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2005-171
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2005-171
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Last modified
7/19/2016 11:41:29 AM
Creation date
9/30/2015 8:47:14 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/17/2005
Control Number
2005-171
Agenda Item Number
11.I.2
Entity Name
McMahon Associates, Inc.
Subject
Intersection Improvements Services Agreement
Area
1st St. SW & 27th Ave., 5th St. SW & 27th Ave. 1st St SW & 43rd
Supplemental fields
SmeadsoftID
4943
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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 <br /> Works Department. Any notices, reports or other communications from the COUNTY to the ENGINEER <br /> shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file <br /> 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 <br /> with the terms hereof through no fault of the terminating party. The County may, for public convenience , <br /> terminate this contract at any time provided 90 days written notice is given to the ENGINEER. In the event <br /> of any terminations , the ENGINEER will be paid for all services rendered to the date of termination, all <br /> expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the ENGINEER <br /> as a result of such termination . <br /> SECTION XIII - 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 <br /> made . <br /> SECTION XIV - WARRANTY <br /> The ENGINEER warrants that he has not employed or retained any company or person other than bona fide <br /> employee working solely for the ENGINEER or subconsultant to solicit or secure this contract and that he <br /> has not paid or agreed to pay any company or person other than a bona fide employee working solely for the <br /> ENGINEER any fee, commission, percentage fee, gifts or any other considerations, contingent upon or <br /> resulting from the award or making of this contract. For breach violation of this warranty, the COUNTY <br /> shall have the right to annul this contract without liability. <br /> 17 <br />
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