Preparation of a Nonstandard Preliminary Engineering Agreement Sample Clauses

Preparation of a Nonstandard Preliminary Engineering Agreement. The usual reason nonstandard agreements are required is because a utility’s legal department has objected to the standard “Legal Relations” clause in the standard form agreement. When this is the case, the utility’s legal representative will need to provide alternate language to be included in the agreement. If the language supplied by the utility is unacceptable to WSDOT, some negotiations involving both legal representatives may be necessary. Since it is a change to the agreement’s legal language, this kind of change cannot be addressed in Exhibit A, Special Provisions, without creating a conflict in the agreement’s language. Such a change would nullify the terms of the agreement, rendering it invalid and indefensible; therefore, a nonstandard agreement must be written. 1. There is no format prescribed for nonstandard PE Agreements. The method typically used is to copy the standard form agreement language for the type of agreement being written into a separate Microsoft Word document and then make modifications to the agreement form as necessary. The nonstandard agreement should contain all of the information and exhibits from the standard form agreement that are relevant to the nonstandard agreement. 2. If the Exhibit A is not used in a nonstandard agreement because everything was covered in the main body of the agreement, Exhibit B, Cost Estimate, may become Exhibit A, and the plan sheets that are normally Exhibit C become Exhibit B. 3. If it is a nonstandard Agreement Amendment, the references must remain consistent with the original exhibit designations of Exhibits A, B, and C, with the number of the amendment added; for example, an Amendment 1 would have Exhibit A-1, Exhibit B-1, or Exhibit C-1 if the exhibits are modified. If the original nonstandard agreement referenced Exhibit A as the Cost Estimate, Exhibit A-1 must also be Cost Estimate. However, if final actual costs are known and are shown in the exhibit, the title should change to Exhibit (A or B) of Costs instead of Cost Estimate, since it is no longer an estimate. This applies whether the cost exhibit is Exhibit A or B.
Sample 1
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Related to Preparation of a Nonstandard Preliminary Engineering Agreement

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