R2002-46 AUTHORIZING EXECUTION OF AN AGREEMENT

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• r . Design Professional shall include the City of Decatur, Illinois, and its officers, employees, and agents as additional insured on policies of insurance except for Workers' Compensation and Professional Liability. Owner assumes sole responsibility and waives all rights and claims against Design Professional ' for all loss of or damage to property owned by or in the custody of Owner and any items at the job site or in transit thereto (including, but not limited to, construction work in progress), however such loss or damage shall occur, except for the fault or negligence of Design Professional. Owner shall require all Project contractors under contract with Owner to include Owner and Design Professional as additional insureds on their general, automobile, excess, and umbrella liability insurance policies. Further, Owner shall obtain and maintain for the benefit of Design Professional the same indemnities, waivers of subrogation rights and insurance benefits obtained for the protection of the Owner from any construction contractor and subcontractor working on the Project and shall obtain from that contractor and subcontractor insurance certificates evidencing the required coverages. ARTICLE 9 -LIMITATIONS OF RESPONSIBILITY Design Professional shall not be responsible for: (1) construction means, methods,techniques, sequences,procedures, or safety precautions and programs in connection with the Project; (2)the failure of any contractor, subcontractor,vendor, or other Project participant, not under contract to Design Professional,to fulfill contractual responsibilities to the Owner or to comply with federal, state, or local laws, regulations, and codes; or(3)procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Design Professional in Attachment A, Scope of Services. 5 SLW.DecatudCity of Decatur Agreement I.ake Decatur 83104.700 03/OS/02