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2007-397
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2007-397
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Last modified
6/28/2016 12:23:30 PM
Creation date
9/30/2015 11:28:08 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/20/2007
Control Number
2007-397
Agenda Item Number
7.N.
Entity Name
Schulke,Bittle,& Stoddard,LLC
Subject
Oslo Road improvements Services
Area
58th Ave. to 43rd Ave.
Supplemental fields
SmeadsoftID
6693
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others on extensions of this project or on any other project. Any such utilization or <br /> adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon <br /> by the COUNTY and the ENGINEER. The ENGINEER shall not be held liable for any <br /> reuse of the Documents and shall not be held liable for any modifications made to the <br /> documents by others. <br /> SECTION XI - NOTICES <br /> Any notices, reports or other written communications from the ENGINEER to the COUNTY shall <br /> be considered delivered when posted by certified mail or delivered in person to the Director of the Public <br /> Works Department or County Engineer. Any notices, reports or other communications from the COUNTY <br /> to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the <br /> last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized <br /> representative. In person 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 <br /> upon seven (7) days written notice in the event of substantial failure by the other party to perform in <br /> accordance with the terms hereof through no fault of the terminating party. The County may, for public <br /> convenience, terminate this contract at any time provided 90 days written notice is given to the <br /> ENGINEER. In the event of any terminations, the ENGINEER will be paid for all services rendered to the <br /> date of termination , all expenses subject to reimbursement hereunder, and other reasonable expenses <br /> incurred by the ENGINEER 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 <br /> at any time during the prosecution of the work included herein and for a period of one year after final <br /> payment is made. <br /> SECTION XIV - SUBLETTING <br /> The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the <br /> written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the <br /> ENGINEER shall cause the names of the engineering and surveying firms responsible for the major <br /> portions of each separate specialty of the 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 <br /> bona fide employee working solely for the ENGINEER or subconsultant to solicit or secure this contract <br /> and that he has not paid or agreed to pay any company or person other than a bona fide employee working <br /> solely for the ENGINEER any fee, commission, percentage fee, gifts or any other considerations, <br /> contingent upon or resulting from the award or making of this contract. For breach violation of this <br /> warranty, the COUNTY shall have the right to annul this contract without liability. <br /> SECTION XVI - DURATION OF AGREEMENT <br /> This Agreement shall remain in full force and effect for a period of four years after the date of <br /> execution hereof or until completion of all project phases as specified by the Public Works Director, <br /> whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto or pursuant <br /> to Section XII of this AGREEMENT. <br /> C Oocumeuts and settings\user221L al Settings\Temporary Internet Files\OLMA\Oslo Road Exp Agreement 11 -05-07 (2 ) doe <br /> 4 <br />
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