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R2003-190 AUTHORIZING AGREEMENT
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R2003-190 AUTHORIZING AGREEMENT
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Last modified
1/6/2016 11:47:49 AM
Creation date
1/6/2016 11:47:49 AM
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Resolution/Ordinance
Res Ord Num
R2003-190
Res Ord Title
AUTHORIZING AGREEMENT BAINBRIDGE, GEE, MILANSKI & ASSOCIATES, INC. WATER DISTRIBUTION MAIN FROM THE SOUTH WATER TREATMENT PLANT TO ELEVATED TANKS
Approved Date
12/15/2003
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consecutive calendar days as contained in the specifications for this PROJECT. The <br /> ENGINEER shall not be responsible for any time delays in the PROJECT caused by <br /> circumstances beyond the ENGINEER's control. <br /> 2. The OWNER may at any time, by written order, make changes within the general scope <br /> of this AGREEMENT in the services or work to be performed. If such changes cause an <br /> increase or decrease in the ENGINEER's cost or time required to perform any services <br /> 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 adjustment under this clause in writing within 30 days from the date of receipt of the <br /> ENGINEER of the notification of change unless the OWNER grants additional time <br /> before the date of final payment. No services for which an additional compensation will <br /> be chazged by the ENGINEER shall be furnished without the written authorization of the <br /> OWNER. <br /> 3. 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, arbitratioq public hearings or other <br /> legal or administrative proceedings involving the PROJECT other than a dispute <br /> between the OWNER and ENGINEER. <br /> b. Services performed to accomplish property surveys, preparation of legal <br /> description plats and documents for the acquisition of easements and/or right-of- <br /> way, and assistance to the OWNER in acquiring any necessary easements and <br /> right-of-way. <br /> 4. Services resulting from significant changes in general scope of the PROJECT including, <br /> but not limited to, changes in size, comple�uty, OWNER's schedule, or character of <br /> construction; and revising previously accepted studies, reports, design documents or <br /> contract documents when such revisions aze due to causes beyond ENGINEER's <br /> control, shall be considered as a Change in Scope. <br /> 5. The obligation to provide further services under this AGREEMENT may be terminated <br /> by either party upon 7 days written notice in the event of substantial failure by the other <br /> party to perform in accordance with the terms hereof through no fault of the terminating <br /> P�Y• <br /> THE OWNER AND THE ENGINEER each binds himself, his partners, successors, <br /> executors, administrators and assignees to each other party hereto in respect to all the covenants <br /> a.nd agreements herein and, except as above, neither the OWNER nor the ENGINEER shall <br /> assign, sublet or transfer any part of his interest in this AGREEMENT without the written <br /> consent of the other party hereto. <br /> BGM 03-091 Page 4 <br />
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