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O-2006-2951
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O-2006-2951
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Last modified
7/5/2019 4:35:43 PM
Creation date
5/10/2008 5:43:43 PM
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Legislative Records
Legislative Type
Ordinance
Date
10/23/2006
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4.11 TERMINATION/SUSPENSION: Either party may terminate this Agreement upon thirty <br />(30) days written notice to the other party. The OWNER shall pay ENGINEER for all Services <br />actually rendered prior to termination. Copies of all completed or partially completed designs, <br />drawings, specifications, reports or any other document prepared by ENGINEER pursuant to this <br />Agreement shall be delivered to the OWNER within fourteen (14) days of the effective date of <br />termination, at no additional cost to the OWNER. In the event either parry defaults in its <br />obligations under this Agreement (including the OWNER's obligation to make the payments <br />required hereunder), the non -defaulting party may suspend performance under this Agreement <br />after seven (7) days written notice stating its intention to suspend performance under this <br />Agreement if sure of such default is not commenced and diligently continued. <br />SECTION 5 - PAYMENTS TO ENGINEER <br />5.1 Compensation for all services by the ENGINEER shall be in accordance with one of the <br />methods outlined below and specifically noted in each written assignment detailed in accordance <br />with this agreement. <br />5. 1.1 Percentage of Construction <br />5.1.1.1 In this method of arriving at the ENGINEER's compensation, the fee shall be based on a <br />mutually agreed fee percentage of the construction cost or ENGINEER's estimate of probable <br />construction cost. The fee is obtained by multiplying the fee percentage by the construction cost. <br />5.1.1.2 For project(s) that involve a greater degree of complexity, utilities coordination and <br />design consideration, such as work within existing treatment facilities, the percentage shall also <br />be multiplied by an adjustment factor as mutually agreed by the OWNER and ENGINEER. <br />-14- <br />
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