RES 84541 - Laserfiche WebLink

Site observation of construction work will be provided if requested as an extra service. Consultant shall submit and City shall pay monthly invoices for estimated percentage of work performed during the previous month up to 90% of Consultant's estimated total cost of construction. The remaining 10% design fee will be paid to Consultant after the City completes competitive bidding and an exact construction cost is determined. If this competitive bidding is not completed within 60 days after submission of the final construction documents, the remaining 10% design fee will be paid to the Consultant based upon his final estimate of construction costs. 7. Changes. Costs and modifications or revisions to the completed final construction documents necessitated by the City, or jurisdictional agencies shall be considered as extra services. 8. Consultant's Status. In the performance of the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents, servants, and employees and are not agents, servants, or employees of City. 9. Termination for Convenience of City. The City may terminate this Agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that work actually completed, based on a time-and-materials basis for the work done as described in Section 6 herein, at the time of notice of termination is received. 10. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation therein without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. 11. Indemnify and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers and employees from and against all claims, losses, damage, injury, and liability for damages arising from errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement. This indemnification shall extend for a reasonable period of time after completion of the project, as well as during the period of actual performance of services under this Agreement. Acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from liability under this indemnity and hold harmless clause. 12. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage. a. Worker's Compensation Insurance Full Worker's Compensation Insurance shall be provided with a limit of at least $100,000 for any one person.