Minutes - Sept. 17, 2012 Regular Meeting

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BK:00025 PG:0106 6. Standard of Care CONSULTANT provides no express or implied warranties or guarantees of any kind. CONSULTANT only agrees that the standard of care for all Services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of CONSULTANT's profession practicing under similar circumstances at the same time and in the same locality. 7. Notification of Breach or Delay CLIENT shall provide prompt written notice to CONSULTANT if CLIENT becomes aware of any fault, defect or delay in the CONSULTANT's work or the work of any subcontractor or subconsultant, including any error, omission or inconsistency in such work or any alleged breach of contract by CONSULTANT. The failure of CLIENT to provide such written notice within five (5) business days from the time CLIENT became aware of, or should have become aware of, the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against CONSULTANT arising out of such fault, defect, delay, error, omission, inconsistency or breach. 8. Certifications: CONSULTANT shall not be required to sign any documents, no matter by whom requested, that would result in CONSULTANT having to certify, guarantee or warrant the existence of conditions whose existence CONSULTANT cannot ascertain. CLIENT agrees not to make resolution of any dispute with CONSULTANT or payment of any amount due to the CONSULTANT in any way contingent upon CONSULTANT's signing any such certification or document. 9. Contractor's Work CONSULTANT shall not supervise, direct, or have control over Contractor's work, nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences, procedures, safety policies or practices selected by Contractor. Likewise, CONSULTANT shall have no responsibility or liability for jobsite safety or any failure of Contractor to comply with plans, specifications, laws, regulations, or other documents applicable to Contractor's Work. 10. Project Site Should CLIENT not be owner of the project site, then CLIENT agrees to notify the Owner(s) of the potential for unavoidable alteration of Owner's property and to indemnify and defend CONSULTANT against any claims by the Owner or persons having possession of the site through the Owner which are related to such alteration or damage. 11. Buried Utilities CLIENT, to the extent of its knowledge, will furnish to CONSULTANT information identifying the type and location of utilities and other man- made objects beneath the surface of the project site. 12. Documents and Records The CLIENT will furnish or cause to be furnished to the CONSULTANT such reports, data, studies, plans, specifications, documents and other information deemed necessary by the CONSULTANT for proper performance of the CONSULTANT's services. The CONSULTANT may rely upon the documents so provided in performing the services required under this Agreement; provided however that the CONSULTANT assumes no responsibility or liability for their accuracy. All Agreement for Professional Services Page 2 of 25 Lee County FY 2011 CDBG Scattered Site Housing Grant Administration