Reso 2024-3755 - Laserfiche WebLink

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3. No Damages for Delay: The Consultant shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs on account of delays in the progress of the Project from any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other cause beyond the Consultant's control, or by delay authorized by the City, or by other causes which the Consultant determines may justify delay. The Consultant's sole recovery and remedy for any such delay shall be a reasonable extension of time and a revision to the Project Schedule as determined by the City. However, additional costs to the Consultant or delays in the Consultant's performance caused by improperly timed activities shall not be the basis for granting a time extension. If the Consultant wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the City within three (3) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The City's representative shall determine whether the Consultant is entitled to a time extension for the delay. The failure of the Consultant to give such notice shall constitute a waiver of any claim under this section. F. COMPENSATION The City shall compensate the Consultant for an amount not to exceed Sixty -One Thousand Five Hundred Dollars and No Cents ($61,500.00) based on services rendered pursuant to Section B Scope of Services of this Letter Agreement by allocating the estimated percentage of work for each of the tasks set forth in Section F(2) below. Billing for each task shall not exceed the amount allocated to each phase. 2. Payment to the Consultant of the sum set forth in Section F(1) shall be allocated based on the estimated percentage of work completed for each of the following tasks: Task801...........................................................................................................$8,500.00 Task802.........................................................................................................$52,000.00 DirectExpenses...............................................................................................$1,000.00 G. BILLING AND PAYMENTS TO CONSULTANT 1. Billing by the Consultant shall be in accordance with the fee schedule in EXHIBIT "1" of this Letter Agreement. Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the Continuing Services Agreement. H. KEY CONSULTANT PERSONNEL NAME FUNCTION Alex Lazowick President So long as the individual named above remains actively employed or retained by the Consultant, they shall perform the functions indicated next to their names. Furthermore, the City reserves the right to reject any proposed substitution for the above named LETTER AGREEMENT — CONSTRUCTION ADMINISTRATION Page 3 of 423