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1985-057-RES WHEREAS, the City of Paris, has need for professional services and Black & Veatch Engineers-Architects,
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1985-057-RES WHEREAS, the City of Paris, has need for professional services and Black & Veatch Engineers-Architects,
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Last modified
8/18/2006 4:34:54 PM
Creation date
6/2/2005 12:55:58 PM
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CITY CLERK
Doc Name
1985
Doc Type
Resolution
CITY CLERK - Date
7/8/1985
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<br />ARTICLE XII - Termination of Agreement by Engineer <br /> <br />Engineer may, at any time, terminate this Agreement by giving ten <br />(10) days' written noti ce thereof to Owner for fa i 1 u re of Owner to <br />perform in accordance with the provisions of the Contract Documents or <br />for failure of Owner to provide with reasonable promptness such informa- <br />tion, decisions, fee payments or approvals as may be necessary to <br />prevent serious disruptions or prolonged delays in the work being <br />performed. <br /> <br />Should Engineer terminate the Agreement Owner shall pay to Engineer <br />all fees for direct labor costs and reimbursable expenses incurred or <br />unalterably obligated prior to the date of Engineer's notice of termina- <br />tion, It is specifically agreed that there shall be no claim or payment <br />for anticipated profit. If requested, Engineer shall cooperate with <br />Owner in orienting a new engineer with the design concepts, assumptions <br />and work performed up to date of termination, as necessary to insure an <br />adequate transition in engineering services and to provide continuity to <br />project concepts, <br /> <br />ARTICLE XIII - Additional Obligations of Engineer and Owner <br /> <br />In addition to the obligations of Owner and Engineer SEt forth <br />elsewhere throughout the Contract Documents, the pa rt i es hereto <br />ackn0wledge the following additional obligations and responsibilities: <br /> <br />Owner and Engineer acknowledge the relation of trust and confidEnce <br />established each to the other, and each party agrees to cooperate with <br />the other in every respect in forwarding ProjEct interests. Specifi- <br />cally, but without limitation, Engineer covenants with Owner to furnish <br />his best skill, care and judgment and at least the prevailing stand~rd <br />of skill, care and judgment expected of any professional engineer under <br />circumstances similar to those to be encountered on this Project, and to <br />cooperate with Owner in forwarding the interests of Owner. Engineer <br />acknowledges that Owner reserves the right by itself or through others <br />to provide to Engineer from time to time during the Project, suggested <br />forms and revi s ions for the Engi neeri ng Documents, Eng i neer further <br />acknowledges that it is charged with the total professional engineering <br />responsibility for the adequacy and sufficiency of each and every <br />Engineering Document and for all of the Engineering Documents taken as a <br />vlhole, which are released by Engineer as approved for construction <br />pursuant to the Scope of Work for this Project. <br /> <br />Additionally, Engineer acknowledges it has conducted prior analysis <br />in developing the Project and that Owner is relying on Engineer's <br />judgment and skill to des i gn Project to ach i eve the expected Project <br />results as these are identified in Appendix A, PrOject Description and <br />Scope of Work, attached hereto. <br /> <br />6 <br /> <br />~c_..._. "'.. <br />
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