Agenda - Council - 02/23/2016 - Laserfiche WebLink

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the construction phase, and for such durations as agreed upon in writing, to monitor the progress and quality of the contractor's work and determine if the work is generally proceeding in accordance with the City's contract documents. Consultant does not guarantee the performance of, and shall have no responsibility for, the health, safety, means, methods, techniques, acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. If the City desires more extensive observation or a full time onsite representative, the City shall request such Service(s) be provided by consultant as additional services in accordance with the terms of this Agreement. In this instance, the Consultant shall monitor construction of the project pursuant to an amended Letter of Engagement which shall detail the scope and responsibilities of Consultant. Section 8.13 OPINIONS OF CONSTRUCTION COST. Where provided by the Consultant as part of Service(s) or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the Consultant has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the City and the Consultant does not warrant or guarantee the accuracy of construction cost opinions or estimates. The City acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. Section 8.14. ANNUAL REVIEWS. The City shall conduct an annual review of the Consultants activities and work product for that year. Such review may be conducted by the City's Public Works Committee, at their regularly scheduled meetings held on the third Tuesday evening of each month. A poor evaluation, which cannot be corrected or is determined by the City to be gross negligence, may be grounds for termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF RAMSEY: CONSULTANT: ii4e4A/.504 ,4N067C By: By. Bob Ramsey Its: Mayor Its: By: I' (irt Ulrich Its: City Administrator Approved As To Form By: t.ie Bill Goodrich Its: City Attorney 9