|
BOOK 21 P,GF 577
<br />13. Documents and Records: The CLIENT will furnish or cause to be furnished to
<br />the CONSULTANT such reports, data, studies, plans, specifications, documents and
<br />other information deemed necessary by the CONSULTANT for proper performance of
<br />the CONSULTANT's services. The CONSULTANT may rely upon the documents so
<br />provided in performing the services required under this Agreement; provided, however,
<br />that the CONSULTANT assumes no responsibility or liability for their accuracy. All
<br />documents, including, but not limited to, maps, drawings, specifications, reports, logs,
<br />field notes, laboratory test data, calculations and estimates, prepared by the
<br />CONSULTANT pursuant to this Agreement ("Records"), shall be the CONSULTANT's
<br />sole property. The CLIENT agrees that all documents of any nature furnished to the
<br />CLIENT or the CLIENT's agents or designees, if not paid for, will be returned upon
<br />demand and will not be used by the CLIENT for any purpose whatsoever. The CLIENT
<br />further agrees that under no circumstances shall any documents produced by the
<br />CONSULTANT pursuant to this Agreement be used at any location or for any project
<br />not expressly provided for in this Agreement without the CONSULTANT's prior written
<br />permission. Furthermore, no part of any document the CONSULTANT delivers to the
<br />CLIENT shall be reproduced or distributed, whether for advertising or any other
<br />purpose, without the CONSULTANT's prior written consent. Any use of the Records
<br />beyond the purpose for which they were created without CONSULTANT's written
<br />authorization will be at CLIENT's sole risk, and CLIENT shall indemnify, defend and
<br />hold harmless CONSULTANT against any and all claims, lawsuits, damages, expenses,
<br />penalties, fines, costs or other liabilities arising out of or resulting from such use.
<br />CONSULTANT will retain these Records for a period of five (5) years following
<br />completion of this project. During this time, CONSULTANT will reasonably make
<br />available the records to the CLIENT. CONSULTANT may charge a reasonable fee in
<br />addition to its professional fees for retrieving or copying such records. CLIENT shall rely
<br />only on hard copies of documents provided by CONSULTANT, and waives any claim
<br />against CONSULTANT for discrepancies between electronic versions and hard copies
<br />of documents.
<br />14. Opinion of Cost: Since CONSULTANT has no control over the cost of labor,
<br />materials, equipment of services furnished by others, or over methods of determining
<br />prices, or over competitive bidding or marker conditions, any and all opinions as to costs
<br />rendered hereunder, including but not limited to opinions as to the costs of construction,
<br />remediation and materials, are opinions only. CONSULTANT cannot and does not
<br />guarantee the proposals, bids or actual costs will not vary significantly from opinions of
<br />probable cost prepared by it. If at any time CLIENT wishes greater assurances as to
<br />the amount of any cost, CLIENT shall employ an independent cost estimator to make
<br />such determination. Services required to bring costs within any limitation established by
<br />CLIENT will be paid for as additional services hereunder by CLIENT.
<br />15. Change Orders: CONSULTANT will treat as a change order any written or oral
<br />order (including directions, instructions, interpretations or determinations) from CLIENT
<br />which request changes in the Services. CONSULTANT will give CLIENT written notice
<br />within ten (10) days of the change order of any resulting increase in fee. Unless
<br />CLIENT objects in writing within five (5) days, the change order becomes a part of this
<br />Agreement.
<br />Lee Count
<br />3
<br />Agreemenr Jar Professional Services - SnurereA Site //ouslny Project FY 06
<br />
|