O-2008-3091 design contract Huitt-Zollars, Inc/design services for Fairmont Parkway Bicycle Pedestrian Pathway Project

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Mr. Stephen Barr Fairmont Parkway Hike and Bike Trail June 23, 2008 HUITT -ZOLlARS 10.3 The Client and HZ waive all rights against each other and against the employees of the other for damages covered by any property insurance under the Project Construction Specifications. 11.0 Opinions of Probable Construction Cost Opinions of Probable Construction Cost provided by HZ are prepared from experience and judgment. HZ has no control over market conditions or construction procedures and does not warrant that proposals, bids, or actual construction costs will not vary from HZ's estimates. 12.0 Standard of Practice Services performed by HZ under this AGREEMENT will be conducted 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, expressed or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document or otherwise. 13.0 Successors and Assignments The Client and HZ each binds itself and its partners, successors, executors, administrators and assigns to the other party of the Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Agreement. Except as above, neither the Client nor HZ shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other, and they further agree that the Agreement represents the entire understanding of the Client and HZ and cannot be changed, added to or modified in any way except by an instrument in writing signed by the Client and by HZ. The Client and HZ agree to the full performance of the covenants contained herein. 14.0 Dispute Resolution 14.1 In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and HZ each agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbonding mediation unless the parties mutually agree otherwise. 14.2 The Client and HZ further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. 15.0 Address of Notices and Communications 15.1 All notices and communications under this Agreement to be mailed or delivered to HZ, Inc. shall be sent to the following address: Huitt-Zollars, Inc. 1500 Dairy Ashford, Suite 200 Houston, Texas 77077 Attn: Manny De Pau, P.E. Page 9 of 10