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CASS COUNTY GOVERNMENT ENGINEERING SERVICES AGREEMENT <br /> Project Numbers and Locations: TB 1701—26/35 Walburg Township—Maple River <br /> TB 1704—25/36 Walburg Township—Maple River <br /> TB 1705—35/36 Walburg Township—Maple River <br /> CB 1702—17/18 Durbin Township—Swan Creek Tributary <br /> TB 1803— 18/19 Durbin Township—Swan Creek Tributary <br /> Type of Project: Hydraulic Reports <br /> Type of Construction: Bridge Replacement <br /> THIS AGREEMENT is entered into by and between Cass County,herein after known as the County,and Houston <br /> Engineering,Inc.of Fargo,North Dakota hereinafter known as Engineer. <br /> I. <br /> The Engineer shall perform the needed detailed construction design services only per Request for Proposal. <br /> I 1. <br /> The County will pay the Engineer as follows: <br /> A. Maximum Payment:The total contract cost to be per attached standard hourly rates not to exceed$16,662.00 <br /> unless changed according to Section VI. <br /> III. <br /> The work under this agreement shall be performed as required to meet the project requirements and the contractor's work <br /> schedule. <br /> IV. <br /> Duly authorized representatives of the County,North Dakota Department of Transportation,and Federal Highway <br /> Administration(FHWA)shall have right to inspect and copy the Engineer's plans,files,and records relating to the work <br /> included in this agreement. <br /> All books,documents,papers,accounting records,and other evidence pertaining to the cost incurred under the agreement <br /> shall be retained by the Engineer and available for inspection by the County,North Dakota Department of Transportation, <br /> or FHWA for a period of three years after the date of final payment. <br /> The files and records shall be available in the Engineer's office located at Houston Engineering,Inc. <br /> V. <br /> The Engineer warrants that he has not employed or retained any company or person,other than a bona fide employee <br /> working solely for the Engineer,to solicit or secure this agreement,and that he has not paid or agreed to pay any company <br /> or person,other than bona fide employees working solely for the Engineer,any fee,commission,percentage,brokerage <br /> fee,gifts,or any other consideration contingent upon or resulting from the award or making of this agreement. For breach <br /> or violation of this warranty,the County and North Dakota Department of Transportation shall have the right to annul this <br /> agreement without liability,or to deduct from the agreement price or consideration or otherwise recover the full amount of <br /> such fee,commission,percentage,brokerage fee,gift or contingent fee. <br /> 1 <br />