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11-2276 Supp. Agmt - CPH, Inc. - Gee Creek Erosion, etc.
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11-2276 Supp. Agmt - CPH, Inc. - Gee Creek Erosion, etc.
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
7/11/2011
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WOUMMY1 <br />6.0 Payment <br />A. Payment for services and expenses of CPH to be as set forth below. <br />B. Principals and Employees of the CPH <br />CPH agrees to perform the services outlined in Sections 2 and 3 of this Supplement for a <br />Not -to -Exceed Amount of 34 960.00. <br />C. The CLIENT will make prompt monthly payments in response to CPH's monthly statements <br />without retention for all categories of services rendered under this Supplement and for <br />reimbursable expenses and outside consultant costs incurred. <br />D. Charges for the services rendered by principals and employees as witnesses in any litigation, <br />hearing or proceeding will be computed at a rate of $650.00 per day or any portion thereof <br />(but compensation for time spent in preparing to appear in any such litigation, hearing or <br />proceeding will be computed in accordance with the payment method as set forth herein). <br />E. If this Supplement is terminated during prosecution of the services prior to completion of the <br />services of Section 2, payments to be made in accordance with Section 6, Articles 6.0(B) and <br />6.0(C) on account of that and all prior work under this Supplement shall be due and payable, <br />and shall constitute total payment for services rendered. In addition, upon termination, CPH <br />shall be paid for any additional services authorized and rendered under Section 4. <br />SECTION 7 <br />GENERAL CONDITIONS <br />A. Since CPH has no control over the cost of labor, materials, or equipment or over any <br />construction method of determining prices, any opinion of probable construction cost which <br />may be provided in the services of this Supplement are made on the basis of their experience <br />and qualifications and represent their bestjudgment as a design professional familiar with the <br />construction industry, but CPH cannot and does not guarantee that the construction cost will <br />not vary from opinions of probable cost prepared by them. Similar limitations apply to <br />construction schedules reviewed or prepared by CPH. <br />B. The CLIENT and CPH each binds himself and his partners, successors, executors, <br />administrators and assigns to the other party of this Supplement and to partners, successors, <br />executors, administrators, and assigns of such other party in respect to all covenants of this <br />Supplement. Nothing herein shall be construed as creating any personal liability on the part <br />of any officer or agency of any public body which may be a party hereto, nor shall it be <br />construed as giving any rights or benefits hereunder to anyone other than the CLIENT and <br />CPH. <br />C. CPH agrees to initiate work promptly upon receipt of authorization to proceed and to <br />prosecute the work in an expeditious and timely manner until the Project is completed based <br />on timely performance by CPH and any other parties involved. <br />Page 5 of 11 <br />
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