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I. NOTIFY THE COl'�ISULTING ENGIl�TEER 4F DEFECTS C?R DEVEL4PMENT. Give <br /> prompt written notice ta the Consulting Engineer whenever the City's Representative observes or <br /> otherwise becomes aware of any development that affects the scope or timing af the Consulting <br /> Engineer's services,or any defect in the wark of the Cantractar(s), <br /> SECTIQN IV. GENERAL CONSIDERATIO�NS <br /> A. SUCCESS4RS AND ASSIGI`dS.The City and tlae Consulting Engineer each binds their respective <br /> partners, successors,executors, administrators and assigns to the other party of this Agreement and to <br /> the partners, successars,executors,administrators,and assigns af such other party, in respect to alI <br /> covenants af this Agreement;except as below, neither the City nor the Consulting engineer shall <br /> assign, sublet,ar transfer their respective interests in this Agreements without the written consent af <br /> the other. Na#hing herein shall be construed as created any personal liabitity on the part of any afficer <br /> ar agent of any public bady which may be a party hereto,nor shail it be construed as giving any rights <br /> ar benefits hereunder to anyone other than the City and the Consuiting Engineer. <br /> B. OWNERSHIP OF DC?CUMENTS. All drawings,specifications,reports,records,and other work <br /> praduct developed by the Consulting Engineer in cannection with ihis Praject are public docu�ents <br /> and,upon payment to the Consulting Engineer, shall remain the property of the City whether the <br /> Project is completed ar not. Reuse af any af the work product of the Cansulting Engineer by the City <br /> on any other project withoat written permissian of the Consulting Engineer shall be at the City's risk <br /> and the City agrees ta defend,indemnify and hoId harmless the Consulting Engineer from all <br /> damages and costs incIuding attorney fees arising out of such rease by the City or others acting <br /> through the�ity. <br /> C. ESTIlYIATES OF CC1ST fCOST UPINION}. Since the Consulting Engineer has no control over the <br /> cost of labor and znaterials,or aver competitive bidding and market conditians,estimates a€ <br /> constructiot�cost provided are to be made on the basis af the Consulting Engineer s experience and <br /> qualifications,but the Consulting Engineer daes not guarantee the accuracy of such estimates as <br /> compared to the Contractor"s bids or the Praject consiruction cost. <br /> D. INSURANCE. <br /> l. Rec�uirement. During the terrn of this Agreement,at its own cost ai�d expense,the Consulting <br /> Engineer shall maintain in futl faree and effect insurance policies as enamerated beiow. <br /> 2. Polic FY orm. Al1 policies save for the professional liability shail be writien on an oceurrence <br /> basis. Professionai liability insurance can be either claims made or occurrence basis poiicies. <br /> 3. Additional Insured. The City of Decatur and its afficers and employees shall be narned as <br /> additional insured parties on the general liability policy and included as additional insured parties <br /> on the autornobile Iiability policy. The City's interests as additianal insured parties shall be on a <br /> primary and nan-contributory basis on all policies and noted as such on the insurance cerCificates. <br /> 4. Qualification of Insurers. All po]icies will be written with insurance carriers qualified to da <br /> business in the State of Illinc�is rated A-VIII or better in the laEest Best's Key Rating Guide. <br /> 5. Farm of Palicv. All policies shall be written on the mast current Insurance Service Office(IS4) <br /> or National Cauncil on Compensation Insurance(NCC�form ar a manuscript form if coverage is <br /> broader than the ISO or NCCI form. <br /> L.asi Revised:OSl22i2�i8 <br />