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The estimated fee for each phase is as follows: <br />Phase I - Design and Contract Documents $43,100 <br />Phase II - Bidding Assistance $3,600 <br />Phase III - Construction Services $20,500 <br />Phase IV - O&M Manual $2,600 <br />Expenses are in addirion to compensation to the Consultant for its direct services and include <br />expenditures made by the Consultant or its employees in the interest of the Project. Expenses will be <br />billed at cost with mileage billed at $.26 per mile. <br />6. OPIMONS OF COST <br />The Consultant has no control over the cost of labor, materials, equipment, or services furnished by <br />others, or over the Contractor(s)' methods of determining prices or over comperitive bidding or market <br />condirions. Its opinions of probable project cost and construction cost aze made on the basis of its <br />experience and qualificarions, and represent its best judgement as an experienced and qualified <br />engineer familiar with the consuvction industry. The Consultant cannot and does not guarantee that <br />proposals, bids, or actual project or construcrion cost will not vary from opinions or probable cost <br />prepared by it. <br />7. ASSIGNABILITY - <br />The Consultant shall not have the right to assign or subcontract this agreement, or any part or portion <br />thereof, without having in advance of any such assignment or subcontracting the written consent of <br />the City. <br />The Consultant is authorized under the terms of <br />agreement with Professional Service Industries, Inc., <br />Project. <br />this Agreement to enter into a subconsultant <br />to provide a geotechnical investigation for the <br />8. ANiF.NDMENfS <br />This Agreement constitutes the entire agreement between the parties, and it shall be amended only by <br />a subsequent written agreement signed by the parties hereto. <br />9. INDFMNIFICATION <br />The Consultant shall indemnify and save harmless the City against all liability claims, actions, <br />judgments, costs, and expenses which may in any way come against the Consultant as a result of the <br />negligent acts, errors or omissions of the Consultant and its employees in the execurion and <br />performance of this Agreement. <br />10. WORKERS COMPENSATION, SOQAL SECURITY, AND UNF.MPLOYIVIFNT TAXFS <br />The Consultant hereby expressly agrees to carry Workers' Compensation Insurance for the benefit of <br />its employees engaged in services under this Agreement, in an insurance company duly licensed to <br />transact the business of Workers' Compensarion in the State of Ohio. The Consultant shall pay, when <br />due and payable, the Social Security and unemployment taxes imposed by law. <br />11. INSiJFiANCE REQUIREMENTS <br />Prior to beginning provision of services under this Agreement, the Consultant shall obtain and furnish <br />certificates to the City for the following minimum amounts of insurance. Certificates shall indicate the <br />name of firm, name of insurance company, policy number, term and coverage, and limits of coverage. <br />-2-