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LASS COUNTY GOVERNMENT ENGINEERING SERVICES AGREEMENT Project Numbers: TB0705 Location: Cass County -Sections 12/13 of Empire Township Length: N!A Type of Construction: Structure Replacement TRIS AGREEMENT is entered into by and between Cass County, hereinafter known as the County, and Houston Engineering, Inc. of Fargo, North Dakota hereinafter known as Engineer. The Engineer shall perform the needed Preliminary and Design Engineering Services per letter attached dated May 20, 2009. II. The County will pay the Engineer as follows: A. Maximum Payment: The total contract cost to be per standard hourly rates not exceed $13,150.00 unless changed according to Section VI. B. All salaries and expenses shall be reimbursed at the rates on the attached quote dated May 20, 2009 for actual working time on the project. III. 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 Houston Engineering. 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 khan bona fide employees working solely for the Engineer, any fee, commission,