O-2005-2822 - Laserfiche WebLink

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5. OWNERSHIP OF DOCUMENTS: It is understood that the Huitt-Zollars is preparing documents for a specific installation, rather than standard documents for repetitive multiple use. Therefore, all documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the Huitt-Zollars as instruments of service. The City may obtain, upon payment of fees due the Huitt-Zollars, reproducible copies of drawings, and copies of other documents, in consideration of which it is mutually agreed that the City will use them solely in connection with the Project, and shall not authorize their use on other projects, except by written agreement with the Huitt-Zollars. 6. TERMINATION; SUSPENSION OF WORK: The City may, at its discretion, terminate the work or indefinitely suspend the work under this Agreement, by giving a seven-day written notice. In such event, the City shall assume all obligations, commitments and claims that the Huitt-Zollars may have theretofore in good faith undertaken or incurred in connection with the Project. If the Project is terminated, abandoned or suspended upon completion of any phase of the Huitt-Zollars services, payment will be made as outlined in the Schedule of Fees, for each phase. If the Project is terminated or abandoned, or is suspended for more than three months during any phase of the work, the Huitt-Zollars shall be paid for services rendered during such phase on the basis of his reasonable estimate of the portion of such phase completed prior to suspension of the Project. The Huitt-Zollars shall be equitably paid for services rendered prior to effective termination notice date and for reasonable termination expenses. 7. PROFESSIONAL RESPONSIBILITIES: Services will be performed in accordance with sound and generally accepted principles as expeditiously as is consistent with professional skill and care and the orderly progress of the work. The Huitt-Zollars shall not be liable for any indirect or consequential loss or damage arising out of the performance of services hereunder, including, but not limited to loss of profit or business interruption, whether caused by negligence of the Huitt- Zollars or otherwise. The Huitt-Zollars shall use reasonable and acceptable methods in preparing designs and cost estimates and in providing Construction Phase Services (where required) but does not serve as guarantor and shall not be responsible for bids varying above or below estimates, or for the Construction Contractor's failure to perform the work in accordance with the Construction Documents. Revisions to Contract Documents during the Construction Phase resulting in added construction work are not unusual. Therefore, reasonable Construction Phase contingency reserve funds should be established by the City. On fast-track projects with multiple construction packages and accelerated schedules, reduced escalation accrues as a benefit to the City, and the City should anticipate increased changes during construction to effect interface between bid packages and to resolve design ambiguities and conflicts. The Huitt-Zollars shall be included as additional insured, where construction is involved, on the Builder's Risk policy (on All-Risk Basis) and on City's Protective Liability Policy. The Huitt-Zollars shall not have control of or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the activities of the Construction Contractor. B-3