Reso 2020-3110 - Laserfiche WebLink

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f finless the Soopa of Services of this Agreement includes an investigation into the appkable land use; zoning and Platting requirements for the Project, I ;C SULTANT shall proceed on the assumption that the Project as presented by CLIENT, is in aaordae wh applicable gaverndlen#a3 relations. D. Opinions of Cost Since CONSULTANT does not have control over the cost of labor, materiels, equipment or services frrmmishsd by others or their methods of determining pries, competitive bidding, market conditions, any and aq opinions as to costs rendered hereunder, inducing, but not limited to, opinions as to the costs of construction and materials, shall be made solely on the basis of its experience and qualifications and represent only a rough estimate bused upon its €amitiauity with the coiistruction industry. CONSULT -ANT canna and does not guarantee that proposals; bids or actual costs will not vary from opirrloris of probable cost. ff WENT wishes greater assurance as to the amount of any oast, CLIENT will employ an independent coat estimator to make such doterrriination. Engineering services required to bring rests v in any limitation astablishad by CLIENT YAl be paid for as additonal services he?eunder by CLIENT. If the services under this Agreement continue for a period of mom ton one (t) year from the notice to proceed, CONSULTANT shit but ihtitled to renegotiate an irtcrea§e in its fee relative to this 4gr menL -CONSULTANT sh-an not be bound under this- Agreement if modifications to & terms contained €ierein are rbade without the written consent of COWSULTANT (such consent to be signified by �N�t:6i=Ti4fV` S trill&ls next to each moth ication, and ff a linty Executed copy hereof is -not We.!vecl -frofn CLIENT by CONSULTANT" on or Wfore sixty (60) calandar days from the date of execution by CONSULTANT. E. Termihati6h. In event of a maters failure by ifs other party to perform in accordance with the terrris of this AgT.r I diit, this A�rer:rrtbnt may be terminated by provirtirig the breaching party written notice which shall cl arly P.t,forth the material breach and provide five (5) businesb days to cane. For the purpose of this Apirherit, 0.6 faifure to pay any invoice sut�rnged by C�1NSULTANT within sixty (60) days of Ifs +date of said invbice shall be 6rAsid6tec a mateiidl brdach on behalf of CLIENT. In the event of any, temina4gnn, WNSLI.LTANT.shall -fie paid for all services rendered to the date of teftinatlon including off MirnbV&ble expo`=.visas. CLIENT may terminate this Agreement for convenience upon fine (5) bushess'day rivficua to CONSULTANT, p6ftent ter riff setons rbndered to tfre date of lermiriafion arxd f=ifteen (15) -pemfqerO of CONSULTANT s remaining fee. E. Lf&14: CONSULTANT iws protected by Worm's 'Compbrisa#ion Insumhoe, Professional Liafiiit + Irtsuranee and by'Publfc 1.04ft Insu' nce for bodily injury and Property carriage arra wtil furnish cerlf blas of tiisurance iipon request, CONSULTANT agrees to hold CLIENT harmless from loss, -damage, irijury or fiabjity arising solely from tiie nogligent am or omission of CONSULI`ANT, its erhployees, agents, PmfaWorha9 ServiDes Agfes ani 'project dams: IJt1W UndeTgmun Un6 g prcjFl Locellon, sumwf teles eeach, rt .M KITH :end S MMAL RS, F A., K&S PrOPmt Na_'P__WWMK MOiNEERS, PUNMERS, SURVEYORS 5, 2013