R2022-93 Resolution Authorizing a Professional Services Agreement with Teska Associates, Inc. for Jasper Street Great Streets, Great Neighborhoods Plan

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Exhibit 1 topographic and utility surveys;property descriptions; zoning,deed and other land use restriction;all of which the Consultant may rely upon in performing the Consultant's services. D. SURVEYS AND REFERENCE POINTS. Provide field control surveys and establish reference points and base lines except to the extent provided otherwise in Section I1 to enable the Contractor(s) to proceed with the layout of the work. E. ACCESS TO PROPERTY. Arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform the Consultant's services. F. REVIEW DOCUMENTS. Examine all studies,reports,sketches,drawings, specifications, proposals and other documents presented by the Consultant,obtain advice of an attorney,insurance counselor and other consultants as the City's Representative deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. G. OBTAIN APPROVALS AND PERMITS. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. ACCOUNTING, LEGAL AND INSURANCE SERVICE. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the City's Representative may require or the Consultant may reasonably 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 may require to ascertain how or for what purpose any Contractor 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 complying with any law,rule or regulation applicable to their performance of the work except as otherwise provided in Section II. I. NOTIFY THE CONSULTANT OF DEFECTS OR DEVELOPMENT. Give prompt written notice to the Consultant whenever the City's Representative observes or otherwise becomes aware of any development that affects the scope or timing of the Consultant's services, or any defect in the work of the Contractor(s). SECTION IV. GENERAL CONSIDERATIONS A. SUCCESSORS AND ASSIGNS.The City and the Consultant each binds their respective partners, successors,executors,administrators and assigns to the other party of this Agreement and to the partners, successors,executors,administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as below,neither the City nor the Consultant shall assign, sublet, or transfer their respective interests in this Agreements without the written consent of the other. Nothing herein shall be construed as created any personal liability on the part of any officer or agent of any public body which may be a party hereto,nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and the Consultant. B. OWNERSHIP OF DOCUMENTS. All drawings, specifications,reports,records,and other work product developed by the Consultant in connection with this Project are public documents and,upon payment to the Consultant, shall remain the property of the City whether the Project is completed or not. C. ESTIMATES OF COST(COST OPINION).Since the Consultant has no control over the cost of labor and materials,or over competitive bidding and market conditions,estimates of construction cost Last Revised:05/21/2018