R2011-03 AUTHORIZING AN AGREEMENT WITH BAINBRIDGE, GEE, MILANSKI AND ASSOCIATES, INC.

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L NOTIFI' THE CONSt1LTING ENGINEEP. OF DEFECTS OR DE��ELOPMEI�TT. Give prompt written notice to the Consultin;�En�=inee;whenever the Cit}�'s Representative observes or otherwise becomes aware of an} development thai affects the scope or timin�,of the Consultin= Engineer's services. or am defect in the work of the Contractor(s). S�CTION IV. GENERAL CONSIDERATIONS A. SUCCESSORS AND ASSIGNS. The Cit}� and the Consulting En�ineer each binds their respective partners, successors. executors. administrators and assi�ns to the other part}�of this Agreement and to the partners. successors. executors, ad�ninistrators, and assigns of such othei�parn�. in respect to all covenants of this Am�eement: eacept as below. neither the Citi�nor the Consultin�engineer shall assign, sublet, or transfer their respective interests in this Agreements without the written consent of the other. Nothing herein shall be construed as created any personal liabilit��on the part of an}� officer or-agent of any public bod��whicll may be a part}� hereto_ nor shall it be construed as giving an}�rights or benefits hereunder to anyone other than the Cit��and the Consulting Engineer. B. OVVNERSHIP OF DOCUMENTS. All drawings, specifications, reports,records, and other worl: product developed b}�the Consulting Engineer in connection with this Project are public documents and shall remain the propert}� of the Cit}�whether the Project is completed oi•not. Reuse of any of the work product of the Consulting Engineer by the Cit��on extensions of this Project or an}� other project without written permission of the Consultin�En�ineer shall be at the Cit}�'s risk and the City agrees to defend, indemnify and hold harmless the Consulting Engineer from all damages and costs including attorney fees arising out of such reuse by the City or others acting through the City. C. ESTIMATES OF COST(COST OPINION�Since the Consulting Engineer has no control over the cost of labor and materials. or over competitive bidding and market conditions. estimates of construction cost provided are to be made on the basis of the Consulting Engineei•'s experience and qualifications, but the Consulting Engineei-does not guarantee the accurac��of such estimates as compared to the Contractor's bids or the Project construction cost. D. INSURANCE. 1. Requirement. During the term of this Agreement, at its own cost and expense, the Consulting Engineer shall maintain in full force and effect insurance policies as enumerated below. 2. Policv Form. All policies save for the professional liabilit�� shall be written on an occurrence basis. Professional liabilit}� insurance can be eithet-claims made or occurrence basis policies. 3. Additional Insured. The City of Decatur and its officers and employees shall be named as additional insured parties on the general liability policy and included as additional insured parties on the automobile liabilit}�policy. The City's interests as additional insured parties shall be on a primary and non-contributory basis on all policies and noted as such on the insurance certificates. 4. Qualification of Insurers. All policies will be written with insurance carriers c�ualified to do business in the State of Illinois rated A-VIII or bettei• in the latest Best's I�e}�Ratinb Guide. 5. Fonn of Policv. All policies shall be written on the most current Insurance Service Office (ISO) or National Council on Compensation Insurance(NCCI) fonn or a manuscript forn� if covera�e is broader than the ISO or NCCI form. 6. Time of Submission: Certificate of Insurance. At or before the time of eaecution of this agreement and prior to coinmencing any work activit}� on the project,the Consulting Engineei- shall provide the Cit��"s Representative with certificates of insurance showing evidence the