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R2003-85 AUTHORIZING THE EXECUTION OF CONTINUING AGREEMENT
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R2003-85 AUTHORIZING THE EXECUTION OF CONTINUING AGREEMENT
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1/13/2016 4:23:37 PM
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Resolution/Ordinance
Res Ord Num
R2003-85
Res Ord Title
AUTHORIZING THE EXECUTION OF CONTINUING AGREEMENT FOR ENGINEERING SERVICES
Approved Date
6/16/2003
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• 5.1 Obtain all permits and licenses required to be taken out in the name of Owner which are necessary �! <br /> for the performance of the Services; ' <br /> 5.2 Provide Engineer with all specifications necessary for the completion of the Services; I <br /> 5.3 Provide Engineer with soil data evidencing that the site is clean and free of above ground and II <br /> underground obstructions, fissures, faults and other similarly hidden features which will interfere with ' <br /> the completion of the Services; ' <br /> 5.4 Advise Engineer of the existence and undertake the abatement and disposal of all hazardous <br /> materials, including, but not limited to, asbestos,polychlorinated biphenyls (PCBs) and radioactive I <br /> material and other toxic substances, encountered by Engineer in the performance of the Services; and ', <br /> 5.5 Appoint an individual who shall be authorized to act on behalf of Owner, with whom Engineer I <br /> may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon � <br /> Owner as to all matters pertaining to this Agreement and the performance of the parties hereunder. <br /> ARTICLE 6 - STANDARD OF CARE <br /> Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as <br /> is ordinarily possessed and exercised by a professional engineer under similar circumstances. NO <br /> OTHER WARRANTY, EXPRESSED OR IMPLIED,IS INCL UDED IN THIS A GREEMENT OR <br /> INANYDRAWING, SPECIFICATION, REPORT, OR OPINIONPRODUCED PURSUANT TO <br /> THIS AGREEMENT. <br /> ARTICLE 7 - LIABILITY AND INDEMNIFICATION <br /> 7.1 General. Having considered the potential liabilities that may exist during the performance of the <br /> Services,the benefits of the Projects, and the Engineer's fee for the Services, and in consideration of the <br /> promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in <br /> accordance with this Article. Indemnities a ainst releases from and limitations on liabili ex ressed in <br /> g , , <br /> tY p <br /> this Agreement shall apply even in the event of the breach of contract or warranty, tort (including <br /> j negligence), strict liability or other basis of legal liability of the party indemnified or released, ar of the <br /> party whose liability is limited. Such indemnities, releases, and limitations shall extend to the partners, <br /> licensors, subcontractors, vendors and related entities of such party, and all such parties' directors, <br /> officers, shareholders, employees, and agents. <br /> 3 <br /> City of Decatur,IL OS-30-03 <br />
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