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I. NOTIFY THE PROFESSIONAL SERVICE PROVIDER OF DEFECTS OR <br /> DEVELOPMENT. Give prompt written notice to the Professional Service Provider whenever the <br /> City's Representative observes or otherwise becomes aware of any development that affects the scope <br /> or timing of the Professional Service Provider's services, or any defect in the work of the <br /> Contractor(s). <br /> SECTION IV. GENERAL CONSIDERATIONS <br /> A. SUCCESSORS AND ASSIGNS The City and the Professional Service Provider each binds their <br /> respective partners,successors,executors,administrators and assigns to the other party of this <br /> Agreement and to the partners,successors,executors,administrators,and assigns of such other party, <br /> in respect to all covenants of this Agreement;except as below,neither the City nor the Professional <br /> Service Provider shall assign,sublet,or transfer their respective interests in this Agreements without <br /> the written consent of the other.Nothing herein shall be construed as created any personal liability on <br /> the part of any officer or agent of any public body which may be a party hereto,nor shall it be <br /> construed as giving any rights or benefits hereunder to anyone other than the City and the <br /> Professional Service Provider. <br /> B. OWNERSHIP OF DOCUMENTS All drawings,specifications,reports,records,and other work <br /> product developed by the Professional Service Provider in connection with this Project are public <br /> documents and, upon payment to the Professional Service Provider,shall remain the property of the <br /> City whether the Project is completed or not. <br /> C. ESTIMATES OF COST(COST OPINION) Since the Professional Service Provider has no control <br /> over the cost of labor and materials,or over competitive bidding and market conditions,estimates of <br /> construction cost provided are to be made on the basis of the Professional Service Provider's <br /> experience and qualifications,but the Professional Service Provider does not guarantee the accuracy <br /> of such estimates as compared to the Contractor's bids or the Project construction cost. <br /> D. INSURANCE. <br /> 1. Requirement During the term of this Agreement,at its own cost and expense,the Professional <br /> Service Provider shall maintain in full force and effect insurance policies as enumerated below. <br /> 2. EPqLicy Form. All policies shall be written on an occurrence basis. <br /> 3. Additional Insured. The City of Decatur and its officers and employees shall be named as <br /> additional insured parties on the general liability policy and included as additional insured parties <br /> on the automobile liability policy. The City's interests as additional insured parties shall be on a <br /> primary and non-contributory basis on all policies and noted as such on the insurance certificates. <br /> 4. Qualification of Insurers All policies will be written with insurance carriers qualified 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 Policy. All policies shall be written on the most current insurance Service Office(ISO) <br /> or National Council on Compensation Insurance(NCCI)form or a manuscript form if coverage is <br /> broader than the ISO or NCCI form. <br /> Last Revised:6/3/2021 <br />