Res 1994-054 - Laserfiche WebLink

Home Browse Search

It/full costl damages I expenses and attorneys I fees sustained or incurred by SMCISD, with each party's proportionate share to be equivalent to the party's proportionate share of the costs of construction to be paid under this Agreement as determined by the actual bid amounts submitted by the Contractor. Once those amounts are determined, SMCISD, the City and TETCO agree to execute an addendum to this Agreement specifically setting forth each party/s proportionate share of said costs. The foregoing notwithstanding, the agreement of the City and TETCO to indemnify and hold the SMCISD harmless shall not apply to any claimsl causes of action or damages based upon any gross negligence or intentional misconduct by the SMCISD while acting in its capacity as Projec~ Manager. ARTICLE 1.0 LIMITATIONS ON PARTIES' RESPONSIBILITiES 1.0.01. The parties hereto hereby acknowledge that under the proj ect Documents, certain work will be performed which is not intended to be part of this Agreement and said work is specifically described as follows: (a) The construction of Stagecoach Road and the realignment of a sixteen inch (16") waterline along Stagecoach Road; and (b) The construction of Foxtail Run. 1.0.02 The parties hereto hereby agree that TETCO shall have no responsibility for or involvement in the construction of the improvements described in Paragraph 10.01 above, and shall have no responsibility for the payment of any costs related thereto. 1.0.03 The parties hereto hereby agree that except as set forth below, the City shall have no responsibility for or Tri-Party Agreement for Utility and Road Improvements 16