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I. NOTIFY THE Ct�NSULTING ENGINEER 4F DEFECTS 4R DEVELOPMENT. Give <br /> prompt written notice to the Consulting Engineer whenever the City's Representative observes or <br /> otherwise hecomes aware of any develapment that affects the scape or timing of the Cansutting <br /> Engineer's services, or any defect in the work of the Contractor(s). <br /> SECTION IV. GENERAL CONSIDERATIONS <br /> A. SUCCESSORS AND ASSIGNS. The City and the Consulting Engineer eaclz binds their respective <br /> partners, successors, executors, administrators and assigns to the other party af this Agreement and to <br /> the partners, s��ccessors, executars, adrninistrators, and assigns of such other party, in respect ta all <br /> covenants of this Agreement; except as below,neither the City nor ihe Consulting engineer shall <br /> assign, sublet, or transfer tlaeir respective inter-ests i��this Agreernents withaL�t the written consent of <br /> the other.Nothing herein sl�all be constri►ed as created any personal lia6ility pn the part of any offcer <br /> ar agent of any public body which may be a party hereto, nor shall it be construed as giving any rights <br /> or benefits hereunder to anyone ather than the City and the Consulting Engineer. <br /> B. OWNERSHIP OF DOCUMENTS. All drawings, speci�cations, reports, recards, and other wor•k <br /> product developed by the Cansultiilg Engineer in cannectian with this Project are public documents <br /> and, upan payl�lent to the Cansulting Engineer, shall remaiii the property oftl�e City whether the <br /> Project is compieted or nat. Rec�se of any of tl�e work product of the Cat-�sulting Enginee�•by ti�e City <br /> or1 exter�sions afthis Project or ar�y other praject witliout written permission af the Consulting <br /> E�lgineer shal!be at the City's risk and tl�e City agrees to defend, inde�nnify and hold harmless the <br /> Consulting Engineer fi-om all damages and costs including attorney fees arisit�g out af sucl�reuse by <br /> the City ar others acting thraugh the City. <br /> C. ESTIMATES OF COST(COST OPINION�. Since the Consulting Engineer has no co��tro!over the <br /> cost of labor and materials, or over coinpetitive bidding and market canditions,estimates of <br /> construction cost pravided are to be made on the basis of the Consulting Engineer's experience and <br /> q�aalifications, 6tl#tl�e Canstaiting Etigineer does not guarantee the accuracy of such estitnates as <br /> campared to the Contractor's bids or the Project construction cost. <br /> D. INSURANCE. <br /> l. Requirement. During tlle term ofthis Agreement, at its own cost and expense, the Corisultirig <br /> Engineer sliall maintain in fuil force a��d effect insurance poEicies as e�lu�nerated betow. <br /> 2. Polic F,y ortzl. All policies save for the professional liability sl�all be written on an occ�iF•rence <br /> basis. Prafessional liability insurance can be either claims �xlade ar occurrence basis policies. <br /> 3. Additianal Insured. TI2e City of Llecatur and its afficers and employees shall be named as <br /> additional irisured parties on tl�e general liability policy and included as additional insured parties <br /> on the automobile 2iability poticy. Tlie City's interests as additional insured partie,s sha11 be on a <br /> primary and non-contributory basis an all policies and noted as sucli on the insurance certi�cates. <br /> 4. Qualification of Insurers. Ail policies will be wr�itten with insurance carriers qualified to da <br /> business in the State of Illinais 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 mast current Insurance Service Office(ISO) <br /> or Nationa]Council on Compensation Insurance{NCCI}form or a manuscript form if coverage is <br /> broader than the ISO ar NCCI form. <br /> Last Revised:08/22/2019 <br />