R2018-78 Approve Preliminary Engineering services Agreement and Appropriate MFT Funds for Tyalor Road - Ward Branch & W Main - Stevens Creek Bridges CP 2018-05

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expenses will be reimbursed to the ENGINEER at his aGtUal GGSt. Subjert te the appr4aval of the I=A, the ENGINEER ma-y sublet all 9F paFt of the seNiGes pmvided under the paFagFaph 1 b, Ir., 1d, le, if, 1 h, 4j & 1 kffi If the ENGINEER sublets a4 9F part of this work, the I=A Will pay the GGSt tG the ENGINEER plus a five (5) peFGeRt se!A4Ge GhaFge. SEE ADDENDUM "Cost to Engineer"to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser=salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed ' a. UPOR GOMpletien of detailed plans, speGial pmvisions, praposals and estimate of Gast being the wpFk Fequii:e4-by nt of b. "a" the tetal fee due under the AGAraPAPIT h;;c;pd en the awaFded GGntraGt Gest, less any amaunts paid uRdpr abe�re. By Mutual agreement, partial payments, not to eXGeed 90 nernent of the aame-1--At earned may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus Igp percent incurred up to the time he is notified in writing of such abandonment"actual cost" being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREEs, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 1percent to cover profit, overhead and readiness to serve"actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that"changes"as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 5/29/2018 Page 3 of 5 BLR 05510(Rev. 11/06)