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R2012-101 AUTHORIZING AN AGREEMENT WITH ONSITE ENGINEERING, LLC
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R2012-101 AUTHORIZING AN AGREEMENT WITH ONSITE ENGINEERING, LLC
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8/21/2015 9:33:33 AM
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Resolution/Ordinance
Res Ord Num
R2012-101
Res Ord Title
AUTHORIZING AN AGREEMENT WITH ONSITE ENGINEERING, LLC, FOR DESIGN SERVICES FOR THE FIRST PHASE OF THE NORTHEAST DRAINAGE DITCH RESTORATION PROJECT
Department
Public Works
Approved Date
5/7/2012
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1 <br /> examination and render in writing decisions pertaining thereto within a reasonable time so as not to <br /> delay the services of the Consulting Engineer. <br /> G. OBTAIN APPROVALS AND PERMITS. Furnish approvals and permits from all governmental <br /> authorities having jurisdiction over the Project and such approvals and consents from others as may <br /> be necessary for completion of the Project. <br /> H. ACCOUNTING, LEGAL AND INSURANCE SERVICE. Provide such accounting, <br /> independent cost estimating and insurance counseling services as may be required for the Project, <br /> such legal services as the City's Representative may require or the Consulting Engineer may <br /> reasonably request with regard to legal issues pertaining to the Project including any that may be <br /> raised by the Contractor(s), such auditing service as the City's Representative may require to <br /> ascertain how or for what purpose any Contractor has used the moneys paid to him under the <br /> construction contract,and such inspection services as the City's Representative may require to <br /> ascertain that the Contractor(s)are complying with any law,rule or regulation applicable to their <br /> performance of the work except as otherwise provided in Section 11. <br /> I. NOTIFY THE CONSULTING ENGINEER OF DEFECTS OR DEVELOPMENT. Give <br /> prompt written notice to the Consulting Engineer whenever the City's Representative observes or <br /> otherwise becomes aware of any development that affects the scope or timing of the Consulting <br /> Engineer's services,or any defect in the work of the Contractor(s). <br /> SECTION IV. GENERAL CONSIDERATIONS <br /> A. SUCCESSORS AND ASSIGNS. The City and the Consulting Engineer each binds their respective <br /> partners, successors,executors, administrators and assigns to the other party of this Agreement and to <br /> the partners, successors, executors,administrators, and assigns of such other party, in respect to all <br /> covenants of this Agreement; except as below, neither the City nor the Consulting engineer shall <br /> assign, sublet, or transfer their respective interests in this Agreements without the written consent of <br /> the other.Nothing herein shall be construed as created any personal liability on the part of any officer <br /> or agent of any public body which may be a party hereto,nor shall it be construed as giving any rights <br /> or benefits hereunder to anyone other than the City and the Consulting Engineer. <br /> B. OWNERSHIP OF DOCUMENTS. All drawings, specifications, reports,records, and other work <br /> product developed by the Consulting Engineer in connection with this Project are public documents <br /> and shall remain the property of the City whether the Project is completed or not. Reuse of any of <br /> the work product of the Consulting Engineer by the City on extensions of this Project or any other <br /> project without written permission of the Consulting Engineer shall be at the City's risk and the City <br /> agrees to defend, indemnify and hold harmless the Consulting Engineer from all damages and costs <br /> including attorney fees arising out of such reuse by the City or others acting through the City. <br /> C. ESTIMATES OF COST(COST OPINION). Since the Consulting Engineer has no control over the <br /> cost of labor and materials, or over competitive bidding and market conditions, estimates of <br /> construction cost provided are to be made on the basis of the Consulting Engineer's experience and <br />
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