2010-05-26 CC Packet - Laserfiche WebLink

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4.15 Monitoring Work If required by the scope of services, the Consultant will make visits to the Project site at intervals appropriate to the various stages of construction as-the Consultant deems necessary in order to observe the progress and overall quality of construction. The Consultant will not be required to make exhaustive or continuous observations on the Project site. Based on such visits, the Consultant will determine in general if the construction work is proceeding in accordance with the contract requirements, keep the City informed of the progress of the construction work, and will endeavor to guard the City against defective work. The Consultant will not supervise, direct, control, or have authority over or be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the Contractor to comply with laws and regulations applicable to the work. 4.16 Americans with Disabilities Act The Consultant shall use reasonable professional effort and judgment. in interpreting and advising the City as to the necessary requirements for the Project to comply with the Americans with Disabilities Act (ADA). The Consultant shall rely on the local building department for interpretations of the ADA at the time the service is rendered. The Consultant does not warrant or guarantee that the Project will fully comply with interpretations of ADA requirements by regulatory or judicial bodies. 4.17 M.S. 471.425 Prompt Pavment Act In accordance with MN Statutes 471.425, the Consultant will pay any consultant it has hired for work on a City Project within ten days of the Engineer's receipt of payment from the City for undisputed services provided by the consultant. The Consultant will pay interest of 1 -1/2 percent per month or any part of a month to the consultant on any undisputed amount not paid on time to the consultant. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the consultant. A consultant who prevails in a civil action to collect interest penalties from the Consultant must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 4.18 Survival of Terms The provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement shall survive expiration or termination of this Agreement. SECTION S. LIABILITY Having considered the potential liabilities that exist during the performance of the Engineer's services, the benefits of a Project, the Engineer's fee for its services, and the promises contained in this Agreement, the City and the Consultant agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law. 5.1 Indemnification The Consultant and the City each agree to indemnify each other from liability for losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by each party's respective negligent or intentional acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Consultant and the City, they shall be borne by each party in proportion to its own negligence. 5.2 Desion without Construction -phase Services If the Engineer's Basic Services under this Agreement include design but do not include Project observation, or review of the Contractor's performance, or any other construction phase services, then the City assumes all responsibility for interpretation of the plans and specifications and for construction observation or review and waives any claims against the Consultant that may be in any way connected thereto. Centerville City Engineer Master Agreement 6 28