R2003-88 AUTHORIZING THE EXECUTION OF CONSULTING SERVICES AGREEMENT

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� approve, comment, or to provide any decision or direction, such approval, comment, decision or direction shall be provided within a reasonable time within the context of the schedule for the Services ("Project Schedule"). ' 5.4 CLIENT shall obtain,where applicable,the following: 5.4.1 All published advertisements for bids; 5.4.2 All permits and licenses that may be required of CLIENT by local, State, or Federal authorities; 5.4.3 All necessary land,easements, and rights-of-way; 5.4.4 All items and services not specifically covered by the terms and conditions of this Agreement. 5.5 CLIENT shall pay for any costs associated with the above items. 6 CONSULTANT'S RESPONSIBILITIES � 6.1 Mr. T. Joe Johnson shall be the project manager for the performance of the Services. If, for any reason, Mr. Johnson is not able to perform as project manager, CLIENT has the right to interview and select a replacement project manager from CONSULTANT'S professional staff. 6.2 CONSLTLTANT shall perform the Services as an independent contractor and not as CLIENT's agent or employee. CONSULTANT shall be solely responsible for the compensation,benefits, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional consultants performing the same or similar services at the time and location said Services are performed. CONStILTANT will re-perform any Services not meeting this standard without additional compensation 6.4 CONSULTANT may, during the course of its Services, prepare opinions of the cost of construction. CLIENT acknowledges, however, that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or market conditions or other factors affecting the cost of the construction and the operation of the facilities,the design of which is contemplated by this Agreement, all of which are and will unavoidably remain in a state of change. CLIENT therefore acknowledges that CONSLJLTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, project construction costs, or cost of operation or maintenance will not vary substantially from its cost estimates. 6.5 When CONSULTANT provides on-site monitoring personnel during construction as part of its Services, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. The providing of on-site monitoring personnel will not, however, cause CONSiJLTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for perfornung the construction in accordance with the contract documents. 6.6 In addition to or in lieu of on-site personnel, CONSLTLTANT's off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT 3 Consulting Services(CPFF)(Rev.1-14-2003)