08-25-2004 Council Agenda - Laserfiche WebLink

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insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for THE CITY, in the insured's capacity as Engineer, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 for each occurrence. d. Certificates of Insurance and Cancellation Provisions: THE ENGINEER shall provide THE CITY with certificates of insurance evidencing the required coverages outlined in Section VII.2 (a, b & c) with a thirty -day notice of cancellation of said policies and also naming THE CITY as an additional insured. e. Transition Plan: THE ENGINEER agrees to fully insure all work assigned to its firm pursuant to the Transition Plan attached as Exhibit C to this Agreement. 3. Termination: This Agreement may be terminated by either party for any reason by thirty (30) days written notice, in which case THE ENGINEER shall be paid for services performed where documents are furnished to the date of termination, including reimbursements then due, plus terminal expense, but less reasonable costs for necessary corrections. Should termination be initiated by THE ENGINEER, THE ENGINEER shall complete all outstanding assignments and projects based upon the terms and conditions of this Agreement, if so requested by THE CITY in writing. It is further understood that termination of this Agreement shall not constitute a waiver of any claim THE CITY may otherwise have arising out of this Agreement. Section VIII. Successors and Assigns: This Agreement and all of the covenants thereof shall inure to the benefit of and be binding upon THE CITY and THE ENGINEER respectively and his /her partners, successors, assigns and legal representatives. Neither THE CITY nor THE ENGINEER shall have the right to assign, transfer or sublet its interest or obligation hereunder without written consent of the other party. Section IX. Special Provisions: THE CITY and THE ENGINEER mutually agree that this Agreement shall be subject to the following special provisions which shall supersede other conflicting provisions of this Agreement. 1. Upon request, THE ENGINEER shall furnish to THE CITY copies of design calculation sheets for all projects covered by this Agreement. 2. All change orders shall be approved by THE CITY before they are issued to the Contractor. 3. It is understood that changing conditions may warrant a change in budget for any engineering work which may only be made with THE CITY's approval on a timely basis. Any consideration for adjustment of a budget must be brought to the attention of the City Council for approval.