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Agmt16 Overland Pacific & Cutler
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Agmt16 Overland Pacific & Cutler
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Last modified
5/2/2019 9:11:07 AM
Creation date
10/20/2016 10:21:28 AM
Metadata
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Template:
Agreement
Contractor Name
Overland Pacific & Cutler, Inc.
PROJECT NAME
Relocation Assistance for Docktown
RMP File Number
304
Date
10/18/2016
MO Ref
16-178, 17-054, 18-153
Amendment
Yes
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option, shall immediately cause this Agreement to terminate. <br /> B. Subcontractors; Employees. Consultant shall be responsible for employing <br /> or engaging all persons necessary to perform the services of Consultant hereunder. No <br /> subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are <br /> deemed to be employees of the Consultant, and Consultant agrees to be responsible for their <br /> performance. Consultant shall give its personal attention to the fulfillment of the provisions of this <br /> Agreement by all of its employees and subcontractors, if any, and shall keep the work under its <br /> control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions <br /> of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it <br /> shall be discharged immediately from the work under this Agreement on demand of the Project <br /> Manager. <br /> 16. Insurance. Without limiting Consultant's indemnification provided herein, <br /> Consultant shall, at its own expense, procure and maintain insurance that complies with the <br /> requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated <br /> by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the <br /> amounts and terms of insurance as may be required from time-to-time by City's risk manager. <br /> 17. Termination of Agreement; Default. <br /> A. This Agreement and all obligations hereunder may be terminated at any <br /> time, with or without cause, by the City upon written notice to Consultant. <br /> B. If Consultant fails to perform any of its obligations under this Agreement <br /> within the time and in the manner herein provided or otherwise violates any of the terms of this <br /> Agreement, in addition to all other remedies provided by law, City may terminate this Agreement <br /> immediately upon written notice. In such event, Consultant shall be entitled to receive as full <br /> payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which <br /> bears the same ratio to the total fees specified in the Agreement as the services satisfactorily <br /> rendered hereunder by Consultant bear to the total services otherwise required to be performed for <br /> such total fee; provided, however, that the City shall deduct from such amount the amount of <br /> damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. <br /> C. In the event this Agreement is terminated by City without cause, Consultant <br /> shall be entitled to any compensation owing to it hereunder up to the time of such termination, it <br /> being understood that any payments are full compensation for services rendered prior to the time <br /> of payment. <br /> D. Upon termination of this Agreement with or without cause, Consultant shall <br /> turn over to the City Manager immediately any and all copies of studies, sketches, drawings, <br /> computations, and other data, whether or not completed, prepared by Consultant or its <br /> subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this <br /> Agreement. Such materials shall become the permanent property of the City. Consultant, however, <br /> shall not be liable for the City's use of incomplete materials nor for the City's use of complete <br /> documents if used for other than the project contemplated by this Agreement. <br /> 18. Suspension. The City shall have the authority to suspend this Agreement and the <br /> ATTY/AGR/2016.250/RELOCATION ASSISTANCE CONSULTANT AGREEMENT <br /> REV: 09-07-16 VR <br /> Page 7 of 18 <br />
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