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R2008-231 AUTHORIZING AGREEMENT SANITARY DISTRICT OF DECATUR
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R2008-231 AUTHORIZING AGREEMENT SANITARY DISTRICT OF DECATUR
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10/20/2015 4:56:25 PM
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10/20/2015 4:56:22 PM
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Resolution/Ordinance
Res Ord Num
R2008-231
Res Ord Title
AUTHORIZING AGREEMENT SANITARY DISTRICT OF DECATUR REHABILITATION OF K-MART PLAZA SANITARY SEWER PUMP STATION
Approved Date
12/15/2008
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. , + EXHIBIT G <br /> , � <br /> 2. The DISTRICT may at any time, by written order, make changes within the general <br /> scope of this AGREEMENT in the services or work to be performed. If such changes <br /> cause an increase or decrease in the ENGINEER's cost or time required to perform any <br /> services under this AGREEMENT, an equitable adjustment shall be made and this <br /> AGREEMENT shall be modified in writing. The ENGINEER must assert any claim <br /> for adjustrnent under this clause in writing within 30 days from the date of receipt of the <br /> ENGINEER of the notification of change unless the DISTRICT grants additional time <br /> before the date of final payment. No services for which an additional compensation will <br /> be charged by the ENGINEER sha11 be furnished without the written authorization of the <br /> DISTRICT. <br /> 3. Services resulting from significant changes in general scope of the PROJECT <br /> including, but not limited to, changes in size, complexity, DISTRICT's schedule, or <br /> character of construction; and revising previously accepted studies, reports, design <br /> documents or contract documents when such revisions are due to causes beyond <br /> ENGINEER's control, shall be considered as a Change in Scope. <br /> 4. Services performed during the performance of the AGREEMENT made necessary by <br /> the following circumstances or events shall be considered as Additional Services: <br /> a. Services performed as a result of litigation, arbitration, public hearings or other <br /> legal or administrative proceedings involving the PROJECT other than a dispute <br />, between the DISTRICT and ENGINEER. <br /> b. Services performed to accomplish property surveys, preparation of legal <br /> description plats and documents �for the acquisition of land, easements and/or <br /> right-of-way, and assistance to the DISTRICT in acquiring any necessary land, <br /> easements and right-of-way. <br /> 5. Payment for Additional Services shall be on a time and expense basis in accordance <br />; with the attached Schedule of Charges. <br /> 6. The obligation to provide further services under this AGREEMENT may be <br /> terminated by either party upon 7 days written notice in the event of substantial failure by <br /> the other party to perform in accordance with the terms hereof through no fault of the <br /> terminating party. <br /> 7. Neither the DISTRICT nor the ENGINEER shall be obligated to indemnify the other <br /> party in any manner whatsoever for the other party's own negligence. <br /> THE DISTRICT AND THE ENGINEER each binds himself, his partners, successors, <br /> executors, administrators and assignees to each other party hereto in respect to a11 the covenants <br /> and agreements herein and, except as above, neither the DISTRICT nor the ENGINEER sha11 <br /> BGM 08-071 C Page 4 <br />
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