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R2002-46 AUTHORIZING EXECUTION OF AN AGREEMENT
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R2002-46 AUTHORIZING EXECUTION OF AN AGREEMENT
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1/19/2016 4:28:17 PM
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Resolution/Ordinance
Res Ord Num
R2002-46
Res Ord Title
AUTHORIZING EXECUTION OF AN AGREEMENT BLACK & VEATCH CORPORATION ENGINEERING CONSULTATION SERVICES LAKE DECATUR WATER QUALITY PROTECTION MEASURES
Approved Date
4/1/2002
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• � <br /> _ ARTICLE 4—COMPENSATION <br /> Payment shall be due and payable upon receipt by Owner to Design Professional in accordance with �I� <br /> Attachment B, Compensation. ', <br /> In the event Owner dis utes an invoice item, Owner shall ive Desi n Professional written notice of '� <br /> P Y g g <br /> such disputed item within ten(10) days after receipt of such invoice and shall pay to Design Professional <br /> the undisputed portion of the invoice according to the provisions hereof. <br /> ARTICLE 5 - OWNER'S RESPONSIBILITIES <br /> Owner shall be responsible for all matters described in this Article, and Attachment C,Additional <br /> Owner's Responsibilities. <br /> 5.1 Advise Design Professional of the existence and undertake the abatement and disposal of all <br /> hazardous materials, including, but not limited to, asbestos, polychlorinated biphenyls (PCBs) and <br /> radioactive material and other toxic substances, encountered by Design Professional in the performance <br /> of the Services; and <br /> 5.2 Appoint an individual who shall be authorized to act on behalf of Owner,with whom Design <br /> Professional may consult at all reasonable times, and whose instructions, requests, and decisions will be <br /> binding upon Owner as to all matters pertaining to this Agreement and the performance of the parties <br /> hereunder. <br /> ARTICLE 6 - STANDARD OF CARE <br /> Design Professional shall exercise the same degree of care, skill, and diligence in the performance of the <br /> Services as is ordinarily possessed and exercised by a design professional under similar circumstances. <br /> No other warranty, expressed or implied, is included in this agreement or in any drawing, specification, <br /> report, or opinion produced pursuant to this Agreement. <br /> ARTICLE 7 - LIABILITY AND INDEMNIFICATION <br /> 7.1 General. Having considered the potential liabilities that may exist during the performance of the <br /> Services,the benefits of the Project, and the Design Professional's fee for the Services, and in <br /> 2 <br /> SLW:DecatudCiry of Decatur Agreement l,ake Decatur <br /> 83104.700 <br /> 03/OS/02 <br />
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