24-AGREEMENT FOR PROFESSIONAL SERVICES WITH HAYTER ENGINEERING, INC. MAIN STREET SIDEWALK GRANT

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(including death), claims, property damages (including loss ofuse), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by ENGINEER but only to the extent caused by the negligent act or omission or intentional wrongful act or omission of ENGINEER, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Engineer is legally responsible (hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all such Claims. (b) Any opinion of the probable construction cost prepared by the ENGINEER represents only his judgment as a design professional and is supplied for the general guidance of the CITY. Since the ENGINEER has no control over the cost of labar and material, or many other factors, the ENGINEER does not imply nor guarantee the accuracy of such opinions. If the CITY elects to redesign or rebid the project to reduce costs, ENGINEER' S services for such rebidding or redesign shall be additional services. (c) The ENGINEER has not been retained or compensated to provide design and construction review services relating to any construction contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work, but not relating to the final or completed structure. The ENGINEER does not in any manner guarantee the performance of the construction contractors. (d) ENGINEER will strive to perform services hereunder in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, or otherwise. (e) Delivery of Electronic Files - In accepting and utilizing any drawings, reports and data on any form of electron media from the ENGINEER, CITY agees that such files are instruments of service of the ENGINEER, solely for this particular Project. The CITY agrees not to reuse these electronic files for any purpose other than of the Project. The CITY agrees to waive all claims against the ENGINEER resulting from any unauthorized changes to or reuse of the electronic files for any other project. Electronic files furnished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. In the event of a conflict between the hard-copy construction documents and record drawings prepared by the ENGINEER and the electronic files, the signed and sealed hard-copy construction documents shall govern. 3 183