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1991 - 11-18-91 Regular Meeting
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1991 - 11-18-91 Regular Meeting
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Minutes
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Board of Commissioners
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Sf ni~ ® Y <br />SEC'T'ION 4-lTRIOD 01: SERVICE OWNER fur final acceptance, plus such additional time <br />as may be considered reasonable for obtaining approval <br />of governmental authorities having jurisdiction over <br />design criteria aurlicable to the Proiec(. <br />4.1. The provisions of this Section 4 and the various <br />rates of compensation for ENGINEER's services pro- <br />vided forelsewhcre in this Agreement have been agreed <br />to in anticipation of the orderly and continuous pit 9- <br />less of Illy Project Ih ro Ugh co In ple(ion of I he CoI1S11'llc- <br />lion Phase. ENGINIiEK's obligation to render services <br />hereunder will extend for a period which may Icast n- <br />ably be required for the design, award of contracts and <br />construction of the 11n(iecl including extra work and <br />required extensions thereto. <br />4.2. 'flee services called fur in the Study and Report <br />Phase will be completed and the Repurl subunitlcd <br />within the stipulated period indicated in paragraph 2 <br />of EXhibi(A "Further Description of Basic Engineering <br />Services and Related Matters" after authorization to <br />proceed with that phase of services. <br />4.3. After acceptance by OWNER of the Study and <br />Report phase documents indicating any specific mod- <br />ifications or changes in Ilse extent of the I'roiecl desired <br />by OWNER, and upon written authorization from <br />OWNER, ENGINEER shall procccd with the lierfot- <br />mance of the services called for in the Preliminary <br />Design Phase, and shall submit preliminary design doc- <br />umcnls and a tcvised opinion of probable I'toiccl (lost <br />within the slipulmed period indicated in paragraph 3 <br />of Exhibit A "Further Description of Basic Engineering <br />Services and Related Matters" after authorization to <br />proceed with that phase of services. <br />4.4. After acceptance by OWNER of tile Pieli'llinalY <br />Design Phase documents and revised opinion of Poll` <br />able Project Cost, indicating any specific modifications <br />or changes in the extent of the Project desired by <br />OWNER, and upon whiten authorization from <br />OWNER, ENGINEER shall procccd with the perfor- <br />mance of the services called fur in the Final Design <br />Phase; and shall deliver Conlract Documents and a <br />revised opinion of probable project Cos( for all work <br />of Contractor(s) on the project within the stipulated <br />period indicated in paragraph 4 of Exhibit A "Further <br />Description of Basic Engineering Services and Related <br />Matters" after authorization to procccd with Ihel ph:1se <br />of services. <br />4.5. FNGI N 131; R's services tinder the Study ;111(1 Re- <br />po.I'hase, I'rclintinary Design I'hase and Final Design <br />Phase sha11 each be considered complete ;1( tile C;1lliC1 <br />of (1) the dale when the submissions lot thal phase <br />have been accepled by OWNER or (2) IhOy days alter <br />the dale when such submissions arc delivered to <br />4.6. Aher acceptance by OWNER of the ENGI- <br />NE13R's Drawings, Specifications and other Final De- <br />sign Phase doctnnenlation including the most recent <br />opinion of probable Project Cos( and upon written au- <br />thorization to proceed, ENGINEER shall proceed with <br />performance of the services called fur in the Bidding <br />of Negolialing Phase. This Phase.shall terminate and <br />the services to be rendered thereunder shall be consid- <br />ered complete upon commencement of the Construc- <br />tion Phase or upon cessation of the negotiations with <br />prospective Contractor(s) (except as may be otherwise <br />required to complete the services called for in para- <br />graph 6.2.2.5). <br />4.7. The Construction phase will commence with the <br />execution of the first prime contract to be executed for <br />the work of the Project or any part thereof, and will <br />terminate upon written approval by ENGINEER of <br />final payment on the last prime contract to be com- <br />pleted. Construction Phase services may be rendered <br />at dilfercnl times in respect of separate prime contracts <br />if the Project involves more than one prime contract. <br />419. If OWNER has requested significant modificn- <br />(ions or changes in the extent of the project, the time <br />of performance of ENGINEER's services and his var- <br />ious rates of compensation shall be adjusted appropri- <br />ately. <br />4.9. If OWNER fails to give prompt written authori- <br />zation to proceed with any phase of services after com- <br />pletion of the immediately preceding phase, or if the <br />ConslrucliunPhasehasnotcommcncedwithin 6tZ <br />calendar days (plus such additional time as may be <br />required to complete the services called for under para- <br />graph 6.2.2.5) after completion of the Final Design <br />Phase, ENGINEER may, after giving seven days' writ- <br />ten notice to OWNER, suspend services under this <br />Agreement. <br />4.10. If ENGINEER's services for design or during <br />construction of the Project are delayed or suspended <br />in whole or in part by OWNER for nnore than three <br />oowlis for reasons beyond I:NGINEEIt's control, <br />IiNGINFER shall on written demand to OWNER (but <br />wilhou( Icrmination of (his Agrcemenl) be paid as pro- <br />vided in paragraph 5.3.2. If such delay or suspension <br />extends for more than one year for reasons beyond <br />ENGINEER's cunlrol, or if ENGINEER for any rea- <br />son is required to render services more than one year <br />Page 7 of 20 -pages <br />
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