R2010-05 AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH THE SANITARY DISTRICT OF DECATUR

Home Browse Search

> � , , , 4. Services performed during the performance of the AGREEMENT made necessar}�by the following circumstances or events shall be considered as Additional Services: a. Services performed as a result of litigation, arbitration, public hearings or other legal or administrative proceedings involving the PROJECT other than a dispute between the SDD and ENGINEER. b. Services performed to accomplish property surveys, preparation of legal description plats and documents for the acquisition of land, easements and/or right-of-way, and assistance to the SDD in acquiring any necessary land, easements and right-of-way. 5. Payment for Additional Services shall be on a time and expense basis in accordance with the attached Schedule of Charges. 6. The obligation to provide further services under this AGREEMENT may be terminated by either party upon 7 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the tenl7inating party. 7. Neither the SDD nor the ENGINEER shall be obligated to indemnify the other party in any manner whatsoever foi-the other party's own negligence. THE SDD AND THE ENGINEER each binds himself, his partners, successors, executors, administrators and assignees to each other party hereto in respect to all the covenants and agreements herein and, except as above, neither the SDD nor the ENGINEER shall assign, sublet or transfer• any part of his interest in this AGREEMENT without the written consent of the other party hereto. IN WITNESS W�IEREOF, the parties hereto have affixed theii-hands and seals this day of , 2010. SANITARI'DISTRICT OF DECATUR ENGINEER: Bainbridge, Gee, Milanski & Associates,Inc. By: By: Dan Smallwood.,President Charles R. Hunsinger,Vice President ATTEST: ATTEST: By: B��: Rob Jacobsen, Clerk Michael H. Price, President BGM 08-071 C Page 5