07-23-2018 Council Packet - Laserfiche WebLink

Home Browse Search

Consultant will furnish a certificate of insurance upon request. If Client requests increased or additional insurance coverage, Consultant will purchase such coverage, if obtainable, at the sole cost and expense of the Client. XII. Limitation of Liability It is understood and agreed that, in seeking consulting services under this agreement, the Client is requesting the Consultant to undertake for the Client's benefit, potentially uninsurable obligation. The Liability of Consultant, its agents and sub -Consultants, for claims of loss or damages in the performance of services under this Agreement, shall not exceed 100% of the compensation received by Consultant as its professional fee under this Agreement. In no event shall the parties hereto or their agents and representatives be liable for special, incidental, consequential or penal losses and/or damages, including but not limited to delay, loss of use, loss of profits, loss of opportunity, loss of product or revenue or cost of capital. The Client agrees to indemnify, defend and hold Consultant and its agents and representatives harmless from and against all claims, losses damages, costs and liabilities relating to this project under this Agreement. XIII. Ownership of Documents All design components, ideas, plans specifications, field data, notes, calculations, estimates and other documents we prepare, as instruments of service, shall remain property of the Consultant. The Consultant agrees that the Client owns the project reports and has the use of the documents prepared by Consultant for this project on this site and is limited to the defined scope of services identified in this Agreement. Client agrees that all reports and other work furnished to the Client or his agents that are not paid for, will be returned upon demand and will not be used by the client for any purpose whatsoever. We will retain pertinent records relating to the services performed for a period of five (5) years following the submission of the report, during which period the records will be made available to the Client at reasonable times for a reasonable fee. XIV. Remarks: Our efforts will be directed at performing the work and accomplishing the objectives defined. The estimated cost and schedule are based on the Consultant's judgment of the requirements known at the time of the proposal. The successful completion within cost and schedule limits can be influenced favorably or adversely by changes in work scope and schedules as indicated by the Client's needs. The Consultant will notify the Client in advance if schedule costs are expected to exceed the estimate. In such events, the Client may wish to 1) authorize additional funds to complete the work as originally defined, 2) re -define the scope of work in order to fit the remaining funds, or 3) request that work be stopped at a specific expenditure level. XV. Miscellaneous Provisions This Agreement may be terminated by either party upon written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. Page 6 of 6