R2026-124 Resolution Authorizing Agreement with Burns and McDonnell Engineering Company, Inc., to Provide Professional Engineering Services to the City of Decatur for the South Water Treatment Plant Expansion Plan, City Project 2025-03

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I. NOTIFY THE CONSULTING ENGINEER OF DEFECTS OR DEVELOPMENT. Give prompt written notice to the Consulting Engineer whenever the City's Representative observes or otherwise becomes aware of any development that affects the scope or timing of the Consulting Engineer's services, or any defect in the work of the Contractor(s). J. INFORMATION SUPPLIED BY CITY. Consulting Engineer shall be entitled to rely upon the accuracy and completeness of services and information furnished by City and its Consulting Engineers,agents and representatives, and Consulting Engineer shall have no duty to investigate the accuracy or completeness of such services or information.Consulting Engineer shall provide notice to City if Consulting Engineer becomes aware of any errors,omissions or inconsistencies in the services or information furnished by the City. SECTION IV. GENERAL CONSIDERATIONS A. SUCCESSORS AND ASSIGNS. The City and the Consulting Engineer 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 Consulting Engineer shall assign,sublet, or transfer their respective interests in this Agreements without the written consent of the other.Nothing herein shall be construed as creating 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 Consulting Engineer. B. OWNERSHIP OF DOCUMENTS. All drawings,specifications,reports,records,and other work product developed by the Consulting Engineer in connection with this Project are public documents and, upon payment to the Consulting Engineer, 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 Consulting Engineer shall maintain in full force and effect insurance policies as enumerated below. 2. Policy Form. All policies except 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 included as additional insured parties on the general liability policy and included as additional insured parties on the automobile liability policy. 4. Qualification of Insurers. All policies will be written with insurance carriers authorized to do business in the State of Illinois rated A-VIII or better in the latest Best's Key Rating Guide. 5. Time of Submission; Certificate of Insurance. At the time of execution of this agreement and prior to commencing any work activity on the project,the Consulting Engineer shall provide the City's Representative with Acord certificates of insurance showing evidence the insurance policies noted below are in full force and effect. Consulting Engineer shall give the City's Representative at least 30 days written notice prior to any,cancellation,or non-renewal except in the case of cancellation for non-payment of premium, in which case notice shall be 10 days. A sample certificate is attached hereto as Exhibit E and shall be replaced by the final certificate of insurance prior to commencing any work activity on this project. The Consulting Engineer shall provide any renewal certificates of insurance automatically to the City's Representative prior to policy expiration. The certificate must evidence the following per this written Agreement: 3 Last Revised:2/03/2022