IOSSCS jUdgincrits, or expenses, including rcasonat)Ic attorneys fees, resulting directly,
<br />or indirectly, from as negligent act or omission (including without 111-11it',M011
<br />professional errors or omissions) of the Consultant, its agents, employees, or
<br />su hcon tractors in the performance of the services providc(i hy this Agreement ancl
<br />against <ill losses I)y, reason of the failure of said Consultant fully to perform, in any
<br />respect, all (,4)ligations under this Agreement.
<br />19. Insurance.
<br />,N. Certificate of Liability Insurance identifying the City of 1,-'.lk River as an
<br />a(lditional 'nsure(l
<br />. RecorsAccess. lie 20011SUltant sh,,t]] provkie the C'itv access to anY books,
<br />ckx:urnents, an(] rec()rds which are directly I-,)erfit ient to the sj-.)ec1fic
<br />for the pUri-x,)tie of raking aMilt, exuninttion, excerpts, ,,ind transcr1j-,)tft,)ns, for three
<br />years after final payments and all other pending niatters related to this contract are.
<br />closed.
<br />21. Ownership of Documents. All plans, (11,tgnitns, ,tn',ilyses, rep(�:)rts, rnal)s, cl-igit',t]
<br />files, and information generate(l in connection with the performance of the
<br />agreement ("Inforrnatlon") shall become the property of the City. 'I'he Cih, may use
<br />the Information for its purposes and the Contractor also may use the Information
<br />for its purposes. Reuse of the Information for the purposes of the project
<br />contemplated by this z\greenient (Troject") does not relieve any liability (:)n the part
<br />of the Contractor, [Rit any reuse of the Information by the City or the Contractor
<br />beyond the scope of the Project is WithOUt liability to the other, and the party rCUSIng
<br />the hift,)rtriation agrees to defend and indemnify the other frorn any claims orliaclaility
<br />resulting therefrom. 1,'Inal Documents shall be submitted in PDF format.
<br />22. Subcontractor. The Consultant shall not enter into S Ubcon tracts for services
<br />provided under this iNgreenient except as note(i in 1`Ixhiblt A, without the express
<br />written consent of the City-. The Cons ul tant shall pay any- subcontractor involved in
<br />the performance of this Agreement within the ten (16) days of the Consultant's
<br />receipt of payment by the City for undisputed services provkie(i by the
<br />subcontractor. If the Consultant falls within that time to pay the subcontractor any
<br />Undisputed amount f(,,)r,,%,hich the C011SUltant has received payri-icrit by the City, the
<br />C011SUltant shall j-,)ay, interest to the SUI)contractor on the Unpaid aMOL111t art the rate
<br />of 1.5 percent per month or any part of a month. The minimum monthly interest
<br />penalty payment for can Unpaid balance of $100 or triore is $10. For an Uril-,)a1d
<br />balance of less than $100, the Consultant shall pay the ',iCft1',1l Interest penalty due to
<br />the subcontractor. A subcontractor who prevails in a civil action to collect interest
<br />penalties from the Consultant shall be awarded its costs an(i disbursements,
<br />includingattorney's fees, incurred in bringing the action. In addition, no
<br />subcontractor can file a lien against the City.
<br />page 4 of 7 Standard Agreement For Professional Services
<br />Page 213 of 242
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