ST9801-CS 980914
Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall
not constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of
such approval be deemed to be an assumption of such responsibility by the City for any
defect, error or omission in the design, working drawings, tracings, magnetic media
and/or computer dish, estimates specifications, investigations, studies or other
documents prepared by Engineer, its employees, subcontractors, agents and consultants.
Engineer shall indemnify City for damages resulting from such defects, errors or
omissions °"~and shall secure, pay for and maintain in force dur' the term of this
Contract sufficient errors and omissions insurance in the mount r~7~$2 0,000.00 singld
limit, with certificates evidencing such coverage to be provided"~the City~ The -----
redesign of any defective work shall be the sole responsibility and expense of the
Engineer. Any work constructed, found to be in error because of the Engineer's design,//
shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and
expense of the Engineer.
Indemnification. Engineer shall indemnify, hold harmless and defend the City of
Coppell, its officers, agents and employees from any loss, damage, liability or expense,
including attorney fees, on account of damage to property and injuries, including death,
to all persons, including employees of Engineer or any associate consultant, which may
arise from any errors, omissions or negligent act on the part of Engineer, its employees,
agents, consultants or subcontractors, in performance of this Contract, or any breach of
any obligation under this Contract. It is further understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties, but that thig agreement
shall be solely for the benefit of the parties hereto and shall not ereate or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13.
Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to
the Engineer's failure to perform in these circumstances, the City may withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's
additional legal rights or remedies. The Engineer shall not be responsible for delays
associated with review periods by the City in excess of the agreed Project Schedule.
Page 6
2149202,565
FREESE & NICHOLS 2149202565 09/11/98 9,~AM Job 392
Page 2/2
FREElIE - NICHOLli
· ~im,,m W
Marvin C.
Memorandum
TO: Ken Grillin
FROM: Tricia H. Halley, P.E. ),/C
SUBJECT: Coppell Road Contract
DATE: Septemir 11, 1998 ~~ , '
Copy to: C95 I
~'ter s~ing wit u ~sterday, we have lhnher d~scu~d the Consult~g Eng~ Contract ~d have
the tbHowm · ommcnts: '
~ ~ ~ agree that th~ provBion ~s conspicuous."
T~s ks the s~c ~ntcnce that/bllows the indemnfl~cation paragraph except that liability h~ ~n
substituted lbr indemn~ication.
Our insurance co vers 'aLl negligent acts and errors, and we consider any errror negligent unless it
was intentional. We hope you understand that while we strive for high quality work. we can not
ensure pertbction.
On page 7, item 17 - Please revise the last ,sentence of the paragraph to read a.s tifflows:
"All documents so lost or damage while they arc in the po&~ession of or while being
/worked upon by the Engineer shall be rep-laced or restored by Engineer without cost to the
City."
It' you can make these revisions, we will be able to sign the contract. Please call me if you have any
questions or concerns. We understand your concern regarding the liability clause, and we hope this
revision 'will satisly your needs as well as ours.
- END -
I.~.EI~.%I-~ .-%NI'~ NIC'I IC)I.S · I ]41 W. MOCKIN(}BIRI,~ I,ANE. SUrlE 230-E · DALLAS. '[' .I2XAS ;5247-4';22
'It~LEP|ION[~: 214-920-2S00 · FAX: 214-920-2565