R2024-294 Resolution Authorizing a Professional Services Agreement with Christy-Foltz, Inc. to Provide Engineering, Labor and Material to Reinstall a Section of Fish Barrier on Lake Decatur Dam

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F. REVIEW DOCUMENTS. Examine all studies,reports,sketches, drawings,specifications, proposals and other documents presented by the Professional Service Provider,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 Professional Service Provider. 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 Except as maybe modified by the Scope of Work,Exhibit A,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 Professional Service Provider 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 PROFESSIONAL SERVICE PROVIDER OF DEFECTS OR DEVELOPMENT. Give prompt written notice to the Professional Service Provider whenever the City's Representative observes or otherwise becomes aware of any development that affects the scope or timing of the Professional Service Provider's services,or any defect in the work of the Contractor(s). SECTION IV. GENERAL CONSIDERATIONS A. SUCCESSORS AND ASSIGNS.The City and the Professional Service Provider 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 Professional Service Provider 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 Professional Service Provider. B. OWNERSHIP OF DOCUMENTS. All drawings,specifications,reports,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 Service Provider,shall remain the property of the City whether the Project is completed or not. Reuse of any of the work product of the Professional Service Provider by the City on extensions of this Project or any other project without written permission of the Professional Service Provider shall be at the City's risk and the City agrees to defend,indemnify and hold harmless the Professional Service Provider from all damages and costs including attorney fees arising out of such reuse by the City or others acting through the City. C. ESTIMATES OF COST(COST OPINIONS Since the Professional Service Provider has no control over the cost of labor and materials,or over competitive bidding and market conditions,estimates of construction cost provided are to be made on the basis of the Professional Service Provider's experience and qualifications,but the Professional Service Provider does not guarantee the accuracy of such estimates as compared to the Contractor's bids or the Project construction cost. Last Revised:2017-06-01