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R2012-33 AUTHORIZING AGREEMENT WITH LAYNE CHRISTENSEN COMPANY
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R2012-33 AUTHORIZING AGREEMENT WITH LAYNE CHRISTENSEN COMPANY
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8/21/2015 3:35:35 PM
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Resolution/Ordinance
Res Ord Num
R2012-33
Res Ord Title
AUTHORIZING AGREEMENT WITH LAYNE CHRISTENSEN COMPANY
Department
Water
Approved Date
2/21/2012
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coverages and naming the City as an additional insured, to the extent of Layne <br /> Christensen's indemnity commitment. Such insurance shall not be cancelled prior to <br /> the completion of this Agreement. <br /> Section I. CERTIFICATE OF INSURANCE <br /> 1. Prior to the commencement of the terms of this Agreement, Layne Christensen shall <br /> file with the City, and at all times thereafter during the term of this Agreement, keep <br /> in full force and effect, a Certificate of Insurance, signed by an authorized agent of <br /> the insurance company or companies writing the insurance described in said <br /> Certificate showing complete coverage of all insurance required in this Agreement. <br /> Such Certificate shall certify to the following: <br /> a. Name and address of party insured; <br /> b. Name(s) of the insurance company or companies; <br /> c. Name and address of the authorized agent executing such Certificate; <br /> d. The description of the type of the insurance and the coverage afforded thereunder; <br /> e. The insurance policy numbers; <br /> f. The limits of liability of such policies and the date of expiration of the policies; <br /> g. The insurance company or companies shall further certify that said policies shall <br /> not be modified, cancelled or terminated until after no less than thirty(30) days <br /> written notice to the City. <br /> Section J. DOCUMENTS, DRAWINGS, TEST REPORTS AND PLANS <br /> 1. Notwithstanding anything contained in any other Agreement or documents to the <br /> contrary, Layne Christensen and any of its sub-contractors hereby release to the City <br /> any and all right, title and interest in and to any and all documents, drawings, test <br /> reports and plans depicting and/or relating to the work being performed pursuant to <br /> this Agreement and any and all of said documents, drawings, findings, test reports <br /> and data and plans shall become the sole property of the City, upon receipt in full <br /> payment under this contract. <br /> 2. All documents and records in the possession of Layne Christensen, its sub-contractors <br /> and any other person employed by Layne Christensen or its sub-contractor to perform <br /> any act or function pursuant to this Agreement which act or function shall be <br /> considered a governmental function on the City's behalf and directly related to the <br /> governmental function of the City, are subject to the provisions of the Illinois <br /> Freedom of Information Act. Layne Christensen agrees to fully cooperate with the <br /> City to ensure the City's compliance with the Freedom of Information Act and agrees <br /> to indemnify and hold the City harmless for any failure by Layne Christensen to <br /> comply with the provisions of said Act. <br /> Section K. INDEPENDENT CONTRACTOR <br /> 1. Layne Christensen shall be an independent contractor and not an employee of the <br /> City, and nothing contained or written herein shall be construed to the contrary. <br /> 3 <br />
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