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<br />The files and records shall be available in the engineer's office located at 2505 N. University Drive, Fargo, ND
<br />58105.
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<br />VII.
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<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
<br />company or person, other than bona fide employees working solely for the engineer, any fee, commission,
<br />percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of
<br />this agreement. For breach or violation of this warranty, the county and department 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
<br />amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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<br />VIII.
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<br />No change in the type or extent of the work to be perfonned by the engineer shall be made except by supplemental
<br />agreement in writing between the county and the engineer. The supplemental agreement shall set forth the proposed
<br />changes of work, extension of time for preparation of the plans, and adjustment to the fee to be paid by the county to
<br />the engineer, ifany. On federal-aid participating projects any supplemental agreement must be approved by the
<br />department.
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<br />IX.
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<br />This agreement may be tenninated by the county and department at any time upon written notice to the engineer. In
<br />the event that such tennination should take place before the completion of the work to be perfonned hereunder the
<br />county will pay the engineer the same percentage of the fee to be paid out as the completed work bears percentage
<br />wise to the total work to be perfonned under this contract. The original copies of all drawing, prints, plans, and field
<br />notes prepared by the engineer prior to said tennination shall become the property of the county. Such tennination
<br />shall not affect any legal right of the county against the engineer for any breach ofthis agreement.
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<br />X.
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<br />The engineer shall indemnify, save, and hold hannless the county and/or department and employees thereof, from
<br />any and all claims, demands, actions or causes of action arising out of the negligent acts, errors, or omissions of the
<br />engineer, his employees, or agent, in the perfonnance of the agreement, or matters incidental thereto.
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<br />Any and all persons employed directly or indirectly by the engineer who are engaged in the perfonnance of any work
<br />or services required ofthe engineer under this agreement shall be considered employees of the engineer only and not
<br />of the county and department.
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<br />The engineer shall comply with federal state and local laws together with all ordinances and regulations applicable to
<br />the work. He shall procure all licenses, pennits, and other rights necessary for the fulfillment of his obligations
<br />under this agreement.
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<br />The appropriate professional engineer (P.E.) and/or land surveyor (L.S.) endorsement shall be placed on all
<br />documents, plans, or plats.
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<br />XI.
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<br />The engineer shall comply with Title VI of the Civil Rights Act of 1964, Executive Order 112246 and Executive
<br />Order 11375. In accordance with the aforementioned act, no person in the United States shall, on the grounds of
<br />race, color, religion, sex, age, handicap, or national origin, be excluded from participation in, be denied the benefits
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