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<br />Time is of the essence. To the extent Consultant is delayed in the performance of the Services by <br />actions or neglect of City, by changes ordered in the Services or by other causes beyond <br />Consultant's control, then the Design Schedule will be extended in writing, or at City's option, <br />Consultant's compensation will be increased for reasonable costs required to achieve <br />performance of the Services in accordance with the Design Schedule. All claims for any <br />extension of time shall be made in writing to City within 10 days after occurrence of the cause of <br />delay, or shall be deemed waived. <br /> <br /> <br />1.4. Budget. Consultant shall be responsible to produce deliverables that meet City's <br />budget and other agreed upon goals for the Project. City shall provide all cost information <br />related to the Project. Revisions and redesign necessary to fulfill this requirement that are the <br />result of Consultant's willful failure to design within the Project budget or to follow design <br />instructions given by City shall be the responsibility of Consultant and shall be completed within <br />the parameters of the schedule and without additional compensation. <br /> <br />1.5. Coordination. Consultant shall coordinate its design with the designs provided by <br />others relative to the Project. Consultant shall be available to City for general consultation <br />relative to the Project. Consultant shall attend all meetings relative to the Project that are <br />reasonably required to fully perform the Services. <br /> <br />1.6. Ownership of Documents. The drawings, specifications and other design <br />documents prepared by the Consultant in the performance of the Services are the property of the <br />Consultant and the Consultant shall retain all common law, statutory and other reserved rights, <br />including the copyright thereto. However, upon payment in full for the Services, the City shall <br />have a royalty-free license to reproduce, distribute and otherwise use the Consultant's design <br />documents or any part thereof or information contained therein. <br /> <br />2. Indemnification and Insurance. <br /> <br />2.1. Indemnity. Consultant shall indemnify and hold City hannless from and against <br />all liabilities, claims, damages, losses and expense, including reasonable attorneys' fees, arising <br />out of or resulting from the performance of the Services, or failure to perform the Services, to the <br />extent they are caused by or attributable to the negligent act, error or omission of Consultant or <br />anyone employed by the Consultant. <br /> <br />2.2. Insurance. Consultant shall keep and maintain the following insurance coverages: <br /> <br />2.2.1 Professional Liability Insurance. Consultant shall maintain in full force and effect <br />until the Services are completed if on an "occurrence" basis, or until at least 3 years subsequent <br />to completion of the Services if on a "claims made" basis, professional liability insurance <br />covering the performance of the Services. Such insurance shall be in the amount of at least <br />$2,000,000 if the Services are architectural or structural in nature, and shall otherwise be in the <br />amount of at least $1,000,000. The policy retroactive date, if any, shall be no later than the date <br />upon which the Services are first rendered. <br /> <br />\\Metro-inet.us\ardenhills\Planning\Community Dcvelopment\TCAAP\Consultants\SRF - AUAR\AUAR Services Contract 4-24-07.doc <br /> <br />2 <br />