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Mr. Paul Abbott CTA Proposal No. 2020-H07.064 (Revised) March 5, 2020 Page 4 Lump Sum Fees The Lump Sum Fees set forth above are applicable for the period of four years as identified in RFQ No. 18-08-01 from the date of this proposal. If the work on any item to which a lump sum fee shall apply is not commenced within said period, the firm reserves the right to terminate this Agreement as it relates to said item. If the work is initiated but not concluded within said period, regardless of the reason therefore, the balance of the fee due may be increased at the rate of one percent (1%) per month for each month the work continues until the work is complete or as mutually agreed to by the City and Craven Thompson & Associates. Cost Estimates In that our firm does not have control over the cost of labor and materials, or over competitive bidding and marketing conditions, the estimates of construction costs provided by our firm will be made on the basis of our experience and qualifications, but our firm does not guarantee the accuracy of•the estimates of probable cost as compared to the contractor's bids. The firm recommends that you consult with the other professionals which you have employed in connection with the project. Ownershlo of Documents All documents Including, but not limited to, drawings and specifications prepared in connection with the project constitute the work product of the firm and a portion of the instruments of service with respect to the project. Such documents and/or specifications constitute a portion of the integral services provided by the firm and, as such, are not intended or represented to be suitable for reuse by you or others or for extensions of the project or in connection with any other project. The firm specifically disclaims any responsibility and/or liability for or in connection with the reuse of such documents and/or specifications or any use thereof beyond the scope of the Project as set forth herein. By your execution of this proposal, you agree to indemnify and hold the firm harmless from all claims, damages, losses and expenses including, but not limited to, attorney's fees arising out of or resulting from the reuse or extended use of such documents or specifications. Permits and Approvals The permits and agency approvals mentioned above are those known to us to be required for projects of this kind, and we will apply for them as indicated. However, our experience has shown us that agencies and regulatory authorities do not always communicate new regulations and legislation properly and that the enforcement of policies can vary. The Client is therefore cautioned that additional permits or approvals other than those presently identified may be required. Should this arise, we will notify you and respond promptly to the requirement. Construction Requirements At the time that the firm is authorized by you to perform professional engineering services involving design plans and permit requiring approval by governmental agencies, the firm will be required to provide certificates.of compliance to those agencies with regard to.the performance of certain aspects of the work, which performance will be rendered by others. It will be necessary, therefore, for the firm to perform full-time observation regarding some items and to make periodic site visits for other items to determine whether or not the improvements are in "substantial compliance" with the relevant contract documents. It shall be your responsibility to notify the firm of the commencement of any work so that the firm may perform the necessary inspections and observations. The amount of time required for such Inspections and observations and for the completion of the applicable certifications will be dictated by the performance of the contractor. Moreover, and in addition to the required site visits, the firm must also preOafe @Rd review the as -built drawings during and at the end of the construction period. AI!-ef the seMees deGffibed iR this pffaffaph constitute "e)ctFa WOF10, unless etheiwise speeifleally set feFth In the "Scope of Sewiees". The cest of picaviding these seFyiees is net Ineluded iR the Lump Sum fee, unless specifically indicated. The firm shall not be responsible for the quality or quantity of the work, the execution thereof, the techniques or sequences of construction, the safety and security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith. in performing the services required of it, the firm will use that r ;:degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in _4 --the same -or similar L2cality._-N.o_other._w..ar.ranty,..express.°.or.-Implied,. Is.ma.de..or-intended-by-the-firm-by.-virtue-of-the-------.—.---.••.- kundertakings dr of its performance of the service hereunder. Absent bad faith;in the performance of the work hereunder, the tfirm shall not be liable for any damages resulting from misfeasance in the performance of any work with regard to the project. j No person other than you shall have the right•to rely on the expertise of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum hereof in the public records of the County. CRKNEN•1HOWIPSON & ASSOCINES INC