I-2 - Resolution 2024-081 - Agreement with JCEM for Shared Use of City Ground

SERVICES DO NOT INCLUDE 1. Traffic impact analysis 2. Application and permit fees 3. Wetlands delineation/mitigation 4. Off-site public improvements, if required 5. Off-site easements for improvements, if required 6. Geotechnical investigation (soil borings/soil testing and associated staking of locations) 7. Site lighting photometric plan 8. Site redesign necessary due to significant changes to the site concept based on city or client request 9. Construction staking and administration 10. Bid documents SCHEDULE We will begin our services within 14 days of acceptance of this proposal unless a later start time is specified by the client. ADDITIONAL SERVICES MMS Consultants, Inc. will provide additional services as directed by the client at our current hourly rates. All additions and changes to scope of services shall be agreed upon by use of a change order signed by MMS and the client. TERMS AND CONDITIONS 1. Standard of care will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. MMS makes no warranties, express or implied, under this Agreement or otherwise, in connection with services required to be performed by this Agreement. MMS and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers and suppliers. 2. MMS shall not at any time supervise, direct or have control over any contractor's work, nor shall MMS have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. 3. MMS neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between client and such contractor. 4. MMS shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except MMS's own employees) at the project site or otherwise furnishing or performing any construction work in connection with the project; or for any decision made based on interpretations or clarifications of the construction contract given by owner without consultation with and advice of MMS. 5. All design documents prepared or furnished by MMS are instruments of service and MMS retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the project is completed.