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Agmt19 Donald M. Duggan dba Skyrak Engineering Services
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Agmt19 Donald M. Duggan dba Skyrak Engineering Services
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2/25/2019 9:33:16 AM
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2/25/2019 9:33:06 AM
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Agreement
Contractor Name
Donald M. Duggan dba Skyrak Engineering Services
PROJECT NAME
Seismic Upgrade of Peninsula Tank No. 2 updae and completition of design seervices and cosultant services during bid
RMP File Number
304.5
Date
2/21/2019
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have no interest, present or contemplated, in the projects affected by this Agreement. <br />Consultant further warrants that neither Consultant, nor Consultant's agents, <br />employees, subcontractors and consultants have any ancillary real property, business <br />interests or income that shall be affected by this Agreement or, alternatively, that <br />Consultant shall file with City an affidavit disclosing this interest. <br />18. General Compliance with Laws. Consultant will keep fully informed of federal, <br />state and local laws and ordinances and regulations which in any manner affect those <br />employed by Consultant, or in any way affect the performance of the Services by <br />Consultant. Consultant will at all times observe and comply with these laws, <br />ordinances, and regulations and will be responsible for the compliance of Consultant's <br />Services with all applicable laws, ordinances and regulations. <br />19. Discrimination and Harassment Prohibited. Consultant will comply with all <br />applicable local, state and federal laws and regulations prohibiting discrimination and <br />harassment. <br />20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br />perform the Services, City may terminate this Agreement for nonperformance by <br />notifying Consultant in writing pursuant to the notice provisions of this Agreement. <br />If City decides to abandon or postpone the work or services contemplated by this <br />Agreement, City may terminate this Agreement upon written notice to Consultant <br />pursuant to the notice provisions of this Agreement. Termination will be effective <br />immediately upon notification. <br />Either Party upon tendering thirty (30) days written notice to the other party may <br />terminate this Agreement. <br />Within 10 days of termination Consultant will assemble the work product without charge <br />and put it in order for proper filing and closing and deliver it to City. Consultant will be <br />paid for work performed up to the termination date; however, the total will not exceed <br />the lump sum fee payable under this Agreement. City will make a determination of final <br />payment based upon the value of the work product delivered to City and the percentage <br />of the services performed. <br />21. Covenants against Contingent Fees. Consultant warrants that Consultant has <br />not employed or retained any company or person, other than a bona fide employee <br />working for Consultant, to solicit or secure this Agreement, and that Consultant has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any <br />fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br />upon, or resulting from, the award or making of this Agreement. For breach or violation <br />of this warranty, City will have the right to annul this Agreement without liability, or, in its <br />discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br />the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br />fee. <br />Page 6 of 11 <br />REV: 02-11-19 PR <br />ATTY/AGR.2019.035/Donald M Dugan Skyrak Engineering Services <br />
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