Agenda Package - 06-07-10 - Laserfiche WebLink

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i` • Terms and Conditions of Agreement for Services agreement with the Architect. The Architect shall retain all pertinent records relating to the services performed hereunder for a period of three years after completion thereof. The Owner shall have access to such records at all reasonable times during such period as may be required for audit of reimbursable expenses. 6. PROFESSIONAL RESPONSIBILITIES The Architect shall provide the following insurance: Worker's Compensation - Statutory; Commercial General Liability - Bodily Injury - $300,000; Property Damage - $100,000; Comprehensive Automobile Liability - Bodily Injury - $300,000; and Property Damage - $100,000, Professional Liability - $1,000,000 per claim and $2,000,000 annual aggregate on a claims-made basis. Certificates of insurance, on an ACORD form, shall be furnished to the Owner upon request. Upon written request of the Owner, the Architect will provide additional insurance, if available; including increased coverage and/or limits, and the Owner will pay the Architect a mutually agreed amount for the increased coverage. The Architect's liability to the Owner for any indemnity or any damages arising in any way out of the performance of this Agreement shall not exceed applicable insurance coverages and amounts stated herein. The Architect shall not be liable to the Owner for any indirect, special or consequential loss or damage arising out of the performance or services hereunder including, but not limited to loss of use, loss of profit, or business interruption whether caused by the negligence of the Architect or otherwise. In performance of its services, the Architect shall exercise the standard of care ordinarily exercised by members of its profession in the same locale and who are performing their services under the same conditions. Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or the Architect. 7. DISPUTE RESOLUTION The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them related to the Agreement by mediation, which, unless the parties mutually agree otherwise, shall be-in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association.' The request may be made concurrently with the filing of a legal or equitable proceeding, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 8. TERMINATION; SUSPENSION OF WORK The Owner may, at its discretion, terminate the Project or indefinitely suspend the Project under this Agreement by giving the Architect seven-day written notice. In such event, the Owner shall assume all obligations, commitments and claims that the Architect may have in good faith undertaken or incurred in connection with the Project. The Architect shall be equitably paid for services rendered prior to effective termination notice date and for reasonable termination expenses. 9. SUCCESSORS AND ASSIGNS The Owner and the Architect each binds itself and its partners, successors, executors, administrators, and assigns to the other party to the Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of the Agreement. Neither the Owner nor the Architect shall assign, sublet, or transfer its interest in the Agreement without the written consent of the other, and agree that the Agreement represents the entire understanding of the Owner and the Architect and cannot be changed, added to, or modified and any way except in writing, signed by both the Owner and the Architect. 10. NON DISCRIMINATION The Architect will not discriminate against any employee or applicant for employment because of race, religion,