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McCOMAS ENGINEERING
<br />Structural Engineers .
<br />3.3.1 McCOMAS ENGINEERING, INC. shall not be responsible for errors or omissions in the design criteria
<br />provided by the Client.
<br />3.3.2 McCOMAS ENGINEERING, INC. shall not be responsible for the design
<br />or adequacy of any portion of the structure other than that designed under this contract.
<br />3.3.3 McCOMAS ENGINEERING, INC. shall not be responsible for dimensional coordination between his or her
<br />work and the primary structure. The coordination shall be the responsibility of the Client or Contractor.
<br />Section 4— Additional Services
<br />4,1 General
<br />4.1.1 Services beyond those outlined under Basic Services may be requested. These may be provided by
<br />McCOMAS ENGINEERING, INC. under terms mutually agreed upon by the Client and McCOMAS
<br />ENGINEERING, INC..
<br />Section 5 — Fees and Payments
<br />5.1 Fees and Other Compensation
<br />5.1.1 Fees for Basic Services, Additional Services, and Compensation for Reimbursable Expenses are set forth in
<br />the Letter Agreement.
<br />5.2 Payments on Account
<br />5.2.1 Invoices for McCOMAS ENGINEERING, INC.'s services shall be submitted, at McCOMAS ENGINEERING,
<br />INC.'s option, either upon completion of any phase of the service or on a monthly basis. Invoices are payable
<br />when rendered and shall be considered PAST DUE if not paid within 30 days of the invoice date.
<br />5.2.2 Any Inquiry or questions concerning the substance or content of any invoice shall be made to MCCOMAS
<br />ENGINEERING, INC. In writing within 10 days of receipt of the invoice. A failure to notify MCCOMAS
<br />ENGINEERING, INC. within this period shall constitute an acknowledgment that the service has been
<br />provided.
<br />5.3 Late Payments
<br />5.3.1 A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum
<br />allowable by law on the then outstanding balance of PAST DUE accounts. In the event any portion of the
<br />account remains unpaid 90 days after billing, the Client will pay all costs of collection, including reasonable
<br />attorney's fees.
<br />Section 6 — Insurance, Indemnification and Risk Allocation
<br />6.1 Insurance
<br />6.1.1 McCOMAS ENGINEERING, INC. shall secure and endeavor to maintain professional liability insurance,
<br />commercial general liability insurance, and automobile liability Insurance to protect McCOMAS
<br />ENGINEERING, INC. from claims for negligence, bodily injury, death, or property damage which may arise
<br />out of the performance of McCOMAS ENGINEERING, INC.'s services under this Agreement, and from claims
<br />under the Workers' Compensation Acts. McCOMAS ENGINEERING, INC. shall, if requested In writing, issue
<br />a certificate confirming such issuance to the Client.
<br />6.2 Indemnifications
<br />6.21 The Client shall indemnify and hold harmless McCOMAS ENGINEERING, INC. and all of its personnel, from
<br />and against any and all claims, damage, loses and expenses (including reasonable attorney's fees) arising out
<br />of or resulting from the performance of the services, provided that any such claims, damage, loss or expenses
<br />are caused in whole or in part by the negligent act oromission and/or strict liability of the Client, anyone directly
<br />or Indirectly employed by the Client (except McCOMAS ENGINEERING, INC.) or anyone for whose acts any
<br />of them may be liable.
<br />6.2.2 The Client shall obtain agreement from the Owner or the Client's client to indemnify the Client and all of
<br />its personnel, Including McCOMAS ENGINEERING, INC., from and against any and all claims, damage,
<br />loss or expenses (including reasonable attorney's fees) arising out of or resulting from the performance
<br />of the services, provided that any such claims, damage, loss or expenses are caused in whole or in part
<br />by the negligent act or omission and /or strict liability of the Owner or Client's client, anyone directly
<br />employed by the Owner or Client's client (except the Client or anyone employed directly or indirectly by
<br />the Client) or anyone for whose acts any of them may be liable.
<br />6.3 Risk Allocation
<br />North Olmstead Recreation Center Pool Investigation Proposal 4/30/2014
<br />www.mccomaseng.com 317580 -0402 1717 East 1161' Street, Suite 200, Carmel, Indiana 46032 4 of 5
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