Agenda - Council - 04/11/2000 - Laserfiche WebLink

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03/31/00 1~:$4 FAI $07 625 4177 BOLTON & ~t~NK ~ uuu/u~u with the use and occupancy o£thc Project by CLIENT and others; however, such documents are not intended or reprcsented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any rouse without written verificatio~ or adaption by CONSULTANT for the specific purpose intended will be at CLIENT'S sole risk and without liabLlity or legal exposure to CONSULTANT and CLIENT shall indomnify and hold harmless CONSULTANT Dom all claims, damages, Josses and expenses including attorney's ~es arising oat of or resulting therefrom. E. OPEN'IONS OK ESTIMATES OF CONSTP,.UCT[ON COST If included as a scrvice by exhibit, the CONSULTANT will fin'~i~ construction cost estimates as stated herein. Cost estimates will be based upon public construction cost information. Since the CONSULTANT has no con=ol over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost est[mates are opinions for general information of the CLIENT and no warranty or ~arautee as to tho accuracy of construction cost estimates is made. Thc CLII~T agrees that costs for project financing shall be based upon actual, competifivo bid prices w~th reasonable contingencies. F. PAYMENTS PAYMENT to thc CONSULTANT will be made by the CLIENT w~thin thirty days after receipt of the CONSULTANT'S invoice. If the CLIENT has a dispute regarding an invoice submitted by the CONSULTANT, a thirty da), pcfiod for resolving the dispute will be rrrovided. A service charge of OhO ~d on~ 'half percent (I.5%) per month or maximun~ rate permitted by law, whichever is less, will be charged on any unpaid balances after thirty days a/let the receipt of the CONSULTANT'S invoice by the CLIENT or af~,r the additional thirty days if an invoice is in dispute. In addition, CONSULTANT may, aR~ giving thirty days' written notice to CL .rENT, suspend services under this Agreement with CONSULTANT until CONSULTANT has bec~ paid in full all amounts due for sorvices, expenses and charges. G, TERMTNATION This Agreement may be terminated by either p=ty upon sixty (60) days written notice. In the event o£ termination, there shaJ] be no further obligation of the CLIENT to the CONSULTANT under G!s Agrccment, except for payment of amount duo and owing for work performed to the date and time of termination, computed in accordance with Section ITl of this A~eement. H. CONTINGENT FEE The CON S ULTAlqT warrants that it has not employed or retained any company or person, other than a bona fide employee work/ng solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, ~ or any other consideration, contingent upon or resulting from award or making of this Agreement. Page 4 of 8 I I I 1 I I i I I I I I i I I I I I