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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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- ARTICLE 10 - OPINIONS OF COST AND SCHEDULE <br /> Since Engineer has no control over the cost of labor, materials, or equipment furnished by others <br /> not under contract to Engineer, or over the resources provided by others not under contract to <br /> Engineer to meet Project schedules, Engineer's opinion of probable costs and of project schedules <br /> for construction shall be made on the basis of experience and qualifications as a professional <br /> engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary <br /> from Engineer's opinions of probable cost or that actual schedules will not vary from Engineer's <br /> projected schedules. <br /> ARTICLE 11 - REUSE OF DOCUMENTS <br /> All documents, including, but not limited to, drawings, specifications, and computer software <br /> prepared by Engineer pursuant to this Agreement are instruments of service in respect to any of <br /> the Projects. They may be reused by Owner or others on extensions of any of the Projects or on <br /> any other project. Any reuse without prior written verification or adaptation by Engineer for the <br /> specific purpose intended will be at Owner's sole risk and without liability or legal exposure to <br /> Engineer. Owner shall defend, indemnify, and hold harmless Engineer against all claims, losses, <br /> damages, injuries, and expenses, including attorneys' fees, arising out of or resulting from such <br /> unverified or unadapted reuse. Any verification or adaptation of documents will entitle Engineer <br /> to additional compensation at rates to be agreed upon by Owner and Engineer. <br /> Any files delivered in electronic media may not work on systems and software different than <br /> those with which they were originally produced. Engineer makes no warranty as to the <br /> compatibility of these files with any other system or software. Because of the potential <br /> degradation of electronic medium over time, in the event of a conflict between the sealed original <br /> drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. <br /> ARTICLE 12 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY <br /> Project specific engineering documents, drawings, and specifications prepared by Engineer as <br /> part of the Services shall become the property of Owner when Engineer has been compensated <br /> for all Services rendered, provided, however, that Engineer shall have the unrestricted right to <br /> 7 I'I <br /> Ciry of Decatur,IL OS-30-03 � <br />
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