04141969 Regular Meeting - Laserfiche WebLink

Home Browse Search

'-. I 8. DEFINITiONS: "Construction CostU is defined as total cost of the project including lobor, material and equipment furnished by the OWNER, but exclvding cost of engineering, iand, and administration. Construction cost sholl be actual cost, or lowest bona fide bid, or ENGINEER'S estimate, in that order of preference. Compensation based upon ENGINEER'S estimate of construction cost will be adjusted to conform to bid or actual costs, when available. "Salary Cost" is defined or:. cost of salaries of engineers, architects, draftsmen, stenogropners, surveymen, clerks, laborers, etc., direc!ly chargecble to project, plus 20% payroll burden for social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, i'etii'ement benefits, sick leave, vacation, and holiday pay applicable thereto, and shall include /least" of sei'vices of key supei'Yisory pei'sonnel and consultants at imputed rates regularly used by ENGINEER for this pUi'pose. 9. COOPERATION OF OWNER: OWNER shall make available to ENGINEER all available infor'mation pertinent to this project. 10. OWNERSHIP OF DOCUMENTS, All documents prepar'ed by the ENGINEER remain proper'ty of ENGINEER as instruments of service, OWNER may at his expense retain reproducible copies for use solely in connection with pi'oiect. I 11. ARBiTRATION OF DISPUTES, Should any dispute a/'ise as to provisions of this agreement or obligations of parties thereundet OWNER and ENGINE~R shail submit such dispute to arbitration. 12. RESPONSIBILITIES, Neither OWNER nor ENGINEER shall assign, sublet or transfer his i'ntei'est in this agreement without written consent of oth€'i'. ENGINEER will e{ldeavor to protect OWNER against defects and deficiencies in work of contr'actors, but con- tractors shall be solely responsible for performance and satisfactory completion of project. ENGINEER agrees to use his best efforts hereunder' but he snall not be required to guarantee performance and satisfactoi'Y com- pletion of project nor bear any financial i'esponsibiJity for claims arising hereunder, such responsibilities being solely those of the contractors. ENGINEER shall furnish ~c OWNER cost estimates as reqvited herein, blJt ENGI- NEER shall not be required to guarantee accuracy of these e.stimotes. 13. ADD\1\ONAL PROVISIONS: It is understood that: Preliminary studies and reports will be submitted to the Owner with- in 60. days after approval of this Agreement by Owner. Any unpaid balance of payment due under this contract shall accrue interest~ the rate of 8.5% per annum, beginning 90 days after submittal and acceptance of the preliminary Report. ACCEPTED; Proposed and agreed to, City of San Marcos _/- (Ow,,,) /" ... ~ -~~. /1 By/" '>-S/C/?~~.r.____ lOCKWOOD, ANDREWS & NEWNAM, Consulting Engine~~ ~X/Y!~M INC. By P.E. Title Mayor Title Chief, Victoria Division Date April 14, 1969 Oat. April 14, 1969 I