Project No. ______________
Budget Code _____________
CONTRACT BETWEEN COLLEGE AND DESIGNER
THIS CONTRACT, made and entered into this __________ day of ____________________ , 19 ________ ,
between DELGADO COMMUNITY COLLEGE, hereinafter called the “COLLEGE,” and ___________________
_________________________________________________ . Architects or Engineers or Landscape Architects of
_____________________________________________________________ hereinafter called the “DESIGNER.”
Whereas, the COLLEGE, in the execution of a single project at the _______________________________
_____________________________________________ contemplated the following project to-wit:
for the purposes and to the extent set forth by the COLLEGE; and,
Whereas, the relationship between the COLLEGE and the DESIGNER, and their rights and duties, respectively, on such projects are more particularly defined in a manual entitled, “Louisiana Capital Improvement Projects - 1985 Procedure Manual for Design and Construction,” as prepared by the Division of Administration, edition of 1985 as amended Nov. 20, 1986, hereinafter referred to as the “Manual.”
Now, therefore, it is mutually agreed that the DESIGNER will perform the services of Architect or Engineer or Landscape Architect on the aforesaid project and that the COLLEGE will compensate the DESIGNER for such services in accordance with the terms and conditions hereinafter set forth.
This contract is made subject to and in accordance with all of those provisions in the Manual applicable to designers, all of which provisions are hereby incorporated herein and made a part of this contract, as though herein set out in full.
This contract may be terminated by the COLLEGE upon ______ days written notice.
The DESIGNER agrees that should the scope of the project as established by Exhibit A, the Available for Construction as established by Exhibit B, Computation of Fee, both attached and made part of this contract, be exceeded, any revision in the plans and specifications necessary to bring the construction of the project within the Available for Construction budget, will be made at no additional cost to the COLLEGE.
The DESIGNER also agrees that the professional consultants named in Exhibit C attached hereto and made a part hereof, will, if approved by the COLLEGE, be retained on this project and will affix their professional seal on any documents prepared by them. If other professional consultants are retained during the term of this contract, their names will be submitted to the COLLEGE for approval and their professional seals shall be affixed to any documents prepared by them.
The Fee for Basic Services, which is described in and may be modified in accordance with Article 5 of the Manual: to be paid the DESIGNER for the services required by this contract is ______________________________
___________________________________________________________dollars ($_________________________), which is based on the amount Available for Construction,_______________________________________________
__________________________________dollars ($_______________________). The Computation of Fees for this project is outlined in Exhibit B attached. Progress payments shall be made to the Designer in accordance with Article 6 of the Manual.
DESIGNER hereby agrees that the responsibility for payment of taxes from the funds thus received under this agreement and/or legislative appropriation shall be said designer’s obligation and identified under Federal tax identification #_____________________________.
The DESIGNER shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the COLLEGE, provided however, that claims for money due or to become due to the DESIGNER from the COLLEGE may be assigned to a bank, trust company, or other financial institution without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the COLLEGE.
It is hereby agreed that the Legislative Auditor of the State of Louisiana shall have the option of auditing all accounts of DESIGNER which relate to this contract.
The DESIGNER agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, of 1973, as amended, the Vietnam Era Veteran’s Readjustment of 1972, the Age Act of 1972, and DESIGNER agrees to abide by the requirements of the Americans with Disabilities Act of 1990.
DESIGNER agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, religion, sex, national origin, age, disability, marital status or veteran’s status.
Any act of discrimination committed by DESIGNER, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract.
This contract shall begin on_________________________and terminate on__________________________.
DESIGNER DELGADO COMMUNITY COLLEGE
Vice Chancellor for Business Affairs
Chancellor (Required for contracts of $5,000 or more)
Form No. 3311/003 (Rev. 4/00)
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