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I. N4TIFY THE CQNSULTING ENGINEER 4F DEFECTS OR DEVELOPMENT. Give <br /> prnmpt written notice to the Consulting Engineer whenever the City's Representative observes or <br /> otherwise becoznes aware af any developtnent tllat affects the sct�pe ar timing af the Consutting <br /> Engineer's services, ar any defect in the work ofthe Contractor(s). <br /> SECTION IV. GENER.AL CONSIDERA.TIONS <br /> A. SUCCESSORS AND ASSIGNS. The City and the Consulting Engineer each binds their respective <br /> partners, successors, executors,administra#ors and assigns to tha other party of this Agreement and to <br /> the partners, successars,executars,administrators,and assigns af such other party, in respect to all <br /> covenants of this Agreement;except as below, neither the City nor the Consulting engineer s�all <br /> assign, sublet,ar transfer tl�eir respective interests in this Agreennents without the written conse�rt of <br /> the otlier.Nothing herein shal!be canstrued as created any personal liabitity an the part of any officer <br /> or agent of any pubtic body which may be a parly hereto, t�or shall it be construed as giving any rights <br /> or benefits hereunder to anyone other than tl�e City and the Consulting Engineer. <br /> B. OWNERSHIP OF I7QCUMENTS. Al)drawings, speci�cations,reports, records, and other work <br /> praduct deveEaped by the Consulting Engineer in connection with this Project are public dacu�nents <br /> and, upan payment to the Consulting Engineer, shall remain the property ofthe City whether the <br /> Project zs cc�mpleted or not. Reuse of any of the work product af the Consulting Engineer by the�ity <br /> on extensions of this Project or any other project without written permission af the Consulting <br /> Engineer shall be at the City's risk and tl�e City agrees to defend, indemi3ify and hotd harmless the <br /> Cansulting Engineer from all damages and casts including attorney fees arising out af such reuse by <br /> the City or athers acting through the City. <br /> C. ESTIMATES (�F C4ST(COST QPINIONLSince the Consulting Engineer l�as no control over tlle <br /> cost of labar and materials, or c�ver connpetitive bidding and market conditions,estimates of <br /> construction cost provided are to be made on tl�e basis of the Consulting Engineer's experience and <br /> qualifications, but the C4nsulting Engineer does not g«arantee the accuracy of such estimates as <br /> carnpared to the Contractor's bids or the F'roject constructian cost. <br /> D. INSURANCE, <br /> 1. Requirement. During the term of this Agreement, at its own cost and expense, the Consulting <br /> Engineer shall maintain in futl force and effect insurance policies as enumerated below. <br /> 2. Polic, F�or_m. All policies save for the prafessianal liability shail be written on an accurrence <br /> basis. Professior�al liab'rlity insurance can be either claims made or occurrence basis poticies. <br /> 3, Additional Insured. The City of Decatur and its officers and e�nplayees shall be named as <br /> additianal insured parties on the general liability policy and i��cluded as additional insured parties <br /> on the autan�obile liabili#y policy. The City's interests as additional insured parties shall6e on a <br /> prirnary and non-oontributory basis on all poticies and noted as such on the insarance certificates. <br /> 4. Qualificatian of Insurers. All policies wili be written with insurance carriers qaaiified to do <br /> business in the State of Illinois rated A-VIII 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 /> or National Couneil c�n Compensation Insurance{NCGI}farm ar a nnanuscript form if coverage is <br /> broader than the 150 or NCCI form. <br /> L,ast Revised:0$/22/2019 <br />