PSA - Design Services for Southern Gateway Bridge Beautification Project - Ciorba Group, Inc.

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GENERAL CONDITIONS DELAYS – CIORBA will not be liable for delays due to force majeure or any conditions beyond its control. DISPUTE RESOLUTION – Any dispute under this contract shall be subject to mediation as a condition precedent to litigation. ENVIRONMENTAL – CIORBA assumes no responsibility for the detection or removal of any hazardous substances found at the job site. EXTRA WORK - CIORBA's fees are based on our doing the work as described in the proposal letter. Extra Work includes furnishing any other services not specifically set forth in the proposal letter including but not limited to responding to subpoenas or court orders. The fee for all Extra Work will be computed on the basis of direct salaries of personnel actually assigned to the work multiplied by a factor of 2.9 to cover overhead, fringe benefits and profit. Direct costs would be billed at their actual rate. No Extra Work would be undertaken by us without prior written authorization from City of South Bend (CLIENT). INSURANCE – CIORBA agrees to maintain insurance coverage in the following minimum amounts: Professional Liability - $2,000,000 per claim/aggregate General Liability – $1,000,000 Each Occurrence – Bodily Injury $1,000,000 Each Occurrence – Property Damage $2,000,000 Aggregate Automotive Liability (including non-ownership and hired car coverage) -$1,000,000 Per Person/Per Occurrence Employer’s Liability - $500,000 Each Worker’s Compensation - Per Statutory JOBSITE SAFETY – CIORBA is not responsible for job site safety or means and methods. Job site safety and means and methods are the responsibility of the Contractor. CIORBA has no stop work authority. LIMITATIONS OF LIABILITY – The Client agrees, to the fullest extent possible, to limit the liability of CIORBA so that the total aggregate liability of CIORBA shall not exceed CIORBA’s fee as paid for services rendered on the project. It is acknowledged that this limitation of liability applies to any cause of action, be it contract, tort, or any other theory. CLAIMS –The Client agrees to bring any claims against CIORBA corporate entity, not any individual owners or employees of CIORBA firm. The Client and Engineer both agree to waive any claims for consequential damages against each other. (CLIENT) PROVIDED INFORMATION – CIORBA shall have the right to rely on the accuracy of any information provided by the (CLIENT.) CIORBA will not be responsible for reviewing this information for accuracy unless otherwise stated in the Scope of Services. Page 1 of 3 3/26/2020