEER remain property of ENGINEER as instruments of service. OWNER
<br />may at his expense retain reproducible copies for use solely in connection with project.
<br />
<br />11, ARBITRATION Of DISPUTES,
<br />Should any dispute arise as to provisions of this agreement or obligations of parties thereunder OWNER
<br />and ENGINEER shall submit such dispute to arbitration.
<br />
<br />12. RESPONSIBILITIES,
<br />Neither OWNER nor ENGINEER shall assign, sublet or Iransfer his interest in this agreement without written
<br />consent of other.
<br />ENGINEER wiH endeavor to protect OWNER against defects and deficiencies in work of contractors, but con-
<br />tractors shall be solely responsible for performance and satisfacfory completion of project. ENGINEER agrees
<br />to use his best efforts hereunder but he shall not be required to guarantee performance and satisfactory com- I
<br />pletion of project nor bear any financial responsibility for claims arising hereunder, such responsibilities being
<br />.solely those of the contractors. ENGINEER shall furnish to OWNER cost estimates as required herein, but ENGI-
<br />NEER shall not be required to guarantee accuracy of these estimates.
<br />
<br />13, ADDITIONAL PROVISIONS: It is understood th~t: The Preliminary Report dated April 196~
<br />
<br />prepared by Isom Hale and Assoc., shall be utilized to the greatest extent
<br />possible. Should supplementary preliminary data be necessary or should the
<br />Owner find it desirable to make changes in the aforementioned preliminary
<br />report, the Engineer shall perform the necessary preliminary engineering
<br />work. In such event, the Engineer shall be paid for the additional prelimin-
<br />ary engineering work on the basis of Salary Cost X 2.0. However, it is
<br />agreed that the Engineer will not undertake additional preliminary work
<br />
<br />W}J~mlJ the approval of the Owner. Pcopo,.d nod ag,..d to,
<br />
<br />Title Mayo....
<br />
<br />LOCKWOOD, ANDREWS & NEWNAM,
<br />?Sulting Engjne~,
<br />
<br />~~, 1}.
<br />
<br />Vice Preside
<br />
<br />INC
<br />
<br />CITY OF SAN MARCOS, TEXAS
<br />
<br />~ J;:'~
<br />
<br />By
<br />
<br />TitJeo_
<br />
<br />Dale~st 12. 1966
<br />
<br />Dat.~st 8, 1966
<br />
<br />ATTEST: .
<br />,C\~\, '/ t.; fV:ri}(!:"L ," < .;
<br />\]:ill lC I-"J{'j' ii~;(' /': .;tCo..,
<br />DorothYO.~orrell
<br />City Se~yry
<br />
<br />I
<br />
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