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1 <br />CASS COUNTY GOVERNMENT ENGINEERING SERVICES AGREEMENT Project Numbers and Locations: CB2503 – C10 22/27 Tower Twp. & CH2503 – C10 From Tower City to State Highway 38 Type of Project: Bridge Replacement/Regrade <br /> Type of Construction: Right of Way Services THIS AGREEMENT is entered into by and between Cass County, herein after known as the County, and KLJ <br />Engineering, LLC, of West 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. II. <br /> The County will pay the Engineer as follows: A. Maximum Payment: The total contract cost not to exceed $184,000.00 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 schedule. IV. Duly authorized representatives of the County, North Dakota Department of Transportation, and Federal Highway Administration (FHWA) shall have right to inspect and copy the Engineer’s plans, files, and records relating to the work included in this agreement. All books, documents, papers, accounting records, and other evidence pertaining to the cost incurred under the agreement shall be retained by the Engineer and available for inspection by the County, North Dakota Department of Transportation, or FHWA for a period of three years after the date of final payment. The files and records shall be available in the Engineer’s office located at KLJ Engineering, LLC. V. The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the County and North Dakota Department of Transportation shall have the right to annul this agreement without liability, or to deduct from the agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. VI. No change in the type or extent of the work to be performed by the Engineer shall be made except by supplemental agreement in writing between the County and the Engineer. The supplemental agreement shall set forth the proposed changes of work, extension of time for preparation of the plans, and adjustment to the fee to be paid by the County to the Engineer, if any. On federal-aid participating projects any supplemental agreement must be approved by the North