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07-K Streetscape Contract Res
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August 13, 2001
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07-K Streetscape Contract Res
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Last modified
11/8/2005 11:25:22 AM
Creation date
8/10/2001 9:21:14 PM
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Template:
AGENDA
Item Number
7-K
AGENDA - Type
RESOLUTION
Description
Approve Streetscape Contract - Hayter Engineering
AGENDA - Date
8/13/2001
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10. <br /> <br />1Mr~tice~: Any notices to be given hereunder by either party to the other may be alt~cted either <br />by personal delivery, in writing, or by registered or certified mail. <br /> <br />~ole Partie~ and Entire AGREEIVll2N!T: This AGREEMENT shall not create any rights or <br />benefits to anyone except the OWNER and ENGINEER, and contains the entire agreement <br />between the parties. Oral modifications to ttgs agreement shall have no force or efl~ct. <br /> <br />Te×a~ 1 .aw tn Apply; ~qncce~nr~; (2nnqtnmtinn- This AGREEMENT shall be construed under <br />and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to <br />the benefit of, the parties hereto and their representatives, successors and assigns. Should any <br />provisions in this AGREEMENT later be held invalid, illegal or unenforceable, they shall be <br />deemed void, and this AGREEMENT shall be construed as if such provision had never been <br />contained herein. <br /> <br />Other Prnvi~innR' The parties hereto further agree as follows: <br /> <br />(a) <br /> <br />The ENGINEER has not been retained or compensated to provide design and <br />construction review services relating to any construction contractor's safety precautions <br />or to means, methods, techniques, sequences, or procedures required for the contractor <br />to perform his work, but not relating to the final or completed structure. The <br />ENGINEER does not in any manner guarantee the performance of the construction <br />contractors. <br /> <br />(b) <br /> <br />ENGINEER will strive to perform services hereunder in a manner consistent with that <br />level of care and skill ordinarily exercised by members of the profession currently <br />practicing in the stone locality under similar conditions. No other representation, <br />express or implied, and no warranty or guarantee is included or intended in this <br />AGREEMENT, or in any report, opinion, document, or othe~vise. <br /> <br />(c) <br /> <br />Amy opinion of the probable construction cost prepared by the ENGINEER represents <br />only his judgment as a design professional and is supplied for the general guidance of <br />the OWNER. Since the ENG1NEER has no control over the cost of labor and <br />material, or many other factors, the ENGINEER does not imply nor guarantee the <br />accuracy of such opinions. If the OWNER elects to redesign or rebid the project to <br />reduce costs, ENGINEER'S services for such rebidding or redesign shall be additional <br />services. <br /> <br />(d) <br /> <br />In recognition of the relative risks and benefits of the project to both the OWNER and <br />the ENGINEER, the risks have been allocated such that the OWNER agrees, to the <br />fullest extent permitted by law, to limit the liability of the ENGINEER and bis <br />subcontractors on the project for any and all claims, losses, costs, damages of any <br />nature whatsoever or claims expenses from any cause or causes, so that the total <br />aggregate liability of the ENGINEER and his or her subconsultants to all those named <br /> <br />3 of 10 <br /> <br /> <br />
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