RES 89413 - Laserfiche WebLink

17. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expanded in connection with such an action. 18. Scope of A~reement. This writing constitutes the entire agreement between the parties relative to engineering services for the project and modification hereof shall not be effective unless and until such modification is evidenced by a writing signed by both parties to this Agreement. 19. Limitation of Liability. To the maximum extent permitted by law, CH2M HILL's liability for City of Pleasanton's damages will not exceed the compensation re- ceived by CH2M BILL under this Agreement. The City of Pleasanton recognizes that the Scope of Work included herein is to provide construction management services for a project designed by others. As such, the City agrees that CH2M BILL is not liable for the designs and actions of others. 20. Cost Estimate. Any cost estimates provided by CH2M HILL will be on a basis of experience and Judgement, but since it has no control over market conditions or bidding procedures CH2M BILL cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. 21. Limit Authority and Responsibility. The presence of duties of CH2M HILL's personnel at a construction site, whether as onsite representative or otherwise, do not make CH2M BILL or its personnel in any way responsible for those duties that belong to the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and respon- sibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures neces- sary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such con- st~uction work. CH2M BILL and its personnel have no authority to exercise any control over any construction con- tractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construc- tion contractor or other entity of any other persons at the site except CH2M HILL's own personnel.