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PSA - Design of SRTS Around Kenney Academy Proj. No. 123-017 - DLZ Indiana, LLC
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PSA - Design of SRTS Around Kenney Academy Proj. No. 123-017 - DLZ Indiana, LLC
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Board of Public Works
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Contracts
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4/25/2023
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Version 6-8-2017 <br />10 <br />19.Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, officials, and <br />employees, and to hold each of them harmless, from claims and suits including court costs, attorney's <br />fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or <br />willful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under this <br />Contract, provided that if the CONSULTANT is a “contractor” within the meaning of I.C. 8-3-2-12.5, <br />this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The <br />LPA shall not provide such indemnification to the CONSULTANT. <br />20.Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an <br />individual capacity and not as agents, employees, partners, joint ventures or associates of one another. <br />The employees or agents of one party shall not be deemed or construed to be the employees or agents <br />of the other party for any purposes whatsoever. Neither party will assume liability for any injury <br />(including death) to any persons, or damage to any property, arising out of the acts or omissions of the <br />agents or employees of the other party. The CONSULTANT shall be responsible for providing all <br />necessary unemployment and workers’ compensation insurance for its employees. <br />21.Insurance - Liability for Damages. <br />A.The CONSULTANT shall be responsible for the accuracy of the Services performed under this <br />Contract and shall promptly make necessary revisions or corrections resulting from its <br />negligence, errors or omissions without any additional compensation from the LPA. Acceptance <br />of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent <br />correction of its negligent act, error or omission or for clarification of ambiguities. The <br />CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, <br />specifications or other services furnished to the CONSULTANT by the LPA on which the <br />Consultant has reasonably relied, provided that the foregoing shall not relieve the <br />CONSULTANT from any liability from the CONSULTANT’S failure to fulfill its obligations <br />under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA <br />of any errors or deficiencies which the CONSULTANT knew or should have known existed. <br />B.During construction or any phase of work performed by others based on Services provided by the <br />CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose <br />of interpreting the information, and/or to correct any negligent act, error or omission. The <br />CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or <br />omission without additional compensation, even though final payment may have been received <br />by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes <br />for a minimum of delay to the project. <br />C.The CONSULTANT shall be responsible for damages including but not limited to direct and <br />indirect damages incurred by the LPA as a result of any negligent act, error or omission of the <br />CONSULTANT, and for the LPA’s losses or costs to repair or remedy construction. Acceptance <br />of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent <br />correction. <br />D.The CONSULTANT shall be required to maintain in full force and effect, insurance as described <br />below from the date of the first authorization to proceed until the LPA’s acceptance of the work <br />product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. <br />The CONSULTANT must obtain insurance written by insurance companies authorized to <br />transact business in the State of Indiana and licensed by the Department of Insurance as either <br />admitted or non-admitted insurers. <br />E.The LPA, its officers and employees assume no responsibility for the adequacy of limits and <br />coverage in the event of any claims against the CONSULTANT, its officers, employees, sub- <br />consultants or any agent of any of them, and the obligations of indemnification in Section 19 <br />herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond <br />the term specified, to the fullest extent of the law.
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