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. . , ? ? W...?J <br />SECTION 8 - SPECIAL PROVISIONS, <br />EXHIBITS AND SCHEDULES <br />8.1. This AGREEMENT is sub3ect to the following Special <br />Provisions. <br />8.2. This AGREEMENT represents the entire and integrated <br />Agreement between the CITY OF NORTH OLMSTED, OHIO and MICHAEL <br />BENZA AND ASSOCIATES, INC., except as set forth in 7.1, and <br />supersedes all prior negotiations, representations, or Agree- <br />ments either oral or written. <br />$•3. This AGREEMENT may be amended only by AMENDMENTS l, 2, <br />3, etc., which are signed both by the CITY OF NORTH OLMSTED, OHIO <br />and MICHAEL BENZA AND ASSOCIATES, INC. <br />$•4. The following paragraphs are to be omitted. <br />1•2.. Study and Report Phase <br />3.4. <br />4.9. <br />8.5. The Engineering Fee f'or the services outlined in para- <br />graphs 1.3., 1.4.3 1.5., and 1.6, shall be $853000.00. The Fixed <br />Fee is $15,000.00. The maximum Engineering Fee shall not exceed <br />$100,000.00 unless there is a change in the scope. This fee <br />includes the survey and topographic work necessary for the project. <br />The cost of"construction staking or similar services during <br />construction is not included. <br />8.6. LIMITATION OF LIABILITY: The OWNER agrees to limit the <br />ENGINEER'S liability to the OWNER and to all construction con- <br />tractors and subcontractors on the PROJECT, due to the ENGINEER'S <br />professional negligent acts, errors or omissions such that the <br />total liability of the ENGINEER to those names shall not exceed <br />$50,000.00, or the ENGINEER'S total fee for services rendered on <br />this PROJECT whichever is greater. <br />8•7. This AGREEMENT (consisting of 1 to 15 pages, inclusiue), <br />together with the Exhibits and schedules identified constitute <br />the entire AGREEMENT between OWNER and ENGINEER and supersede all <br />prior written or oral understandings. This AGREEMENT and said <br />Exhibits and schedules may only be amended, supplemented, modified <br />or cancelled by a duly executed written instrument. <br />$.8. The following Exhibits are attached to and made a part <br />of this AGREEMENT: <br />8.8.1. Exhibit A, "Further Description of Basic Engineering <br />Services and Related Matters", consisting of 1 page. <br />8.8.2. Exhibit B. "Duties, Responsibilities and Limitations of <br />Authority of-Resident Project Representative", consisting of 4 <br />pages. <br />Page 14 of 15 pages