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assign, sublet, or transfer their respective interests in this Agreements without the written consent of <br /> the other.Nothing hecein 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 conshued as giving any rights <br /> or benef ts hereunder to anyone other than the City and the Consulting Engineer. <br /> B. OWNERSHIP OF DOCUMENTS. All drawings, specifications, repoi•ts,records,and other work <br /> product developed 6y the Consulting Engineer in conncction with this Project are public documents <br /> and, upon payment to the Consulting Engineer,shall remain the prope�ty of the City whether the <br /> Project is completed ot•not. Reuse of any of the work product of the Consulting Engineer by the City <br /> on extensions of this Project or any other project without wi•itten pennission of the Consulting <br /> Engineer shall be at the City's risk and the City agrees to defend, indemnify and hold harmless the <br /> Consulting Eiigineer from all damages and costs including attorney fees arising out of such reuse by <br /> the City or others acting through the City. <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►narket 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 Cont�•actor's bids a�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 Fonn. All policies save for the professional liability shall be written on an occurrence I� <br /> basis. ProPessional liability insurance can be either claims made or occurrence basis policies. j <br /> i <br /> 3. Additional I�Zsured. 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 pai-ties shall be on a <br /> primary and non-contributory basis on all policies and noted as such on the ins�irance certificates. ' <br /> 4. Oualification 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. Fonn of Policv. All policies shall be written on the most current Insurance Service Office(ISO) <br /> ot•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 titne of execution of this <br /> agreement and prior to commencin�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 fiill force and effect. Consulting Engineer shall give the <br /> City's Representative at least 30 days written notice prior to any inaterial change,cancellation,or <br /> non-renewal except in the case of cancellation for non-payment of premium, in which case notice <br /> shall be 10 days. The certificates shall be attached hereto as Exhibit E.The Consulting Engineer <br /> shall provide any renewal ceitificates of insurance automatically to the City's Representative at <br /> least 30 days prior to policy expiration. The ceitificate must ceitify the following: <br /> a. Name and address of party insured. <br /> b. Name(s) of insurance company or companies. <br /> Last Rcvised:04l29/2015 • <br />