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Consultant services of others required for the performance of the Consultant's services <br />hereunder, and the Consultant shall be entitled to use and rely upon all such information and <br />services provided by the City or others in performing the Consultant's services under this <br />Agreement. <br />21. Estimates and Projections. The Consultant has no control over the cost of labor, materials, <br />equipment or services furnished by others, over the incoming water quality and/or quantity, <br />or over the way the City's plant and/or associated processes are operated and/or maintained. <br />Data projections and estimates are based on the Consultant's opinion based on experience <br />and judgment. The Consultant cannot and does not guarantee that actual costs and/or <br />quantities realized will not vary from the data projections and estimates prepared by the <br />Consultant and the Consultant will not be liable to and/or indemnify the City and/or any third <br />party related to any inconsistencies between the Consultant's data projections and estimates <br />and actual costs and/or quantities realized by the City and/or any third party in the future. <br />22. Third Parties. The services to be performed by the Consultant are intended solely for the <br />benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to <br />rely on the Consultant's performance of its services hereunder, and no right to assert a claim <br />against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third <br />party as a result of this Agreement or the performance of the Consultant's services <br />hereunder. <br />23. Entire Agreement; Modification. This Agreement, together with attachments or addenda, <br />represents the entire and integrated Agreement between the City and the Consultant and <br />supersedes all prior negotiations, representations, or agreements written or oral. No <br />amendment or modification of this Agreement shall be of any force or effect unless it is in <br />writing and signed by the parties. <br />DATED this <br />CITY OF TUKWILA <br />Allan Ekberg, Mayor <br />Attest/Authenticated: <br />day of , 2018. <br />City Clerk, Christy O'Flaherty <br />CA revised : 1-2013 <br />CAROLLO ENGINEERS, INC. <br />By: <br />Printed Name: Lara R. Kammereck, P.E., PMP <br />Title: Vice President <br />Approved as to Form: <br />Office of the City Attorney <br />Page 5 <br />7 <br />