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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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omissions which may have occurred in assembling the information the Client is providing. <br />Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the <br />Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including <br />reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from <br />errors, omissions or inaccuracies in documents or other information provided by the Client to <br />the Engineer. <br />26. Payment: Client shall be invoiced once each month for work performed during the preceding <br />period. Client agrees to pay each invoice within thirty -five (35) days of its receipt. Client further <br />agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, <br />including court costs and reasonable attorney's fees, as well as costs attributed to suspension of <br />services accordingly and as follows: <br />Collection Costs% In the event legal action is necessary to enforce the payment <br />provisions of this Agreement, the Engineer shall be entitled to collect from the Client any <br />judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses <br />incurred by the Engineer in connection therewith and, in addition, the reasonable value <br />of the Engineer's time and expenses spent in connection with such collection action, <br />computed at the Engineer's prevailing fee schedule and expense policies. <br />Suspension of Services% If the Client fails to make payments when due or otherwise is in <br />breach of this Agreement, the Engineer may suspend performance of services upon five <br />(5) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to <br />the Client for any costs or damages as a result of such suspension caused by any breach <br />of this Agreement by the Client. Client will reimburse Engineer for all associated costs as <br />previously set forth in (Item 4 of) this Agreement. <br />27. Indemnity Clause: When construction observation tasks are part of the service to be performed <br />by the Engineer under this Agreement, the Client will include the following clause in the <br />construction contract documents and the Client agrees not to modify or delete it: <br />Contractor (and any subcontractor into whose subcontract this clause is incorporated) <br />agrees and acknowledges that Engineer shall be considered a third party beneficiary of <br />those contracts into which this clause has been incorporated; and agrees to assume the <br />entire liability for all personal injury claims suffered by its employees, including without <br />limitation, claims asserted by persons allegedly injured on the Project; waives any <br />limitation of liability defense based on the Workers' Compensation Act, court <br />interpretations of said Act or otherwise; and to the fullest extent permitted by law, <br />agrees to indemnify and hold harmless and defend Owner and Engineer and their <br />agents, employees, and consultants (the "Indemnities ") from and against any such loss, <br />expense, damage or injury, including attorneys' fees and costs that the Indemnitees may <br />sustain as a result of such claims. <br />28. Job Site Safety /Supervision & Construction Observation: The Engineer shall neither have control <br />over or charge of, nor be responsible for, the construction means, methods, techniques, <br />sequences of procedures, or for safety precautions and programs in connection with the Work <br />since they are solely the Contractor's rights and responsibilities. The Client agrees that the <br />City of South Bend: South Side Improvements October 2, 2013 <br />19.R100167.00001 Page 11 <br />
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