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assign, sublet, pr transfer their respective interests in this Agreements without the written consent af <br /> the other.Nothing herein shall be canstrued as created any peesonal liabiliry on the part of any officer <br /> or agent of any public body which may be a party hereto,nor shall it be construed as�iving any rights <br /> or benefits l�ereunder to anyone other t}7an the City and th�Cons��lting Engir�eer. <br /> B. QWN�RSHIP OF DOCUMEN"i'S. All drawings,specificatio�ts, reports,records,and other work <br /> pt•oduct developed l�y the Consulting Engineer in ionnection���ith this Praject are public documents <br /> and,upon paynient to the Consulting Engineer, shall remain the property�f the City whether the <br /> Projec�is completed ar not. <br /> C. ESTIMATES OF CEaST(,CQST QPINIt�N). Since the Consulting Engineer has no cc�ntral over the <br /> cost of labor and materials,or over competitive vidding and tnarket conditions, estimatzs of <br /> construction cost provided are to!�e made on the basis of the Cartstttting Engineer's experience and <br /> qualifications,but the Consulting Fngineer does not guarantee the accuracy of such estimates as <br /> eompared to the Contractor's bids or the Project constructia�cost. <br /> D. INSURANCE. <br /> 1. Requirement. During the term of this Agreement,at its own cost and expense,the Consulting <br /> Engineer shall Inaintain in full farce and effect insurance pc�licies as enumerated belflw. <br /> 2. Poticy Farm. All policies save for the professional liability shal] be writteri on an occurrence <br /> basis. Prafessional liability insurance can be either claims made ar occure-ence basis palicies. <br /> 3. Additic�nal Insured. The City af I)ecatur and its officers and emplayees shall be named as <br /> additional insured parties on tl�e general liability policy and included as additional insured parties <br /> on the automabile tiabil'tty policy. The City's interests as additional insured parties shall be c�n a <br /> primary and non-contributory basis on all policies and nated as such on the insurance certificates. <br /> 4. Qualitieatian of Insurers. All poticies will be written with insurance carriers qualified to do <br /> business in the State of Illinois rated A-V11C or better in the latest Best's Key Rating Guide. <br /> 5. Form of Policv. All palicies shall be written on the most current Insurance Service Office(ISO) <br /> c�€National Couitcil Qn Compensation Insurance(NCCI)form or a manuscript form if coverage is <br /> broader than the i50 or NCCI form. <br /> 6. Tin�e of Submission• Certificate of Insurance. At or before the time of eYecution of this <br /> agreement and prior to e�mrner�cing any work activity an the project,the Cansulting En�ineer <br /> shall provide the City's Representative with certificates of insurance showing evidence the <br /> insurance policies noted below are in full farce and effect. Consulting Engineer shall give the <br /> Cit��'s Representative at least 30 days written notice prior to any material change,caneellation,Qr <br /> non-renewal except in the case of cancellation for non-payment of premium, in which case notice <br /> shal! be ]0 days. The certificates shal(be attached hereto as Exhi6it E,The Consulting Engineer <br /> shall provide any renewal certificates of insurance automatically to tlae City's Representative at <br /> least 30 days prior to po(icy expiration. The certificate trtust certify the follawing: <br /> a. Name and address of partv insured. <br /> b. Name(s)of insurance company or companies. <br /> c. Name and adclress of authorized agent eYecuting such certificate. <br /> d. Description of type af insura��ce and coverage afforded tl�ereu�der. <br /> l..ast Rcvised:09t27/20l 8 � <br />