Agenda - Council - 06/11/1992 - Laserfiche WebLink

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Section VII. _THE_ CITY ~nd THE ENGINEER further .agree to the followinq ¢onditio. ns: OwnershiD of Documents: The completed tracings and master specifica- tion sheets shall remain the property of THE CITY. THE CITY may use information provided on the tracings and specification sheets as basic as- built information for purposes of additions or expansions of the Project or utility system. Such use by THE CITY shall not encumber any liability on the part of THE ENGINEER. THE CITY agrees to hold harmless THE ENGINEER in any case where THE CITY's use of record draw-ings leads to a civil suit or legal action. Arbitration: Arbitration of all questions in dispute under this Agreement may be arranged by mutual agree ment of both parties and shall be in accordance with rules of the American Arbitration Association. This Agreement shall be specifically enforceable under the prevailing arbitration law and judgment upon the award rendered may be entered in the court of the forum, state or federal, having jurisdiction. Arbitrator's decision shall be final. Insurance: (1) Worker's Compensation: THE ENGINEER shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement. (2) Professional Liability Insurance: THE ENGINEER agrees to provide to THE CITY a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability 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. Termination: This Agreement may be terminated by either party for any reason by fifteen (15) 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. Section VIII. Successors and Assigns: This Agreement and all of the covenants thereof shall be to the benefit of and be binding upon THE CITY and THE ENGINEER respectively and his 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 here under without written consent of the other party. 9