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12. That payment by the CITY in accordance with Sections 2, 3, 4 and 5 of THE CITY AGREES <br /> will be considered as payment in full for all services rendered in accordance with this <br /> AGREEMENT. <br /> 13. That he is qualified technically and is entirely conversant with the design standards and <br /> policies applicable to the IMPROVEMENT; and that he has sufficient,properly trained, <br /> organized, and experienced personnel to perform the services enumerated herein. <br /> 14. That no work shall be commenced by the ENGINEER prior to issuance by the CITY of a <br /> written Notice to Proceed, but that work shall be started within ten (10) days after receipt of <br /> such Notice. <br /> 15. This AGREEMENT may be terminated by the CITY upon giving 15 days notice in writing to <br /> the ENGINEER at his last known post office address. Upon such termination,the ENGINEER <br /> shall cause to be delivered to the CITY, all drawings, specifications,partial and completed <br /> jestimates,and data, if any, from soil survey and sub-surface investigations with the <br /> understandingthat all such material becomes the property of the CITY. The ENGINEER shall <br /> be paid for any services completed and any services partially completed in accordance with <br /> Section 3 of THE CITY AGREES. <br /> 16. That he and his subcontractors will maintain all books documents a ers accountin <br /> , ,P P , 9 <br /> records, and other evidence pertaining to cost incurred and will make such materials available <br /> at their respective offices at afl reasonable times during the AGREEMENT period and for three <br /> years from the date of final payment under this AGREEMENT,for inspection by the CITY, and <br /> copies thereof shall be furnished if requested. <br /> THE ENGINEER WARRANTS that he has not employed or retained any company or persons, <br /> other than a bona fide employee working solely for the ENGINEER, to solicit or secure this <br /> AGREEMENT, and that he has not paid or agreed to pay any company or person, other than <br /> a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, <br /> brokerage fee, gifts, or any other consideration,contingent upon or resulting from the award <br /> or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have <br /> the right to annul this AGREEMENT without liability, or in its discretion to deduct from the <br /> AGREEMENT price or consideration,or otherwise recover, the full amount of such fee, <br /> commission, percentage, brokerage fee, gift or contingent fee. <br /> 17. During the perFormance of work under this AGREEMENT the ENGINEER, for himself, his <br /> assignees and successors in interest agrees to conform to the requirements of "Exhibit A - <br /> Equal Employment Opportunity" attached hereto and made a part hereof. The words <br /> "CONTRACT"and "CONTRACTOR,"in the exhibit shall be interpreted to mean "AGREEMENT" <br /> and "ENGINEER"respectively. <br /> THE CITY AGREES, <br /> 1. To furnish the ENGINEER with all presently available survey data and information, including <br /> Standard Specifications adopted by the CITY and other available data useful to the work to <br /> be done by the ENGINEER. <br /> 2. To pay the ENGINEER as compensation for all services rendered in accordance with Section <br /> 1 (exclusive of 1n and the cost of additional Contract Documents as noted in subsection 1j <br /> under THE ENGINEER AGREES of this AGREEMEN�, a lump sum amount of $ 58.500.00. <br /> 4 <br />