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01-13-2025
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Agenda Packet
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CITY CLERK
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(c) Causes of action between the parties to this Agreement pertaining to acts or failures <br />to act shall be deemed to have accrued and the applicable statute of limitations shall <br />commence to run not later than either the date of Substantial Completion for acts <br />or failures to act occurring prior to Substantial Completion or the date of issuance <br />of the final Certificate for Payment for acts or failures to act occurring after <br />Substantial Completion. In no event shall such statute of limitations commence to <br />run any later than the date when the ENGINEER'S services are substantially <br />completed, which is determined by the ENGINEER. <br />(d) Any opinion of the probable construction cost prepared by the ENGINEER <br />represents only his judgment as a design professional and is supplied for the general <br />guidance of the OWNER. Since the ENGINEER has no control over the cost of <br />labor and material, or many other factors, the ENGINEER does not imply nor <br />guarantee the accuracy of such opinions. If the OWNER elects to redesign or rebid <br />the project to reduce costs, ENGINEER'S services for such rebidding or redesign <br />shall be additional services. <br />(e) The ENGINEER has not been retained or compensated to provide design and <br />construction review services relating to any construction contractor's safety <br />precautions or to means, methods, techniques, sequences, or procedures required <br />for the contractor to perform his work, but not relating to the final or completed <br />structure. The ENGINEER does not in any manner guarantee the performance of <br />the construction contractors. <br />(f) ENGINEER will strive to perform services hereunder in a manner consistent with <br />that level of care and skill ordinarily exercised by members of the profession <br />currently practicing in the same locality under similar conditions. No other <br />representation, express or implied, and no warranty or guarantee is included or <br />intended in this AGREEMENT, or in any report, opinion, document, or otherwise. <br />(g) ENGINEER is not responsible for any damages, including those to third parties, <br />resulting from modifications made to the ENGINEER'S design or technical <br />specifications by a construction manager, value engineer, or other party to the <br />project selected or approved by the OWNER and will Indemnify and Hold <br />Harmless ENGINEER it from any and all claims, losses, costs, damages of any <br />nature whatsoever or claims expenses from any cause or causes under this section <br />(h) When the ENGINEER is providing an assessment or survey of property being <br />considered for purchase by the OWNER, the OWNER shall secure an agreement <br />from the property owner to protect the OWNER and ENGINEER in the event said <br />assessment or survey finds a condition that could potentially reduce the value of <br />the property. <br />(i) Consequential damages. Notwithstanding any other provision of this Agreement, <br />0 <br />
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