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Last modified
1/26/2010 10:10:09 AM
Creation date
10/5/2006 4:33:17 AM
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Template:
Floodplain Documents
County
Statewide
Community
State of Colorado
Basin
Statewide
Title
A Guide for the Engagment of Engineering Services
Date
1/1/1975
Prepared For
State of Colorado
Prepared By
American Society of Civil Engineers
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />SECTION IV. - CONTRACTS FOR ENGINEERING SERVICES <br /> <br />The relations of the Consulting Engineer with his Client should be clearly <br />defined by a written instrument before commencement of actual work. Whether <br />this is expressed by an exchange of letters or by a more formal legal agreement is <br />immaterial, as long as all the terms are clearly defined. It should state the parties <br />to the contract, and define the extent and character of the work to be performed, <br />as well as conditions relating to any time limitations which may be involved. The <br />terms and payment for various services should follow. <br />In periods when the economy is experiencing inflationary rates that substan- <br />tially affect both the Consulting Engineer's cost of performing various services <br />and the construction costs of projects, consideration should be given to these <br />factors when establishing the terms and payments for work to be performed. This <br />is especially important for agreements that will extend over a proionged period of <br />time. <br />For those contracts in which the Consulting Engineer's compensation is de- <br />termined from his actual costs for performing the work, e.g., in salary costs times <br />a multiplier plus direct non-salary expenses or a cost plus a fixed payment <br />arrangement, the Consulting Engineer's increasing cost is automatically accom- <br />modated, provided the contract includes provisions for recognizing these in- <br />creases as they occur or at specified intervals.. However, this automatic adjust- <br />ment does not occur when the compensation is not determined on the actual costs <br />for performing the work, as in the instance of per diem and hourly rates, lump <br />sum, or percentage of construction cost arrangements. <br />In the instance of per diem and hourly rates, a provision in the agreement for <br />services, stipnlating the time period for which the rates hold and after which <br />appropriate adjustments will be made, will provide a means for adjusting to the <br />inflationary effect on the Consulting Engineer's costs. <br />For lump sum arrangements, a similar provision in the agreement for services <br />should be provided or the lump sum amount should be negotiated on the basis of <br />cost projected to the midpoint of the engineering services performance period <br />and once negotiated on this basis it should remain finn. <br />When the percentage of Construction Cost method is used, determination of <br />equitable compensation for the Consulting Engineer should include the inflation- <br />ary effect of the Consulting Engineer's costs and the escalating construction <br />costs for projects. Provisions in the contracts recognizing these factors will serve <br />to prevent future misunderstandings. Contract provisions for accomplishing this <br />are difficult to suggest since costs and conditions vary widely during uncontrol- <br /> <br />19 <br />
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