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illi; q i In <br />A, <br />DELAYS - CIORBA wiU not be habe for delays due to force majeure or any conditions beyond its <br />contr& <br />IDIISPUT�E USOILLITIOIN - Any dispute under this contract shaU be subject to mediation as a <br />condition precedent to litigation, <br />EINVIROINMENTAL - CIORBA assumes no responsibihty for the detection or remova� of any <br />hazardous substances found at the job site. <br />�EXTRA WORK - CIORBA's fees are based on our doing the work as described in the proposal <br />fetter. IExtra Work includes furnishing any other services not specificaUy set forth in the proposa� <br />fetter including but not Hmited to responding to subpoenas or court orders. <br />The fee for aU IExtra Work wiU be computed on the basis of direct salaries of personnel actuaUy <br />assigned to the work muftiphed by a factor of 2.9 to cover overhead, fringe benefits and profit. <br />Direct costs would be billed at their actual rate. <br />�No (Extra Work would be undertaken by us without prior written authorization from City of South <br />lBend (CLIENT). <br />IINSURANU - CIORBA agrees to maintain insurance coverage in the foUowing minimum <br />amounts: <br />• Professiona� Liability - $2,000,000 per claim/aggregate <br />• General Liability - <br />• $1,000,000 (Each Occurrence - Bodily Injury <br />• $1,000,000 (Each Occurrence - Property Damage <br />• $2,000,000 Aggregate <br />• Automotive Liability (including non -ownership and hired car coverage) -$1,000,000 Per <br />Person/Per Occurrence <br />• Employer's Liability - $500,000 (Each <br />• Worker's Compensation - Per Statutory <br />JOIBSIITIE SAFETY - CIORBA is not responsUe for job site safety or means and methods. Job site <br />safety and means and methods are the responsibility of the Contractor. CIORBA has no stop <br />work authority. <br />LIMITATIOINS OF LIABILITY - The Client agrees, to the fuUest extent possUe, to Hmit the <br />Habihty of CIORBA so that the tote aggregate Habihty of CIORBA shaU not exceed CIORBA's fee <br />as paid for services rendered on the project. It is acknowledged that this Hmitation of habihty <br />applies to any cause of action, be it contract, tort, or any other theory. <br />CLAIMS -The Client agrees to bring any claims against CIORBA corporate entity, not any <br />individual owners or emp�oyees of CIORBA firm. The Client and (Engineer both agree to waive <br />any claims for consequential damages against each other. <br />(CLIENT) PROVIDBID IINFORMATIOIN - CIORBA shaU have the right to rely on the accuracy of any <br />information provided by the (CLIENT.) CIORBA wiU not be responsUe for reviewing this <br />information for accuracy unless otherwise stated in the Scope of Services. <br />Page 1 of 3 <br />3/26/2020 <br />