Agenda - Public Works Committee - 01/18/2011

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ENGINEERING SERVICES CONTRACT NUMBER 11005 Section 3. Responsibilities of the Client All known information applying to the site and services provided by the Consultant will be made available to the Consultant by the Client. The Client shall immediately inform the Consultant of new information which may be in conflict with previous information regarding the site or Consultant services. The Consultant has a right to depend on documents supplied by the Client. Section 4, Other Damages The Consultant and the Client shall not be liable to each other for any incidental, consequential, or special damage, relating to the Consultant's services. This includes business interruption, good will, or loss of anticipated profits. Section 5. Termination This agreement may be terminated by either party by giving fourteen days written notice to the other party. Upon termination, the Client shall pay the Consultant for costs incurred to the date of termination, including termination costs and other obligations and commitments incurred in providing services. All obligations and liabilities between the parties will terminate upon payment, These costs are payable under the contract when invoiced. Section 6. Document Ownership The Client acknowledges the Consultant's construction documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement will become the property of the Client upon completion of the work and payment in full of all monies due to the Consultant. The Client shall not reuse or make any modification to the plans and specifications without the prior written authorization of the Consultant. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the plans and specifications from or through the Client without written authorization of the Consultant. Section 7. Party Relationship The Consultant shall act solely as an independent contractor. The Client and the Consultant may not enter into any agreement or assume any obligation for the other. Section 8. Force Majeure The Consultant shall not be liable for failure to perform due to circumstances beyond the Consultant's control. These may include, but are not limited to, wars, floods, strikes, City of Ramsey 3 Bridge Inspections