R2019-89 Resolution Authorizing a Professional Services Agreement with Hanson Professional Services Inc. for Lake Decatur Dam Gates Evaluation

Home Browse Search

I. NOTIFY THE PROFESSIONAL SERVICE PROVIDER OF DEFECTS OR ' DEVELOPMENT. Give pro�npt written notice ta the Professional Service�'rovider whenevex the City's Representative observes or otherwise becomes aware of any developnnent that affects the scope or timing of the Professional Service Pravider's services,or any clefect in the work af the Contractor{s). � SECTION IV. GEl'1ERA.L CC�I'�SIDrERATIONS A. SLTCCESSC�RS AND ASSICrNS. Tlie City and the Professionat Sarvice Pravider each binds their respective partners,successors,executors,ad�ninistrators and assigns to the other party ofthis Agreement and ta the partners,successors,executars,administratars,and assigns ofsuch ather party, in respect ta all covenants of this Agreernent;except as belpw,neither the City nor the Prc,fessional Service Provider shall assigs3,suhtet,ar trar�sfer their respective interests in this Agreements wit.�►4ut the written consent of the other.I�Tothing herein shall be canstrued as created any personal liability on the part of any officer or agent of any public body which may be a party hereto,nor sha13 it be construed as giving any rights or benefits hereunder to anyone other than the City and the Professional Service Provider. B. (JWNERSHIP OF DOCUMENTS. All drawings,specificatians,reports,records,and otherwark produc#developed by the Prafessional Service Provzder in eonnectian with this Froject are public documents and, upan payment to the Prafessional Servtce Provider, shall remain the property of the City whether the Project is ca�npteted or not. Reuse of any af the work product c�f the Prafessianal Service Provider by the City an extensions of this Project or any other project without written , permission ofthe Professionat Service Provider shall be at the City's risk and the City agrees to defend, indemnify and hotd harmless the Professiona) Service Provider from aIt damages and costs including attarney fees arising aut of such reuse by the City or others acting through the City. C. ESTIMATES OF CUST (COST OPINIONZ Since the Professional Service Prc�vider has no ' control over tlle cost of iabor and materials,or aver eompetitive bidding and market conditions, estimates of construction cost provided are ta be made on the basis of the Professional Service Provider's experience and qualific�tions,bttt the Professional Service Provider does nat guarantee the accuracy of such estimates as campared to the Contractor's bids or the Project construction cost. D. INSURANCE. 1. Requirement. During the term of this Agreement,at its own cost and expense,the Professional Service Provider shall maintain in full force and effect insurance policies as enumerated belaw. 2. Policv Farm. All policies shalt be written on an occurrence basis. 3. Additiona�Insured. The City ofDecatur and its afficers and emplayees shall be named as additional insured par-ties on the�eneral liability policy and included as additional insured parties , on the autamobile liability palicy. Th�Cify`s interests as additional insured parties sha]I be on a primary and non-contributoty basis an all policies and noted as such an the insurance ce�ti�cates. 4. 9ualificatian of Insurers. All polieies wi11 be written with insurance carriers qualified to do business in the State oF lllinais rated A-VIII or better in the latest Best"s Key Rating Guide. ' 5. Form of Policv. All policies shalI be written on the mast current Insurance Service Office(ISO) or National Councii an Cc�mpensation Insurance{NCCI)form or a manuscript form if coverage is broader than the TSO or NCGI form, , Last Revised: 12/11/2015 4 1:i28jobs1181,0332�AdminlOS-AgreementstZdi4 Frofessianal Services Agreemeni with Hanson Professional Services.docac