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Docusign Envelope ID: 1 Al DFD23-B9AC-4FF4-8F3A-05E6D6672FB1 <br /> I. NOTIFY THE CONSULTANT OF DEFECTS OR DEVELOPMENT. Give prompt written <br /> notice to the Consultant whenever the City's Representative observes or otherwise becomes aware of <br /> any development that affects the scope or timing of the Consultant's services,or any defect in the <br /> work of the Contractor(s). <br /> J. INFORMATION SUPPLIED BY CITY. Consultant shall be entitled to rely upon the accuracy <br /> and completeness of services and information furnished by City and its consultants,agents and <br /> representatives,and Consultant shall have no duty to investigate the accuracy or completeness of such <br /> services or information. Consultant shall provide notice to City if Consultant becomes aware of any <br /> errors,omissions or inconsistencies in the services or information furnished by the City. <br /> SECTION IV. GENERAL CONSIDERATIONS <br /> A. SUCCESSORS AND ASSIGNS.The City and the Consultant each binds their respective partners, <br /> successors,executors, administrators and assigns to the other party of this Agreement and to the <br /> partners, successors, executors, administrators,and assigns of such other party,in respect to all <br /> covenants of this Agreement;except as below,neither the City nor the Consultant shall assign,sublet, <br /> or transfer their respective interests in this Agreements without the written consent of the other. <br /> Nothing herein shall be construed as creating any personal liability on the part of any officer or agent <br /> of any public body which may be a party hereto,nor shall it be construed as giving any rights or <br /> benefits hereunder to anyone other than the City and the Consultant. <br /> B. OWNERSHIP OF DOCUMENTS. All drawings, specifications,reports,records,and other work <br /> product developed by the Consultant in connection with this Project are public documents and,upon <br /> payment to the Consultant, shall remain the property of the City whether the Project is completed or <br /> not. <br /> C. INSURANCE. <br /> 1. Requirement. During the term of this Agreement,at its own cost and expense,the Consultant <br /> shall maintain in full force and effect insurance policies as enumerated below. <br /> 2. Policy Form. All policies except for the professional liability shall be written on an occurrence <br /> basis. Professional liability insurance can be either claims made or occurrence basis policies. <br /> 3. Additional Insured. The City of Decatur and its officers and employees shall be included as <br /> additional insured parties on the general liability policy and included as additional insured parties <br /> on the automobile liability policy. <br /> 4. Qualification of Insurers. All policies will be written with insurance carriers authorized to do <br /> business in the State of Illinois rated A-VIII or better in the latest Best's Key Rating Guide. <br /> 5. Time of Submission,• Certificate of Insurance. At the time of execution of this agreement and <br /> prior to commencing any work activity on the project,the Consultant shall provide the City's <br /> Representative with Acord certificates of insurance showing evidence the insurance policies <br /> noted below are in full force and effect. Consultant shall give the City's Representative at least <br /> 30 days written notice prior to any,cancellation,or non-renewal except in the case of cancellation <br /> for non-payment of premium,in which case notice shall be 10 days. A sample certificate is <br /> attached hereto as Exhibit E and shall be replaced by the final certificate of insurance prior to <br /> commencing any work activity on this project. The Consultant shall provide any renewal <br /> certificates of insurance automatically to the City's Representative prior to policy expiration. The <br /> certificate must evidence the following per this written Agreement: <br /> 3 <br /> Last Revised:2/03/2022 <br />