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Res 1991-020
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Res 1991-020
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7/12/2007 4:38:38 PM
Creation date
7/12/2007 4:38:38 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1991-20
Date
2/11/1991
Volume Book
101
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<br />take reasonable measures and precautions to minimize damage to the site <br />and any improvements located thereon as the result of its work or the <br />use of its equipment; however, P.S.I. shall not be required to restore <br />the site to its former condition. <br />2.5 DAMAGE TO EXISTING MAN-HADE OBJECTS OWNER agrees to hold P.S.I. <br />harmless from all claims, costs and expenses occurring or with respect <br />to P.S.I.'s performance of its work and arising from subsurface or <br />latent conditions or damage to subsurface or latent objects, <br />structures, lines or conduits where the actual or potential presence <br />and location thereof was not revealed to P.S.I. by OWNER. <br />2.6 RESPONSIBILITY P.S.I.'S work shall not include determining, <br />supervising or implementing the means, methods, techniques, sequences <br />Jr procedures of construction. P.S.I. shall not be responsible for <br />3valuating, reporting or affecting job conditions concerning health, <br />safety or welfare. P.S.I.'s work or failure to perform same shall not <br />in any way excuse any contractor, subcontractor or supplier from <br />performance of its work in accordance with the contract documents. <br />2.7 SAMPLE DISPOSAL Unless otherwise agreed, test specimens or <br />samples will be disposed of by P.S.I. immediately upon completion of <br />the test. All drilling samples or specimens shall be disposed of <br />sixty (60) days after the submission of P.S.I.'s report. <br />2.8 WARRANTY All warranties contained in this agreement are in lieu <br />of all other warranties or representations, either express or implied. <br />Statements made in P.S.I.'S reports are opinions based upon engineering <br />judgement and are not to be construed as representations of fact. <br /> ARTICLE 3 <br /> PAYIIENTS TO TIlE COBSULTAlfI' <br />3.1 OWNER shall be invoiced once each month for work performed during <br />the preceding period. OWNER agrees to pay each invoice within thirty <br />(30) days of its receipt. The OWNER further agrees to pay interest on <br />all amounts invoiced and not paid or objected to for valid cause within <br />the thirty (30) day period at the rate of eighteen (18) percent per <br />3.nnum (or the maximum interest rate permitted under applicable law, <br />Nhichever is the lesser) until paid. <br />3.2 PROJECT SUSPENSION OR TElUUlIATION P.S.I.'s services will be <br />accomplished in a timely, professional manner by P.S.I. personnel at <br />the prices quoted. If P.S.I. is required to delay commencement of the <br />work or if, upon embarking upon its work, P.S.I. is required to stop or <br />interrupt the progress of its work as a result of changes in the scope <br />of the work requested by the OWNER, to fulfill the requirements of <br />third parties, interruptions in the progress of construction, or other <br />causes beyond the direct reasonable control of P.S.I., additional <br />charges may be applicable and payable by OWNER. <br /> ARTICLE 4 <br /> TERJUlIATIOII OF AGREEIŒII'T <br />4.1 This Agreement may be terminated by either party upon fifteen (15) <br />days prior written notice. <br />
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