R2019-44 Resolution Approving an Agreement with Massie Massie and Associates for Professional Services for the Decatur Public Library Parking Lot Improvement Project, City Project 2019-05

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G. OBTAIN APPR4VALS AND PERMITS. Furnish approvals and permits fram alt governmental authorities having jurisdict'ran over the Praject and such approvaIs and consents from others as may be necessary for completion af the Praject. H. ACCQUNTING LEGAL AND INSURANCE SERVICE. Provide such accounting, independent cast estimating and insurance caunseling services as may be required for the Froject, such legal services as the City's Representative may require or the Professionat Service Provider may reasonabty request with regard to legal issues pertaining to the Project including any that may be raised by the Contractor(s},such auditing service as the City's Representative rnay require ta ascertain how or far what purpose any Cantractor has used the moneys paid to him under the construction contract,and such inspection services as the City's Representative may require to ascertain that the Contractor(s)are complyin�with any law,rule or regulation applicable to their perf"ormance of the work except as otherwise prov'rded i�Section II. I. NOTIF'�THE PRGIFESSIONAL SERVICE PROVIDER t�F DEFECTS OR DEVELOPMENT. Give pro�npt written��atice to the Professional Service Provider whenever the City's Representative ohserves or atherwise becomes aware of any deveiopment that affects the scape or timing of tt�e Professional Service Provider's services,ar any defect in the work af the Contractor(s). , SECTION IV. GENER.AL CONSIDERATIONS A. SUCCESSORS AND ASSIGN5.The City and the Professionai Service Provider each binds�heir respective partners,successars,executors,adrninistrators and assigns ta the other party af this Agreement and to the partners,successars,executors,administratars,and assigns af such other party, in respect ta all covenants of this Agreement;except as be3ow, neither the City nor the Professianal Service Provider shaIl assign,sublet,or transfer their respective interests in this Agreements without the written consent af the other,Nothing herein shal! be construed as created any personal liability on the part af any afficer or agent of any pubIic body which may be a party hereto,nor shail it be construed as giving any rights or benefits hereunder to anyone other than the City and the Professio��al Service Provider. B. OWNERSHIP OF D4CUMEh1TS. All drawings, specifications,reparts,records,and other work product developed by the Professional Service Provider in connection with this Project are public documents and,upon payment ta the Professionat 5ervice Pravider,shall remain the property of the City whether the Prnject is compteted or not. C. ESTIMATES 4F COSTSCOST OPINION). Since the Professionat Service Provider has no cantrol over the cast of la6ar and materials,or aver compatitive bidding and market conditions,estimates of construction cost provided are to be made on the basis of the Professional Service Pravider's experience and qualifications,but the Professianal Serviae Pravider does not guarantee the accuracy af such estimates as corrtparad to the Contractor's bids ar the Project construction cost. D. INSUR.ANCE. 1. Requirement. Lluring the term of this Agreement,at its own cost and expense,the Professianal Service Provider shall rnaintain in full force and effect insurance policies as enumerated below. 2. Policy Fonn. A!1 palicies save for the prafessianai liability shatl be written an an occurrence basis. Professionat liability insurance can be either claims made ar occurrence basis policies. 3. Additiona(Insured. The City of Decatur and its a�cers and employees shall be named as additional insured parties on the generat liabitity policy and included as additional insured parties Last Revised:d5/21I2018