R2018-147 Resolution Authorizing an Agreement with Tele Scan, Inc. for the Annual Sanitary Sewer Inspection Program, City Project 2019-19

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I. NOTIFY THE PROFESSIONAL SERVICE PRfJVIDER OF DEFECTS 4R DEVELOPMENT. Give pronnpt written notice to the Professional Service Provider whenever the City's Representative observes ar atherwise becomes aware of any development tl�at affects the scope I or timing of the 1'rofessianal Service Fravidet's services,or any defect in the work of the Contractor{s}. SECTi4N IV. GENEI��AL CQNSIDERATI+DNS A. SUCCESSQRS AND ASSIGNS.The City and the Prafessianal Service Frovider each binds their respective partners,successors,executors,administrators and assigns to the ather party afthis Agreement and to the partners,successars,exe.cutors,administrators,and assigns of such other party, in rsspect to all covenants of this Agreement;exeept as below,neither the City nor the Prafessianal Ssrvice Provider shall assign,sublet,or transfer their respective interests in#his Agreerr�ents without the written consent of the other.Nothing herein shali be constraed as created any personal liability on the part of any officer ar agent of any public body which may be a party hereto,nor shall it be construed as giving an�rights or benefits hereunder ta anyone ather than the City and the ProfessionaI Service Provider. B. C}WI�3ERSHIP OF DOCUMENTS. Att drawings,specificatians,reparts,records,and other work product developed by the Professional Service Provider in connection with this Project are public documents and,upon payment to the Professional Servzce Provider,�hall remain the properly of the City whether the Project is completed ar nat. Reuse of any of the wark praduct af the Professional Service Provider by the City on extensions of#his Prt�ject or any other project withaut written permission of the Professional Service Provider shall be at the City's risk and the City agrees tQ defend, indemnify and hold haxmless the Professional Service Provider fram all damages and costs including attorney fees arising out af suct�reuse by the City or othexs acting tl�rough the Ciiy. C. ESTIMATES OF CQST,�COST OPII�IION„). Since the Professianal Service Pravider has na control aver the cost af Iabor and materials,or over campetitive bidding and market conditions,estimates of canstructian cost provided are to be made on the basis of the Professional Service Provider's experience and qualifications,but the Professional Service Pravider daes not guarantee the accuracy af such estimates as ec�mpared to the Con#ractor's bids or the Projeet canstruction cost, D. INSURANCE. 1. Re�uirement, During the term of this Agreement,at its owst cost and expense,the Professional Service Provider shall maintain in fult force and effect insurance policies as enu�nerated below. 2. Poiic, F�,orm. AlI paliaies shall be written on an occurrence basis. 3. Additianal Insured. The City of Decatur and its o�cers and employaes shalI be named as additionat insured garties an the general liability policy and inetuded as additianal insured parties on the autamobile liability policy. The Cily's interests as additional insured parties shall be an a primary and nan-contributory basis on a11 polieies and noted as such on the insarance certificates. 4. Qualification af Insurers. All policies will be written with insurance carriers qualified to do business in the State of Illinois rated A-VIII ar bettar in the latest Best`s Key Rating Guide. 5. Farm of Poticv. AII policies shalt be written on the mast current insurance Service Office(ISO) or Nationat Council on Campensation Insurance(NCCI}form or a manuscript form if caverage is broader than the IS4 or NCCI form. Last Revised: I2/1 l/20 t 5