R2021-204 Resolution Authorizing City Manager to Enter Into a Professional Services Agreement with Blank, Wesselink, Cook & Associates, Inc. for Design and Construction Oversight Services for Transit Facilities HVAC Replacement Project

Home Browse Search

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Engineer,the Engineer may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Engineer for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Engineer terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Engineer for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Engineer's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Engineer terminates this Agreement pursuant to Section 9.3,the Owner shall pay to the Engineer the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Pee: All fees previously billed still unpaid,plus 10%of the remaining fee left to be billed for work on the project during which..the Engineer is terminated. .2 Licensing Fee if the Owner intends to continue using the Engineer's Instruments of Service: $500.00 for accumulation and dispersion of electronic ACRD computer files § 9.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Engineer's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction. § 10,3 The Owner and Engineer,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Engineer shall assign this Agreement without the written consent ofthe other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Engineer by the Owner prior to the assignment. § 10.4 If the Owner requests the Engineer to execute certificates,the proposed language of such certificates shall be submitted to the Engineer for review at least 14 days prior to the requested dates of execution.If the Owner requests the Engineer to execute consents reasonably required to facilitate assignment to a lender,the Engineer shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Engineer for review at least 14 days prior to execution.The Engineer shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. Inst. AIA Document B101`-2017.Copyright*1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The'Arnerican Institute of Architects,m"AtA,"the AIA Logo,and K C unre i t emarks and may not be used w{thout pe fission.This document was �� 1 produced by AIA software at 16:49:33 ET on 10t2$f2021 under Order No.0378037872 which expires on 08123!2022,{s not far resale,is licensed for one-time u3e only,and may only be used in accordance with the AIA Contract Documents®'Terms of Service To report copyright violations.resale,�licens t(d for e User Notes: (1733055828)