R93-121 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT

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3.6 Give prompt written notice to the ENGINEER whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJEGT. 3.7 Furnish, or direct the ENGINEER to provide at the CLIENT'S expense, necessary additional services as stipulated in Section 2 of this AGREEMENT, or other services as required. SECTION 4 - PERIOD OF SERVICE 4.1 The ENGINEER will commence work on the PROJECT within five(5) calendar days after receipt of a written Notice to Proceed and shall submit to the CLIENT the Water Master Plan Report by December 31, 1993, providing the ENGINEER is not unduly delayed by causes beyond his control. SEC1'ION 5 - PAYMENTS TO THE ENGINEER 5.1 The CLIENT will pay the ENGINEER the lump sum amount of Thirty-Three Thousand Nine Hundred Dollars ($33,900) for the PROJECT. Payment sha11 be made monthly based on the ENGINEER's estimate of percent completion on the PROJECT and the CLIENT's agreement to the estimate of percent completion. SECT'ION 6 - GENERAL CONDTTIONS 6.1 Temunation. This AGREEMENT may be terminated by either party by thirty days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this AGREEMENT is so terminated, the ENGINEER shall be paid for labor and expenses incurred to date as provided in Section 5. 6.2 Ownershi,p of Documents. All documents,including original drawings,estimates, specifications, field notes and data, are and remain the property of the CLIENT, but may be maintained by the ENGINEER until requested by the CLIENT. The CLIENT will receive a set of reproducible record prints of drawings and copies of other documents, in consideration of which the CLIENT will use them solely in connection with the PROJECT. � 6.3 Estimates. Since the ENGINEER has no control over the cost of labor mate- rials or equipment, or over the Contractor's method of deternaining prices, or over competitive bidding or market conditions,the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction � 4