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be furnished by the ENGINEER shall not be construed to relieve the ENGINEER <br /> of any responsibility for the fulfillment of this AGREEMENT. <br /> 9. That all plans, specifications, estimates, plats and other documents furnished to <br /> the CITY by the ENGINEER in accordance with this AGREEMENT shall be <br /> endorsed by him and shall show his professional seal where such is required by <br /> law. <br /> 10. That payment by the CITY in accordance with Sections 2, 3, and 4 of THE CITY <br /> AGREES will be considered as payment in full for all services rendered in <br /> accordance with this AGREEMENT. <br /> 11. That he is qualified technically and is entirely conversant with the design <br /> standards and policies applicable to the IMPROVEMENT; and that he has <br /> sufficient, properly trained, organized, and experienced personnel to perform the <br /> services enumerated herein. <br /> 12. That no work shall be commenced by the ENGINEER prior to issuance by the <br /> CITY of a written Notice to Proceed, but that work shall be started within ten (10) <br /> days after receipt of such Notice. <br /> 13. This AGREEMENT may be terminated by the CITY upon giving 15 days notice <br /> in writing to the ENGINEER at his last known post office address. Upon such <br /> termination, the ENGINEER shall cause to be delivered to the CITY, all <br /> drawings, specifications, partial and completed estimates, and data, if any, from <br /> soil survey and sub-service investigations with the understanding that all such <br /> material becomes the property of the CITY. The ENGINEER shall be paid for <br /> any services completed and any services partially completed in accordance with <br /> Section 3 of THE CITY AGREES. <br /> 14. That he and his subcontractors will maintain all books, documents, paper, <br /> accounting records, and other evidence pertaining to cost incurred and will make <br /> such materials available at their respective offices at all reasonable times during <br /> the AGREEMENT period and for three years from the date of final payment <br /> under this AGREEMENT, for inspection by the CITY, and copies thereof shall be <br /> furnished if requested. <br /> THE ENGINEER WARRANTS that he has not employed or retained any <br /> company or person, other that a bona fide employee working solely for the <br /> ENGINEER, to solicit or secure this AGREEMENT and that he has not paid or <br /> agreed to pay any company or person, other than a bona fide employee working <br /> solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, <br /> or any other consideration, contingent upon or resulting from the award or making <br /> of this AGREEMENT. For breach or violation of this warranty, the CITY shall <br /> have the right to annul this AGREEMENT without liability, or in its discretion to <br /> deduct from the AGREEMENT price or consideration, or otherwise recover, the <br />