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12000000063 Contract
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12000000063 Contract
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Last modified
12/29/2015 1:25:35 PM
Creation date
2/5/2014 2:00:42 PM
Metadata
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Loan Projects
Contract/PO #
12000000063
Contractor Name
Farmers High Line Canal and Reservoir Company
Contract Type
Grant
Water District
7
County
Jefferson
Loan Projects - Doc Type
Contract Documents
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DEERE AND AULT CONSULTANTS, INC. <br /> STANDARD PROVISIONS OF AGREEMENT FOR PROFESSIONAL SERVICES <br /> The Client and D&A agree that the following provisions shall be part of their Agreement: <br /> I. Neither the Client nor D&A shall assign its interest in this Agreement without the written consent <br /> of the other. <br /> 2. Only the services clearly stated in the "Description and Scope of Services To Be Provided By <br /> D&A" section of this Agreement shall be performed for the fees stated in this Agreement. If Client requests <br /> additional or changed services,D&A shall notify the Client in writing of any additional fees and shall receive written <br /> approval to provide such services for the additional fees. D&A shall have the right to accept or reject any request for <br /> additional or changed services. <br /> 3. D&A's performance hereunder is contingent upon the absence of, and D&A shall not be <br /> responsible for, or be in default hereof, or be deemed to be in default,by reason of delays in performance by reason <br /> of, strikes, lock-outs, accidents, "acts of God," and other delays unavoidable or beyond D&A's reasonable control, <br /> or due to shortages or unavailability of labor at established area or delays caused by failure of the Client or the Client's <br /> agent to furnish information or to approve or disapprove D&A's services promptly or due to late or slow, or faulty <br /> performance by the Client,other contractors,or governmental agencies,the performance of whose work is precedent <br /> to or concurrent with the performance of D&A's services. In the case of the happening of any such delay,the time <br /> of completion shall be extended accordingly. <br /> 4. In the event that any changes are made in the plans and specifications by the Client or persons <br /> other than D&A that affects D&A's performance of services, any and all liability arising out of such changes is <br /> waived as against D&A and the Client assumes full responsibility for such changes unless the Client has given D&A <br /> prior notice and received from D&A written consent for such changes. <br /> 5. D&A is not responsible, and liability is waived by the Client as against D&A, for use by the <br /> Client or any other person,of the plans or drawings not marked final and signed by D&A. <br /> 6. All tracings. survey notes. and other original documents are instruments of service and shall <br /> remain the property of D&A, except where by law or precedent these documents become public property. The <br /> Client will be provided reproducible copies as required. <br /> 7. D&A's liability to the Client for injury or damage to persons or property arising out of the work <br /> performed for the Client and for which legal liability may be found to rest upon D&A, other than for professional <br /> negligence,will be limited to$100.000. For any damage on account of professional negligence D&A's liability will be <br /> limited to a sum not to exceed the fee paid to D&A. This limitation on recovery for negligence is a knowing and <br /> voluntary limitation made by the Client. <br /> 8. The Client shall be presented an itemized billing at such times as set forth in this Agreement and <br /> the net amounts shall be due at the time of billing. <br /> 9. Interest of 1-1/2% per month (but not exceeding the maximum rate allowable by law) will be <br /> payable on any amounts not paid within 30 days of the billing date. Payment thereafter will be applied first to accrued <br /> interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred in collecting any <br /> delinquent amount shall be paid by the Client. <br /> 10, The Client shall pay the costs of checking and inspection fees, zoning and annexation application <br /> fees. assessment fees, soils engineering fees, soils testing fees, aerial topography fees. and all other fees, permits, <br /> bond premiums. title company charges. blueprints and reproductions and all other charges not specifically covered <br /> by the terms of this Agreement. D&A shall bill these fees and charges at cost plus 10%. <br /> - 6- <br />
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