1991-04-10 Resolution 39 - Laserfiche WebLink

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i • I ifications or changes in the general scope, extent or • character of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall .proceed with the performance of the services called for in the Prelimi~~ary Design Phase, and shall submit pre- liminary design documents and a revised opinion of probable Total Project Costs ~~ithin the stipulated period indicated in paragraph 3 of Exhibit A "Further Descrip- tion of Basic Engineering Services and Related Mat- ters". 4.4. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of prob- able Total Project Costs, indicating any specific mod- ifications or changes in the general scope, extent or character of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the performance of the services called for in the. Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Proj- ect within the stipulated period indicated in paragraph 4 of Exhibit A "Further Description of Basic Engi- neering Services and Related Matters". 4.5. ENGINEER's services under the Study and Report Phase, Preliminary Design Phase and Final Design Phase • shall. each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after.the date when such submissions are delivered to OWNER for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.6. After acceptance by OWNER of the ENGI- NEER's Drawings, Specifications and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs and upon written autho- rization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This Phase shall terminate .and the services to be rendered thereunder shall be consid- ered complete upon commencement of the Construc- tion Phase or upon cessation of negotiations with pro- spective Contractor(s) (except as may otherwise be required to complete the services called for in para- graph 6.,2.2.0. 4.7. The Construction Phase will commence with the execution of the first prime contract to be executed for • the work of the Project or any part thereof, and will terminate upon ~~~ritten recommendation by ENGI- \'EER of final payment on the last prime contract to be completed. Construction Phase services maybe ren- dered at different times in respect of separate prime contracts if the Project involves more than one prime contract. 4.8. The Operational Phase will commence during the Construction Phase and will terminate one .y_ear after the date of Substantial Completion of the last prime contract for construction; materials and equipment on which substantial completion is achieved. 4.9. If O WNER has requested significant modifications or changes in the genera( scope, extent or character of the Project, the time of performance of ENGINEER'S services shall be adjusted equitably. 4.10. If OWNER fails to give prompt written authori- zation toproceed with any phase of services after com- pletion of the immediately preceding phase, or if the Construction Phase has not commenced within ~~ .calendar days (plus such additional time as may be required to complete the services called for under para- graph 6.2.2. ~) after completion of the Final Design Phase, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.11. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond ENGINEER'S control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as pro- vided in paragraph 5.3.2. If such delay or suspension extends for more. than one year for reasons beyond ENGINEER'S control, or if ENGINEER for any rea- son is required to render Construction Phase services in respect of any prime contract for construction, mate- rials or equipment more than one year after Substantial Completion is achieved under that contract, the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment. 4.12. In the event that the work designed or specified by ENGINEER is to be furnished or performed :under more than one prime contract, or if ENGINEER'S ser- vices are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER'S services during the Final Design. Bidding or Negotiating and Construction Phases in order to sequence and coordi- nate properly such services as are applicable to the work under such separate contracts. This schedule is Page 9 of 1 pages.