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Contract for The Provision of Municipal Engineering Consulting Services to The City of North Olmsted, Ohio Page 6 of 7 support. CVE will perform design services for all public (capital) improvement projects using its professional resources. From time to time, the City may determine that a request from the City for engineering services cannot be delivered by CVE as it is either outside of CVE's core competence or professional experience, cannot be completed within time constraints, or the scope of work is so large as CVE cannot devote adequate staff to complete the project. Under these circumstances, the City Engineer and Economic and Community Development Director will agree to the scope of work and the City shall engage said outside professionals to provide needed support or design services, as a prime consultant to the City. The City Engineer will, under these circumstances, provide review, oversight and coordination of outside services to be integrated into other City projects and work at the hourly rates in Section 3. Except as this agreement otherwise provides, all claims, counterclaims, disputes and other matters in question between the City and the Engineer, the Assistant City Engineer, and the CVE out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall be solely responsible for their own attorney fees. The cost of the arbitrator and any fees imposed by the AAA shall be shared equally by the parties. No assignment by a party hereto of any rights, obligations, or interests in this Agreement shall be permitted without the prior written consent of the other party; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. City, Engineer and CVE each binds itself, its partners, successors, assigns and legal representatives to all of the covenants, agreements and obligations contained in the Agreement. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. In lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid, and unenforceable provision as may be possible and be legal, valid and enforceable. Section 5. CVE agrees that for the duration of its employment by this Municipality neither they nor any member of CVE or employee thereof, will accept any private engineering or surveying work that requires their review and/or approval unless such work is approved by the Mayor and Council; however, work for Federal, State, County or Regional Governments is not prohibited. Section 6. CVE shall maintain Professional Liability Insurance in the Amount of $2,000,000 and provide the City with a Certificate naming the City as an additional insured during the period this Ordinance is in effect. Section 7. Documents and Files: All engineering documents and project files, both printed and digital, created for the purposes serving the City of North Olmsted shall be the property of the City of North Olmsted. A