|
<br />VII.
<br />
<br />The engineer warrants that he has not employed or retained any company or person, other than a bona tide 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 tide 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.
<br />
<br />VIII.
<br />
<br />No change in the type or extent of the work to be performed 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 tor preparation of the plans, and adjustment to the fee to be paid by the county to
<br />the engineer, if any. On federal-aid participating projects any supplemental agreement must be approved by the
<br />department.
<br />
<br />IX,
<br />
<br />This agreement may be terminated by the county and department at any time upon written notice to the engineer. In
<br />the event that such termination should take place before the completion of the work to be performed 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 performed under this contract. The original copies of all drawing, prints, plans, and field
<br />notes prepared by the engineer prior to said termination shall become the property of the county. Such termination
<br />shall not affect any legal right of the county against the engineer tor any breach ofthis agreement.
<br />
<br />X,
<br />
<br />The engineer shall indemnify, save, and hold harmless the county and/or department and employees thereot: trom
<br />any and all claims, demands, actions or causes of action arising out oFthe negligent acts, errors, or omissions oftl1e
<br />engineer, his employees, or agent, in the performance of the agreement, or matters incidental thereto.
<br />
<br />Any and all persons employed directly or indirectly by the engineer who are engaged in the performance of any work
<br />or services required of the engineer under this agreement shall be considered employees ofthe engineer only and not
<br />of the county and department.
<br />
<br />Thc engineer shall comply with fcderal state and local laws together with all ordinances and regulations applicable to
<br />the work. He shall procure all licenses, permits, and other rights necessary tor the fulfillment of his obligations
<br />under this agreement.
<br />
<br />The appropriatc professional engineer (P.E.) and/or land surveyor (L.S.) endorsement shall be placed on all
<br />documents, plans, or plats.
<br />
<br />XI.
<br />
<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
<br />of: or be otherwise subjected to discrimination under this agreement.
<br />
<br />XII.
<br />
<br />J:\^dmin-Eng\PROJECTS\CIO Turnlunes C23 North End\Corrcspondcncc\Engin. Agreement.Houslon fng CIO N End ofC23.doc
<br />3
<br />
|