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1998-079
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1998-079
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Last modified
9/9/2024 12:59:36 PM
Creation date
10/30/2018 10:13:34 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/24/1998
Control Number
Unknown
Entity Name
Kimley Horn
Subject
Oslo Road
Bridge Replacements and Roadway Widening
Area
9th Street SW
Alternate Name
Roadwa Widening
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become the property of the COUNTY and shall be made available by the ENGINEER at any time <br />upon request of the COUNTY. When all work contemplated under this Agreement is complete, <br />all of the above data shall be delivered to the Director of the Public Works Department. <br />B. Reuse of Documents <br />All documents, including but not limited to drawings and specifications, prepared by the <br />ENGINEER pursuant to this Agreement are related exclusively to the services described herein. <br />They are not intended or represented to be suitable for reuse by the COUNTY or others on <br />extensions of this project or on any other project. Any such utilization or adaptation will entitle <br />the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the <br />ENGINEER. The ENGINEER shall not be held liable for any reuse of the Documents and shall <br />not be held liable for any modifications made to the documents by others. <br />SECTION XI - NOTICES <br />Any notices, reports or other written communications from the ENGINEER to the COUNTY shall be <br />considered delivered when posted by certified mail or delivered in person to the Director of the Public Works <br />Department or Capital Projects Manager. Any notices, reports or other communications from the COUNTY to the <br />ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the last address left <br />on file with the COUNTY or delivered in person to said ENGINEER or his authorized representative. In person <br />deliveries shall be evident by signed receipts. <br />SECTION XII - TERMINATION <br />The obligation to provide further services under this Agreement may be terminated by either party upon <br />seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the <br />terms hereof through no fault of the terminating party. The County may, for public convenience, terminate this <br />contract at any time provided 90 days written notice is given to the ENGINEER. In the event of any terminations, <br />the ENGINEER will be paid for all services rendered to the date of termination, all expenses subject to <br />reimbursement hereunder, and other reasonable expenses incurred by the ENGINEER as a result of such <br />termination. <br />SECTION XHI - AUDIT RIGHTS <br />The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement at any <br />time during the prosecution of the work included herein and for a period of one year after final payment is made. <br />SECTION XIV - SUBLETTING <br />The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the written <br />consent of the COUNTY. When applicable and upon receipt of such consent in writing, the ENGINEER shall cause <br />the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the <br />work to be inserted on the reports or other data. <br />SECTION XV - WARRANTY <br />The ENGINEER warrants that he has not employed or retained any company or person other than bona <br />fide employee working solely for the ENGINEER or subconsultant to solicit or secure this contract and that he has <br />not paid or agreed to pay any company or person other than a bona fide employee working solely for the <br />10 <br />
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