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ARTICLE IV. GENERAL TERMS AND CONDITIONS

1. Co-operation .

(4) “Te Client shall pive due consiteration to all
plans, dis. iiees, speciGicrteuts, reports, beaacrs, proprruds
andl other datcrmastiony porasjedect by the Eneducer oud steel
vashe any Cecisions whielr he is reyuned to make im can.
nection therewith widuuie a tcasanable (ie sa as Kat to
delay the work ul the Lanyinecr,

(hb) De Client shat a the request of the Lorinser
Brevide Uite Pn cineer with dee: Fallows baoimatiog, onl
with any docvracnts ped iting thereto, eheept aesefer as che
Engineer is expressly veauired to furnish the sane onder
the terms heres

(i) all pertinent infosmation which teeny affcer
the work to be done, Indies a correct sare
vey of the site and exisag ie iidies and
facilities:

#ecurate afosuatian, plans and apecitications
regarding ony orher csisting oF proposed
buildings or works which are involved and
insofar as such infurmation is anes available,
the cost of obtaining the same shvll be borne
by the client:

copics of all bids and contracts for the work
for which the Engineer is responsible and
copies of all quotations, certificates for pity
ment and final accounts in connection with
the work insofar as they do not o1 iginate in
the Engineer's office. .

Eothe fice

en eaitend= Wlaay Fe
Ma) “fhe “cost of work" sed mean the total cest to the
clicnitsof the project. including ail mea, cqaipment,
fabousr Nu contaviors’ overhead and profit, necessary to
a complete work for which the bugincer prep aes destuens,

drawings, pee ecitications wafer which he is we iwonsibie.
(by) Whenetip the Clicut furnishes material, ccuipment,

labour or any ott service which is incorporated in’ the

work, the fair markonyatue of such neaterial or equipment
as though it were purchased new, aud the current price of
such labour or other service when the work was executed
shall be used to compute raty of the work.

(c)) Whenever used inaterhd ar equipment, with -the
exception of falsework or formu Kis furnished by or on
behalf of che client, the fair marxetNcalue of such snaterial
or equipment as though it were purdiased new shall be

E used to compute the cost of the work.

(d) In computing the cust of the work oo deductions
shall be made on accaunt of any penaltiesser damages
clatacd by die Client {rom any Contractor or account
of any other som withheld Lom any Contracion

(e) ‘The cost of the work shall not include any fee. sad

dishursements due io che Engineer,

3. Supervision and Inspection

(4) “General Supervision means taking such steps
within the scepe of the Hagincer’s authority reasonably re.
quited by goad mactice for the execution of the work in
accordance with the plans, specifications, drawings and
design,

() “Resitont Supervision" shall have the needy ase
signed ta ie under Catczory S(b) of the Schedule of Mini-
num Fee.

(©), “Inspection” shall incun the examination of th.
work from time ta dime as may sexsonably be required by
the nature thereol and reporting thercon to the Client.

4. Payment of Engineer

(a) Save as is herein otherwise expressly provided, the
Schedule af Mininum Fees of the Assuciation of Profes:
sional Enjincers, current at the date of this Agreement,
shall be applicable to uny services rendered hy the Enygin-

eer and in the interpretation of this Agicament,

(b) Payments for Advisory Services, Pricliminary Ser.
vices and any other services porfaruied by the Lnyincer on
«a “Per Dieu Kote” basis orion ia “ime! basis, ond reim
hursemont for usavelling or other expenses, shall be nade
dating the mouth following dein which such services

pPwere rendered ar such cspences incurred,

ett gt AE Titer, 77 9 we een ee ont ¢ = Aetame sen mt 6 ge merce ; rane
ote ertcent toc Dida oerviees in respecte of which
Bine fee is Clete baor Oo untage af Chaat af Wark"
T basis shall be made citior oii ie esiyer’s monthly pya
r press estivite as apytoved by che Giient or 6 mebep ets
tc

ty we > . ~ 7 "
Oi such service, as set ontin Arucle Di hereof, is completed,

widchever iy che enriier.
(OX. Payment for general supervision iniespect of which

ONS ealated on a “Percentipe of Cos of Wark"
frisis shitesie mule menthiy basest on tbe cost of construe.
Gon er instil icion work done during the previous month
as certified Lysshe Layineer.

