R2019-125 Resolution to Approve Preliminary Engineering Services Agreement and Appropriate Motor Fuel Tax Funds for the Grove Road Bridge over Sand Creek Arm of Lake Decatur, SN 058-6010 City Project 2019-34

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3. 7hat payments due the ENGlNEER for services rendered in accordance with this AGREEMENT wi{I be made as soon as practicable after the services have been performed in accordance with the#olCowing schedu(e: a. Upan completion of detailed pEans, special pravisions, praposals and estimate of cast-being the work required by paragraphs 1 a through 1 k under THE ENGINEER AGREES -to the satisfaction of the LA and their approval by th� DEPARTMENT, 9Q percent of the tatai fee due under this RGREEMENT based on the approved estimate of casf. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMEN7, 100 percent of the total fee due undar the AGREEMENT based on the awarded contract cast, less any amounts paid under"a� above. By Mutual agreement, partial payments, nat to exceed 90 percent of#he amount earned, may be made from time to tirne as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has perfarmed any part of the services pravided far in paragraphs '1 a, through 1 k anci prior to the campletion af such services, the LR shall reimburse the ENGINEER for his actual costs plus ��q percent incurred up to the time he is notified in writing of such abandonment"actual cost" being defined as in paragraph 2 af THE �A AGREES. 5. That, should the �A require changes in any of the detailed plans, specifications or estimates except far those required pursuant to paragraph 4 a#THE ENGINEER AGREEs, after they have been appraved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cast plus �7� percent to cover profit, overhead and readiness to serve"actuai cost" being defined as in paragraph 2 of THE LA AGREES. It is unders#aod 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 p#ans and specifica#ians. It is Mutua(iy Agreed, 1. That any difference between the ENGINEER and the LA cancerning their interpretation af the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appainted by the ENGINEER, one mernber appainted by the �A and a third member appointed by the twa other members for dispositian and that the committee's decision sh�ll be final. 2. This AGREEMENT may be terminated by the LA upon giving natice in writing#o the ENGINEER at his last known post affice address. Upon such termination, the ENGINEER shall cause#o be delivered to the LA all surveys, permi#s, 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 materia! becames the property of the LA. The ENGlNEER sha11 be paid far any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for constructian has nat been awarded ane year af#er the acceptance af the plans by the LA and their appraval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due ta make 100 percent of the total fees due under this AGREEMENT, based an the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that heJshe has nat employed ar retained any company or person, other than a bana fide employee working solely for the ENGINEER, to salicit or secure this contract, and that he/she has nat paid or agreed ta pay any company ar person, ather than a bona fide employee working solely for the ENGINEER, ar�y fee, commission, percentage, brokerage fee, gifts or any other considera#ion, cantingent upan or resulting from the award or making of this contract. Far Breach or violafian af this warranty the LA shall have the right ta annul this contract withaut liability. Printed 812i12019 Paga 3 af 4 BLR Q5510—M4f}IFIED(Rev. 10I15)