R2014-19 AUTHORIZING AGREEMENT WITH CHASTAIN & ASSOCIATES, LLC

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MMA may use the information in plans. resulting there from. This indemnification shall survive the ternination of this Agreement. 16 HAZARDOUS OR TOXIC MATERIALS 19 CONSTRUCTION OBSERVATION This Agreement does not include MMA shall visit the site at intervals services related to the presence of hazardous or appropriate to the stage of construction, or as toxic materials. Should the presence of outlined in the Scope of Services to observe the hazardous or toxic material be found or progress and quality of Contractor's work. suspected, MNIA may without liability for Such visits and observation are not intended to be consequential or other damages, suspend exhaustive checks or a detailed inspections of the performance of its services until qualified work, rather to allow MMA to become generally persons are retained to identify and abate or familiar with the Work in progress and to remove the materials and warrant that the site is determine,in general,if the work is proceeding in in compliance with applicable laws and accordance with the Contract Documents. regulations. CONSULTANT agrees to MMA shall keep the CLIENT inforned about the indemnify MMA, its officers, partners, progress of the Work and shall advise the employees and subconsultants from all claims, CLIENT about observed deficiencies in the suits, demands, liabilities, and costs including Work. If CLIENT desires more extensive attorney's fees related to hazardous or toxic project observation or full-time project materials. representation, the Client shall request such additional services by MMA as a Modification to 17 DELIVERY OF ELECTRONIC Agreement. FILES MMA shall not supervise, direct or have control over the Contractor's work nor have any Electronic files furnished by either party responsibility for the means, methods, shall be subject to an acceptance period of thirty techniques, sequences or procedures selected or (30) days during which any apparent for safety precautions or programs implemented discrepancies will be identified and corrected. by the Contractor. These are the Contractor's In the event of conflict between the signed sole responsibility. construction documents prepared by MMA and MMA shall not be responsible for any electronic files, the signed or sealed hard-copy acts or omissions of the Contractor, any construction documents shall govern. subcontractor,any entity performing any portions of the Work, or their agents or employees. 18 OWNERSHIP OF INSTRUMENTS MMA does not guarantee the performance of the OF SERVICE Contractor and shall not be responsible for the Contractor's failure to perform its Work in All documents including drawings, accordance with the Contract Documents or any reports, and specifications including documents applicable laws, codes, rules or regulations. provided by electronic media furnished by MMA pursuant to this agreement are instruments of its 20 JOBSITE SAFETY services. MMA shall retain all common law, statutory and other reserved rights including the The General Contractor is solely copyright thereto. Instruments of service are not responsibility for Jobsite and Worker Safety intended for reuse by CONSULTANT or others including safety related to construction means, on extensions of this project or any other project. methods, sequence, techniques and health and Any reuse without specific written safety,and for precautions required by regulatory CONSULTANT verification or adaption by agencies, all in accordance with the Contract MMA will be at the CONSULTANT's sole risk, Documents. Professional services and activities and without liability to MMA. CONSULTANT impose no duty on MMA for Jobsite Safety. shall indemnify and hold harinless MMA from all CONSULTANT agrees that the MMA claims, damages, losses and expenses including and ANY MMA subconsultants shall be made court costs and attorney's fees arising out of or additional insured under the General Contractor's 3