08-25-2004 Council Agenda - Laserfiche WebLink

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3. Payments for Engineer's Reimbursable Services: THE ENGINEER shall be reimbursed, at cost, for the work of special consultants, as described in Section 11.4 and for other items when authorized in writing by THE CITY. 4. Extra - ordinary Conditions: Upon completion of the feasibility phase of an improvement project, THE ENGINEER shall immediately notify THE CITY when the scope of engineering services required to complete the Project will exceed normal expectations. If agreed to by both parties, a revision to the percent of construction cost used to establish the maximum fee shall be negotiated and approved by the City Council of Little Canada prior to award of the project. Section VI. The City's Compensation to the Engineer for General Engineering Services. 1. The costs for those services described in Section III shall be billed according to Schedule B. 2. THE ENGINEER shall bill THE CITY monthly and shall provide THE CITY with an itemized billing statement for work performed during the billing period. Section VII. THE CITY and THE ENGINEER further agree to the following conditions: 1. Ownership of Documents: The completed drawings and master specification sheets shall remain the property of THE CITY. THE CITY may use information provided on the drawings and specifications sheets as basic as -built information for purposes of additions or expansions of the Project or utility system. Such use by THE CITY shall not encumber any liability on the part of THE ENGINEER. THE CITY agrees to hold harmless THE ENGINEER in any case where THE CITY's use of record drawings leads to a civil suit or legal action. 2. Insurance: a. Worker's Compensation: THE ENGINEER shall secure and maintain such insurance as will protect him /her from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his /her services under this Agreement. b. General Liability Insurance: THE ENGINEER shall, at all times during the term of this Agreement, have and keep in force a general liability insurance policy that will provide coverage for claims made against THE ENGINEER. The limits of said policy shall be at least $1,000,000 for personal injury and $1,000,000 for property damage. c. Professional Liability Insurance: THE ENGINEER shall have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability - 1 0 -