ENVIRONMENTAL PLANNING DEVELOPMENT SOLUTIONS, INC. (2)

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Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Paae 14 Once the maximum fee is reached, Consultant will stop work unless Consultant and Client agree to increase the maximum fee amount or Client agrees to pay for additional services in accordance with Consultant's billing rates Identified herein. This rate schedule is subject to change due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement. 2. Consultant will complete professional services described in this Agreement as expeditiously;as is consistent with, and limited to, Consultant's standard of care. 3. This Agreement comprises the entire and Integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by writteninstrumentsigned by an authorized representative of both Client and Consultant. 4. If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable In whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Client and Consultant hereto. Client and Consultant agree to reform this Agreement to replace any such Invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. 5. If the scope of services includes Consultant's assistance in applying for governmental permits or approvals, Consultant's assistance shall not constitute a representation, warranty or guarantee that such permits or approvals will be acted upon favorably by any governmental agency. 6. Governina Law: The Jaws of the state in which the Project is located shall govern the validity and interpretation of this Agreement. 7. Construction Observation: Consultant shall visit the project at intervals appropriate in the Consultant's professional opinion, during construction to become generally familiar with the progress and quality of contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents. Client has not retained Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. If Client desires more extensive project observation or full-time project representation, Client shall request such services be provided by Consultant as Additional Services in accordance with the terms of this Agreement. It is agreed that Consultant's services under this Agreement do not include project observation, review of contractor's performance or any other construction phase services. Client assumes all responsibility for all construction phase services including, but not limited to: - a. Submittal review and approval b. Contract document interpretation C. Site observations d. Change order review and approval e. Review and approval of contractor payment applications f. Certificates of substantial and final completion . g. Preparation and disposition of punch lists _ h. Responding to contractor requests for information i. Administration of any operational and maintenance training including collection operational and training manuals Client waives any claims against Consultant that may be in any way connected with Client's decision not to retain Consultant to performance construction phase services. Client agrees, to the fullest extent permitted by law, to Indemnify and hold harmless Consultant, its officers, directors, employees and sub -consultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the performance of such services by other persons