2010-05-26 CC Packet - Laserfiche WebLink

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The Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by a members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of any Project, shall modify the foregoing standard of care, including any representations or promises that suggest that the Consultant will achieve any "Leadership in Energy and Environmental Design" (LEED) standards or certifications, or other energy efficiency or sustainability goals. The Consultant shall not be required to sign any documents that would result in it having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot ascertain. 4.2 QgLays Both the Consultant and the City will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Engineer's performance must be governed by sound professional practices, the Consultant is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the time of preparation of this Agreement. 4.3 Opinions of Costs and Schedules Since the Consultant has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project schedules can only be made on the basis of experience or qualifications as a professional engineer. The Consultant does not guarantee that proposals, bids, actual Project costs, or construction schedules will not vary from Engineer's opinions or estimates. If the City desires greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or instruct the Consultant to provide as a Supplemental Service, an independent cost estimator. 4.4 Insurance 4.4.1 The Consultant agrees to maintain a professional liability insurance policy for its negligent acts, errors or omissions in an amount of at least $4,000,000 per claim and $4,000,000 annual aggregate, on a claims -made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. The Consultant will not cancel the insurance until thirty days after providing the City written notice. 4.4.2 The Consultant shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability insurance coverage of not less than $1,000,000 per occurrence and aggregate; and automobile liability insurance coverage of not less than $1,000,000 combined single limit, and shall cause the City to be listed as an additional insured, on a primary and non - contributory basis. 4.4.3 The City shall require contractors to purchase and maintain general liability and other insurance as specified in the construction contract documents and to cause the Consultant and its consultants to be listed as additional insureds, on a primary and non - contributory basis. 4.5 Use of Instruments of Service 4.5.1 All materials, including but not limited to reports, exhibits, models, maps, charts, computer data, and supporting documentation produced under work authorized by this Agreement or subject to any prior agreement ("Materials', shall become the property of the City upon completion of the work or termination of this Agreement. All Materials shall be delivered to City within fifteen (15) days after written request by the City. Consultant may reuse standard portions of the Materials in the normal course of its business. 4.5.2 The City acknowledges that the Materials are not intended or represented to be suitable for use or reuse by the City or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by a registered Design Professional who certifies such written verification or adaptation. In the event of any use or adaptation by the City after termination of a Project whereby the Materials are verified for Centerville City Engineer Master Agreement 3 25