(ce) LO the bP siueer's tee is caleulated on a “Percentage
uf Cost af Wort Tesi, die portion of the fee dae far de.
tien shad be dused otsphe tori cost of the work as defined
in Article IV, 2 hereatsdur whicit tee Fogineer dass pre.
Dited plius, specilicationor desis and of any wath for
which the FBisineer is respangsibie. the pottion of the few
dae for generil supervision Shall be based oat the cose of
The work aetucds comstrucied “iNinatanted,

(Fy tithe Koginecer’s tee is taletdated on a “Percentage
af Gost of Work” basis and the design of any pare of the
project las bean completed but lendepNor Hes work have
nee beeu cdled, the fee then due to the Suyincer shidl be
calculated cither ow the Engineer's estiinatesol the cast of
the work as delined in Article LV, 2 hereof e ona “Per
Diem Rate” basis or on a “Tinie” basis at thegption of
the Engineer. If subscquentdy tenders are called “end re-
ceived, or the cost of the work is ascertained witht one
year of the contpletion of design, the Engineer's fee Shall
he adjusted accortingly,

(6) “The payraent of the Engineer's fee shall pot be
contingent pen the construction or installation of the
work designed by bim or upon the outcome of any pro-
ceedings pending, Leflore a Gourt of Law, Arbitration Board
ov similar body ta which ube Furineer is not a party.

(hy) Any {ces due to the Engineer shall be paid to him
whether or not any payment is innde to or withheld from
shy Contractor.

5. Compensation for Extra Work and Changes

Af it shall become necessary for the Engincer to nuke
any chiatges in any designs, drawings, plaus, or specifica-
Gions fur any pat of the work for reasons aver which he
has no controi, or if the Engineer is put to any extra work,
cost or expense by reasnn ol any act or matter over which
he has oo control, the Engineer shall be compensated [or
such changes or extra work cither on a “Per Diem Rate”
basis or a “Vite” basis at his eption;; provided that prior
to the comncnecment of such changes or extra work the
Engiocer shalt notify the Client in writing of his intention
to make such changes or to carry out such extra work and
that the Engincer shall keep separate cost records in respect
to such changes or extra work,

G. Abandonment or Suspension
If the project or any part thereof is abandoned at any
stage prior to completion of the design, or if any stasee of
the Lngineer’s work is unduly delayed for reasons beyand
his conten}, the Client shdl compensate the Eneinceer far
his services from dre inception of the work ona “Per Diem
Aute” basis or ona °Time™ basis, or on the basis of the En-
Bineec’s estiruste of the proportion of the engineering: work
completed, at che option of the Engineer. HE the project ar
amy part thercal is abandoned at any stage subsequent to
the completion of the desiea, or iL any stage of the Enain-
cers work ie utaluly delaved for reasons beyond his control,
the Client shall compensate the Fogineer for his services
from inception of the work te the completion of desiyn
as provided ii: this Agreenient, and shall cornponsate the:
Engines for bis services subsequent to the completion of
design on a “Per Diem Rate” basis or on a “Time” basis,
or on the basis of the Engincer's estimate of the proportion
o€ che caginecring work completed, at the option of the
Engineer.
7. Special Services ;
(a) ‘he Client shalt reimburse the Engineer for all
perinit and exuniination fees paid out by the Engineer.
(b) Tf the Fneineer considers it necessary lo capage a
speciilisg, the Clignt shad) rcimburse the Engineer far the
sprctalist’s lve and outofporket expenses, provided! that
the Engineer shidl not engage any specialist without the
Client's wuthovity. OO
(e) “Vhe Engineer shall not be required to prepare for
nor to appear in any litigation on behalf of the Client un.
leas the En ineer is compensated thereiore either ona “Per
Diem Rate” basis or ona Vine" basis at the uption of the

Engineer,