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AG19890713
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AG19890713
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Last modified
3/28/2003 9:14:25 AM
Creation date
2/7/2003 11:29:59 AM
Metadata
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/13/1989
Board
Board of Commissioners
Meeting Type
Regular
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Part V - General Conditions <br /> <br /> All invoices for engineering services will be due within thirty <br /> (30) days after the date of the invoice and no part shat1 be <br /> withheld on account of de)ays or performance of Contractor, or to <br /> cover the cost of work not specified but which the Owner may <br /> consider necessary or desirable. <br /> <br /> The Owner will provide such Legal, accounting and insurance <br /> counseling services as may be required for the project. <br /> <br /> In accepting this Proposal, the Owner accepts all parts thereof, <br /> but performance of each Part shall be initiated as directed by <br /> the Owner in writing for each miscellaneous project. <br /> <br /> The plans and specifications will be completed by the Engineer <br /> within a reasonble time. If the Owner wishes to terminate this <br /> contract before final plans and specifications are completed, the <br /> Owner must inform the Engineer in writing to terminate ail work <br /> on the project. The Owner will pay the Engineer on an hourly <br /> basis for all work completed. <br /> <br /> Since the Engineer has no control over the cost of labor, <br /> materials or equipment, or over the Contractor's methods of <br /> determining prices, or over competitive bidding or market <br /> conditions, the estimates of construction cost provided for <br /> herein are to be made on the basis of his experience and <br /> qualifications and represent his best judgment as a design <br /> professional familiar with the construction industry, but the <br /> Engineer cannot and does not guarantee that bids or the.project <br /> construction cost will not vary from cost estimates prepared by <br /> him. <br /> <br /> lO THE FULLEST EXTENT PERMIIIED BY LAW, THE TOTAL <br />PROFEssIONAL LIABILITY IN THE AGGREGATE, OF ENGINEER AND <br />ENGINEER'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND <br />INDEPENDENT PROFESSIONAL ASSOCIATES AND CONSULTANTS, AND ANY OF <br />THEM, TO OWNER AND ANYONE CLAIMING BY, THROUGH OR UNDER OWNER, <br />FOR ANY AND ALL INJURIES, CLAIMS. LOSSES, SERVICES, THE PROJECT <br />OR THIS AGREEMENT FROM ANY CAUSE OR CAUSES WHATSOEVER. INCLUDING <br />BUT NOT LIMITED TO, THE NEGLIGENCE, ERRORS, OMISSIONS, STRICT <br />LIABILITY OR BREACH OF CONTRACT OF ENGINEER OR ENGINEER'S <br />OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR INDEPENDENT <br />PROFESSIONAL ASSOCIATES OR CONSULTANTS, OR ANY OF THEM SHALL NOT <br />EXCEED THE TOTAL AMOUNT OF $250,000.00o <br /> <br />ACCEPTED BT OWNER ACCEPTED BY ENGINEER~-~ <br /> <br />~;~;-~T-E~E~T-6~f;~ ..... w.E. Cochran, Jr., <br />Cabarrus County Commissioners President <br /> W. Ear] Cechran & Son, Inc. <br /> <br /> <br />
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