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No. 3128 Approving and authorizing the execution of an Addendum to the Master Agency Agreement (Fellows Street Amendment #5)
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No. 3128 Approving and authorizing the execution of an Addendum to the Master Agency Agreement (Fellows Street Amendment #5)
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ENGINEER affirms under the penalties of perjury that he /she/it does not <br />knowingly employ an unauthorized alien. ENGINEER shall enroll in and verify the work <br />eligibility status of all his/her /its newly hired employees through the E- Verify program as <br />defined in IC 22- 5- 1.7 -3. ENGINEER shall not knowingly employ or contract with an <br />unauthorized alien. ENGINEER shall not retain an employee or contract with a person <br />that ENGINEER subsequently learns is an unauthorized alien. <br />ENGINEER is not required to participate in the E- Verify program should the E- <br />Verify program cease to exist. Additionally, the ENGINEER is not required to participate <br />if the ENGINEER is self - employed and does not employ any employees. <br />ENGINEER shall require his /her /its subcontractors, who perform work under this <br />contract, to certify to ENGINEER that the subcontractor does not knowingly employ or <br />contract with an unauthorized alien and that the subcontractor has enrolled and is <br />participating in the E- Verify program. ENGINEER agrees to maintain this certification <br />throughout the duration of the term of a contract with a subcontractor. <br />OWNER may terminate for default if ENGINEER fails to cure a breach of this <br />provision no later than thirty (30) days after being notified by OWNER. <br />Limitations of Liability <br />No employee of ENGINEER shall have individual liability to OWNER. OWNER <br />agrees that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER <br />for any and all injuries, claims, losses, expenses or damages whatsoever arising out of <br />or in any way related to the Project or this Agreement from any causes including, but <br />not limited to, ENGINEER's negligence, error, omissions, strict liability, or breach of <br />contract shall not exceed the total compensation received by ENGINEER under this <br />Agreement. If OWNER desires a limit of liability greater than provided above, OWNER <br />and ENGINEER shall include in the Agreement the amount of such limit and the <br />additional compensation to be paid to ENGINEER for assumption of such risk. <br />8. Engineer Indemnification <br />The ENGINEER hereby agrees to indemnify, hold and save the OWNER <br />harmless from and against any and all losses, damages, settlements, costs, charges, or <br />other expenses or liabilities of every kind and character arising out of or relating to any <br />and all claims, liens, demands, obligations, actions, proceedings, or causes of action of <br />every kind and character arising out of the intentional misconduct and /or negligent acts <br />or omissions of the ENGINEER, his directors, officers, and employees, for whose acts <br />the ENGINEER is responsible under this Agreement subject to any limit of liability <br />established by this Agreement. Notwithstanding the foregoing, the ENGINEER shall not <br />be required to indemnify the OWNER, its officers, agents, or employees against liability <br />for damages arising out of injury to persons, theft, or loss or damage to property caused <br />Fellows Street Right of Way Acquisition Services Agreement <br />March 2013 <br />Page 6 of 10 <br />
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