R2001-165 AUTHORIZING THE EXECUTION OF A DESIGN PROFESSIONAL SERVICES AGREEMENT

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� . reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by Owner or third parties retained by Owner. ARTICLE 4—COMPENSATION Payment shall be due and payable upon receipt by Owner to Design Professional in accordance with Attachment B, Compensation. In the event Owner disputes any invoice item, Owner shall give Design Professional written notice of such disputed item within ten (10) days after receipt of such invoice and shall pay to Design Professional the undisputed portion of the invoice according to the provisions hereof. ARTICLE 5 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in this Article, and Attachment C,Additional Owner's Responsibilities. 5.1 Obtain all permits and licenses required to be taken out in the name of Owner which are necessary for the performance of the Services; 5.2 Provide Design Professional with all specifications necessary for the completion of the Services; ' S.3 Provide Design Professional with soil data evidencing that the site is clean and free of above ground and underground obstructions, fissures, faults and other similarly hidden features which will interfere with the completion of the Services; 5.4 Advise Design Professional of the existence and undertake the abatement and disposal of all hazardous materials, including, but not limited to, asbestos, polychlorinated biphenyls (PCBs) and radioactive material and other toxic substances, encountered by Design Professional in the performance of the Services; and 5.5 Appoint an individual who shall be authorized to act on behalf of Owner, with whom Design Professional may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon Owner as to all matters pertaining to this Agreement and the performance of the parties hereunder. 2 SLW:DccaludCily ul Dccalur Agrccmcnl yl)1(Id.9aR5 8/ISnll ��