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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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but that the Engineer does not warrant that any reviewing agency having jurisdiction will not for <br />its own purposes comment, request changes and /or additions to such designs. In the event such <br />design requests are made by a reviewing agency, but which do not exist in the form of a written <br />regulation, ordinance or other similar document as published by the reviewing agency, then <br />such design changes (at substantial variance from the intended design developed by the <br />Engineer), if effected and incorporated into the project documents by the Engineer, shall be <br />considered as Supplementary Task(s) to the Engineer's Scope of Service and compensated for <br />accordingly. <br />10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of this <br />contract fee (for services) from loss or expense, including reasonable attorney's fees for claims <br />for personal injury (including death) or property damage to the extent caused by the sole <br />negligent act, error or omission of Engineer. <br />Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense, <br />including reasonable attorney's fees, for claims for personal injuries (including death) or <br />property damage arising out of the sole negligent act, error omission of Client. <br />In the event of joint or concurrent negligence of Engineer and Client, each shall bear that <br />portion of the loss or expense that its share of the joint or concurrent negligence bears to the <br />total negligence (including that of third parties), which caused the personal injury or property <br />damage. <br />Neither Client nor Engineer shall be liable to the other party for special, incidental or <br />consequential damages, including, but not limited to loss of profits, revenue, use of capital, <br />claims of customers, cost of purchased or replacement power, or for any other loss of any <br />nature, whether based on contract, tort, negligence, strict liability or otherwise, by reasons of <br />the services rendered under this Agreement. <br />11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, materials or <br />equipment, or over the Contractor(s) method of determining process, or over competitive <br />bidding or market conditions, his /her opinions of probable Project Construction Cost provided <br />for herein are to be made on the basis of his /her experience and qualifications and represent <br />his /her judgment as a design professional familiar with the construction industry, but Engineer <br />cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from <br />opinions of probable construction cost prepared by him /her. If prior to the Bidding or <br />Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall <br />employ an independent cost estimator Consultant for the purpose of obtaining a second <br />construction cost opinion independent from Engineer. <br />12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and construed in <br />accordance with Articles previously set forth by (Item 9 of) this Agreement, together with the <br />laws of the State of Indiana. <br />Any claim, dispute or other matter in question arising out of or related to this Agreement, which <br />cannot be mutually resolved by the parties of this Agreement, shall be subject to mediation as a <br />condition precedent to arbitration (if arbitration is agreed upon by the parties of this <br />City of South Bend: South Side Improvements October 2, 2013 <br />19.R700167.00001 Page 7 <br />
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