Reso 2009-1463 - Laserfiche WebLink

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" undertake the completion of performance of Services, Consultant agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Consultant's failure to perform the Services. 3. COMPENSATION: Consultant shall be compensated a total fee not to exceed Twenty- Six Thousand Five Hundred Dollars ($26,500.00). Payment will be made to the Consultant as invoiced, and all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges and tasks reflected in Attachment "A". The Consultant shall make no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. 4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon ten (10) days written notice to Consultant. Upon termination, the City may re- bid the project if the Consultant fails to perform under this Agreement due to the undisclosed conditions. 5. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. o Worker's Compensation, as required by the State of Florida, but with no less than $1,000,000.00 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident for property damage. o Professional Liability (Errors and Omissions) Insurance, with a combined single limit of not less than Three Million Dollars ($3,000,000.00) for claims arising out of work provided for in this Agreement. C0809-OS7 KIMLEY-HORN AND ASSOCIATES, INC. TRAFFIC SIGNAL DESIGN SERVICES 1821COLLINS AGREEMENT