Resolution_WSBO_Award Lightcurve

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The amount of the Contribution has been established by the parties in anticipation of the orderly and continuous progress of the Project. Accordingly, Contractor's obligation to render the services for the amount of the Contribution will extend until the Work is completed in accordance with the scope of the Project outlined hereunder; provided that the scope of the Work does not change or is not delayed through no fault of Contractor. In the event the scope of the Work is modified or delayed through no fault of Contractor, then the parties shall equitably adjust the fee using the Change Order process described below and consistent with the requirements set forth in Section 12 (Modifications) of Agreement's General Conditions. The County is solely responsible for and has sufficient funds to complete any elements of the Project in excess of the Contribution. 6. Project Plan. Contractor shall supply all of the labor and materials required to construct the network infrastructure. A current map is attached as Exhibit Al and additional location detail of sites to be included within the scope of this Work are shown in Exhibit A2. 7. Project Managers. The parties identify the following Project Managers who shall be empowered to act for their respective organization in all matters relating to the technical administration of services to be provided (unless otherwise indicated herein): For Contractor: Jim Fuhrman, Engineering Manager Name/email/phone: jim.fuhrman@getlightcurve.com, 253-677-5780 For the County: Josh Fredrickson, Public Works Director Name/email/phone: jost.fredrickson@co.kittitas.wa.us, 509-962-7523 8. Permitting. Contractor shall obtain, at its sole cost, all necessary permits and governmental approvals necessary for the construction, use, and repair and maintenance of the Project. The County hereby authorizes and permits Contractor to perform the Work and to access County property and use County rights -of -way in connection therewith. Furthermore, during the term of this Contract, County will work in good faith to provide to Contractor all rights -of -way and easements reasonably necessary or desirable for use and access to properties owned by County for purposes of allowing Contractor to perform the Work. 9. Contractor's Representations and Warranties. Contractor represents and warrants to the County as follows: i. Contractor has sufficient qualified, experienced personnel to administer and conduct the Work in a prompt, skillful, and competent manner. ii. Contractor is able to obtain and furnish the labor, materials, and equipment required to complete the Work. iii. Contractor execution of this Agreement and the performance thereof is within the corporate powers of Contractor and has been duly authorized by all requisite corporate action. Professional Services Agreement Page 15 of 35