1987-07-02 Meeting - Laserfiche WebLink

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! • 5.?. OPINIONS GF COST Since ENGINEER has rio control over the coca. of labrr, materials, equipment or. :services furnished by others, or over the Contractor(s) methods of determining prices, or over_ competitive bidding or market conditi.on~, his opi.nioras of. probable Px•oject Cost and Construction Cost provided for rierein are to be made on the basis of his e:~perl.ence and qualifications and represent his best. .judgement as an experienced and quali.fiecl professional engineer, familiar with the construction industry; but ENGINEER cannot and does riot guarantee that proposals, bids or ac.t.ual Project of Construction Cost will not vary from opinions of probable COSt prepared by him. If prior to the Bidding of Negotiating Priase OWNER wishes greater assurance as to Project of Construction Cost he shall employ an independent. cost estimator to bring the Construction. Cost within any limitation established by OWNER will 1.-~e considered Additional Services ~~nd pa.id .far as such by OWNER. 5.3. LATE PAYMENT If OWNER fails to mate ar~y paymF~nt. due ENC.,INEER for service=s ~~nd expenses within thirty days after receipt of ENGINEER' s bi_1l. therefor, tl'ie amounts dtae ENGINEER sha..ll include a charge at tl-~e rate of. 1 1/?% per montl'i from said triirti.~~th day, a.ncl in addition, ENGINEER may, after giving seven days' writ.t.er~ nc~t-ice to OWNER, suspend services tinder this AgrF.F:ment. ~.zntil he h.~.:s 1-~oen paid in full all amounts r_lur him for services and expenses . 5,4. TERMINATION Tlie obligation to r>rovide further services under this Agreement may be terminated by either party tzporz seven days' written notice in the event of substantial failu.ra by other party to perform in accordance with the terms hereof through no fault of the terminating party. Ire the event of any termination, ENGINEER will be paid fo.r all se.rvi.ces z°endered tv the date o.f texmination, ~~1.1 ruimk~tzrsak>1e expenses and t.ermir~ation expf:n~ses.. 5, 5. SUCCESSORS AND ASSIGNS 5. 5 , 1 , OWNER and ENGINEER eacl~~ binds Himself a.ncl his partners , succc,ssors, F:~;ectztors, administrators, assigns and. l.og'a.l. represent.at.ives to the c>tlie.r party of this Agreement. and t.o the partners, suct;e,sso.rs, executors, ..~dminj.stratoz•s, assigns, and legal r~presentativf~s of .such other party, i.n .r_espect to al_l. covenants, ~agroemfsnt: and ohligati.ons c,f th.e Agreement. Page 1 ~ of 17