Reso 2021-3160 - Laserfiche WebLink

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SECTION 6 CITY'S RESPONSIBILITIES 6.1 Assist the Consultant by placing at its disposal all reasonably available information as may be requested in writing by the Consultant and allow reasonable access to all pertinent information relating to the services to be performed by the Consultant. 6.2 Furnish to the Consultant, at the Consultant's request, all existing studies, reports and other reasonably available data pertinent to the services to be provided by the Consultant. 6.3 Arrange for access to and make all reasonable provisions for the Consultant to enter upon City's public property as required for the Consultant to perform services. 6A In the event that Consultant believes that City is not reasonably complying with the requirements of Sections 6.1, 6.2 and 6.3 above, Consultant shall immediately provide written notice within three (3) days of such non-compliance to the City, absent which Consultant shall be deemed to have waived such non-compliance by City. SECTION 7 CONSULTANT'S RESPONSIBILITIES 7.1 The Consultant shall comply with all laws, ordinances and governmental rules, regulations, and orders now or at any time during the term of this Agreement which as a matter of law are applicable to or which affect the procedures of the Consultant. 7.2 The obligation of the Consultant to comply with governmental requirements is provided for the purpose of assuring proper safeguards for the protection of persons and property. 7.3 The Consultant shall exercise the same degree of care, skill and diligence in the performance of the services as is ordinarily provided by a professional engineer under similar circumstances. If at any time during the term of any Project Agreement, Letter Agreement or the construction of the specific project for which the Consultant has provided engineering services under a prior Project Agreement or Letter Agreement, it is determined that the Consultant's documents are incorrect, defective or fail to conform to the scope of services, due to Consultant's negligent acts or failure to act, errors or omissions, upon written notification from the City, the Consultant shall immediately proceed to correct the work, re -perform services which fail to satisfy the foregoing standard of care as determined by the City, and Consultant shall compensate the City as provided in Section 7.3.1 for all costs and expenses associated with correcting said incorrect or defective work, including any additional testing and inspections. The City's rights and remedies under this section are in addition to, and are cumulative of, any and all other rights and remedies provided by this Agreement, the Project Agreement, the Letter Agreement, by law, equity or otherwise. 7.3.1 Where Consultant's actions as described in Section 7.3 result in a Change Order to the Contract for Construction with the Contractor, the Consultant shall compensate the City for the cost of the Change Order work that exceeds the cost of the work had it been included in the construction documents at the time that bids for construction were received by the City, plus the total of the Contractor's overhead and fifty -percent (50%) of profit included in the approved Change Order. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 5