Southtowns Record

Town Board Regular Meeting Agenda, May 4, 2026 — Agenda

Government
Town of Hamburg
Board
Town Board
Meeting
May 4, 2026
Kind
Agenda
Topics
Public safety, Budget and taxes, Parks and recreation, Roads and traffic, Energy and data center siting, Moratoriums, Water, sewer and drainage, Zoning and land use

Original document

Same meeting

Text · page 30 of 32

Read the whole document on one page (all 32 pages, each with its own heading)

PROFESSIONAL SERVICES TERMS AND CONDITIONS

documents, (2) known deviations from the most recent construction schedule submitted by the contractor, and (3) defects and
deficiencies observed in the work.
CONSTRUCTION MEANS AND METHODS. Wendel is not responsible for construction means, methods, techniques, sequences
or procedures, time of performance, programs or for any safety precautions in connection with the construction work. Wendel
is not responsible for the contractor's failure to execute the work in accordance with the construction contract.
SHOP DRAWING REVIEW. If shop drawing review is included in the services, Wendel shall review shop drawings, samples, and
other submissions of the contractor only for general conformance to design concept.
FAST TRACK. In the case of the Client requesting the fast-track and phased project delivery method in which design services
overlap construction, and recognizing the inherent risks of fast tracking to the design professional, Wendel will not be responsible
for any design changes, design omissions, coordination errors, delays, disruptions, damages, liabilities, additional costs or
modifications to work already in place that may result from a decision to accelerate the design and construction process. As an
additional service, Wendel will be compensated for all changes in services to modify, correct or adjust the construction
documents and coordinate them with other disciplines in order to meet a project's scope, program cost or schedule requirements
because of the Client’s decision to design and build the project in a fast track manner.
  OTHER CLAUSES
FORCE MAJEURE. Neither Party shall hold the other responsible for damages or delays in performance caused by acts of God,
strikes, lockouts, accidents or other events beyond the control of the other or the other's employees and agents.
PURCHASE ORDERS. Client acknowledges and agrees that any purchase order issued by Client in accordance with this Agreement
is intended only to establish payment authority for Client’s internal accounting purposes. No purchase order shall be considered
to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement.
WAIVER. No waiver by either Party hereto or any failure or refusal by the other Party hereto to comply with its obligations
hereunder shall be deemed a waiver of any other or subsequent failure or refusal by such Party to so comply.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state in which the
work or Project is located, without regard to principles of conflict of laws.
THIRD PARTY BENEFICIARIES. This Agreement is made solely for the benefit of the Client and Wendel, their successors and
assigns, and no other person shall have any right, benefit or interest under or because of this Agreement.

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