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A. SUCCESSORS AND ASSIGNS. The City and the Consulting Engineer each binds their respective <br /> partners,successors, executors,administrators and assigns to the other party of this Agreement and to <br /> the 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 Consulting engineer shall <br /> assign, sublet, or transfer their respective interests in this Agreements without the written consent of <br /> the other.Nothing herein shall be construed as created any personal liability 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 giving any rights <br /> or benefits hereunder to anyone other than the City and the Consulting Engineer. <br /> B. OWNERSHIP OF DOCUMENTS. All drawings, specifications,reports,records, and other work <br /> product developed by the Consulting Engineer in connection with this Project are public documents <br /> and,upon payment to the Consulting Engineer, shall remain the property of the City whether the <br /> Project is completed or not. <br /> C. ESTIMATES OF COST(COST OPINION). Since the Consulting Engineer has no control over the <br /> 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 Consulting Engineer's experience and <br /> qualifications, but the Consulting Engineer does not guarantee the accuracy of such estimates as <br /> 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 Consulting <br /> Engineer shall maintain in full force and effect insurance policies as enumerated below. <br /> 2. Policy Form. All policies save 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 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 /> 6. Time of Submission; Certificate of Insurance. At or before the time of execution of this <br /> agreement and prior to commencing any work activity on the project,the Consulting Engineer <br /> shall provide the City's Representative with certificates of insurance showing evidence the <br /> insurance policies noted below are in full force and effect. Consulting Engineer shall give the <br /> City's Representative at least 30 days written notice prior to any coverage being reduced or <br /> restricted, cancellation,or non-renewal except in the case of cancellation for non-payment of <br /> premium, in which case notice shall be 10 days. The certificates shall be attached hereto as <br /> Exhibit E. The Consulting Engineer shall provide any renewal certificates of insurance <br /> automatically to the City's Representative at least 30 days prior to policy expiration. The <br /> certificate must certify the following: <br /> a. Name and address of party insured. <br /> b. Name(s)of insurance company or companies. <br /> 6 <br /> Last Revised:2/03/2022 <br />