07-27-1994 Council Agenda - Laserfiche WebLink

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normal rate category or the category of the person replaced unless agreed to otherwise. 5.3. In consideration of the City's execution of this Agreement, the rates listed in Schedule "B" attached to this document will be in full force and effect for the calendar years 1994 -1998. They may be adjusted upward on January 1st of each year by no more than the increase in the Consumer Price Index (CPI) for last calendar year or calculated for the Twin City Metropolitan Area. Written notice of said adjustment shall be provided by the Consultant to the City and be made a part of this Agreement. 5.4. The Consultant will prepare Drawings, Specifications and other documents in a timely manner, but it is hereby agreed that the Consultant cannot be held responsible for delays occasioned by factors which are beyond his control, nor by factors which could not reasonably have been foreseen at the time this Agreement was prepared and executed. 5.5. The Consultant's estimate of Construction Costs is an opinion only and is supplied as a guide only. Since the Consultant has no control over the cost of labor and material or over competitive bidding and market conditions, the Consultant does not guarantee the accuracy of such opinion. 5.6. This Agreement may be amended by the mutual written agreement of the parties. 5.7. As used in this paragraph, documentation means all planning and technical data, reports, schedules, records and other documents coming into the possession of or created by the Consultant in connection with a project. Upon final payment to the Consultant for services rendered, copies to all such documentation specifically requested shall be delivered to the City for its records. None of this documentation shall be the subject of an application for copyright by or on behalf of the Consultant. The Consultant is not required to provide the City with his original correspondence file, computer programs and original working papers -17- Page 182