R2026-126 Resolution Authorizing the City of Decatur to Enter into an Agreement with McKenna Associates, Inc. for the Preparation of a Unified Development Ordinance

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"Scope of Work"),data prepared by or services of others,all of which the Consultant may rely upon in performing the Consultant's services. D. REVIEW DOCUMENTS. Examine all studies,reports, sketches,drawings, specifications, proposals and other documents presented by the Consultant. E. 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. F. NOTIFY THE CONSULTANT OF 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. 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. INSURANCE. 1. Requirement. During the term of this Agreement, at its own cost and expense,the Consultant shall maintain in full force and effect insurance policies as enumerated below. 2. Policy Form. All policies save for the professional liability shall be written on an occurrence basis. Professional liability insurance can be either claims made or occurrence basis policies. 3. Additional Insured. The City of Decatur and its officers and employees shall be named as additional insured parties on the general liability policy and included as additional insured parties on the automobile liability policy. The City's interests as additional insured parties shall be on a primary and non-contributory basis on all policies and noted as such on the insurance certificates. 4. Qualification of Insurers. All policies will be written with insurance carriers qualified to do business in the State of Illinois rated A-VIII or better in the latest Best's Key Rating Guide. 5. Form of Policy. All policies shall be written on the most current Insurance Service Office(ISO) or National Council on Compensation Insurance(NCCI)form or a manuscript form if coverage is broader than the ISO or NCCI form. 6. Time of Submission; Certificate of Insurance. At or before the time of execution of this agreement and prior to commencing any work activity on the project,the Consultant shall provide the City's Representative with certificates of insurance showing evidence the insurance policies noted below are in full force and effect. Consultant shall give the City's Representative at least 3 Last Revised:2/03/2022