08. South Woodland Engineering ContractCONTRACT FOR ENGINEERING SERVICES au"RAFT
THIS AGREEMENT, made this day of ,
in the year Nineteen Hundred and Ninety , by and between
the CITY OF KALISPELL, Flathead County, Montana, hereinafter
referred to as the City, and THOMAS, DEAN & HOSKINS, INC.,
Engineers of Great Falls, Montana, hereinafter referred to as the
Engineer.
WITNESSETH:
That for and in consideration of the mutual covenants and
agreements by each of the parties hereto observed and performed, it
is mutually understood and agreed the engineer shall perform
engineering services for a Sewer and Water Facility Plan, Planned
Unit Development Preliminary Plat and the Recreation Plan for the
South Woodland area at the compensations as shown in the attached
Engineering Proposal, Parts I through IV.
IT IS UNDERSTOOD AND AGREED the terms and conditions of this.
Contract shall be binding upon the City and upon the Engineer,
their successors and assigns, and no assignment of this Contract,
or any portion thereof, or any delegation of the work or services
provided for herein shall be made without the written consent of
the City being first had and endorsed hereof.
IN WITNESS WHEREOF, the parties hereto have caused their
respective names to be subscribed by their respective corporate
officers, hereto specifically authorized, and have affixed their
respective seals hereon, the day and year first above written.
CITY OF KALISPELL
ATTEST: By:
Bruce Williams, City Manager
By.
ATTEST:
THOMAS, DEAN & HOSKINS, INC.
By:
Michael W. Fraser, V. Pres.
By.
•T. H. Thomas, President
1
ENGINEERING PROPOSAL
FOR
CITY OF KALISPELL
BY
THOMAS, DEAN & HOSKINS, INC.
141
THIS CONTRACT is for a Preliminary Planned Unit Development
(P.U.D.) Plan for the City's Seven Acre Site, Preliminary
Engineering report for the Seven Acre Site and Facility Plan for
the South Woodland area as shown on Exhibit "B". Upon completion
of these studies, the Engineer will assist the City in preparing
applications for funding the needed improvements, both for the
Seven Acre Site and South Woodland Area. Services in the Contract
include the final analysis design, plan preparation, bid documents
and construction management as described in Part III and Exhibit
"A" • cicilY P T AL--
Specific Services are generally described below:
�cJf
A. Seven Acre Site .4 CJ"3" U
1. Prepare Preliminary Planned Unit Development (P.U.D.).
Plan for review with City and FRDO staff. Services will
include:
a. Plat Layout and Vicinity Map
b. Environmental Assessment
c. Adjacent Landowner Data Collection
d. P.U.D. Application and Submittal
e. Illustrative Site Plan for Presentation
f. Presentation at the Public Hearing
g. Presentation to the Council and Staff
2. Preliminary Engineering Report; developing the
alternatives for Water and Sewer Service, Drainage,
Streets and Access Improvements. Services will include:
a. Boundary and Topographic Survey
b. Utility Survey locating the nearest. Water and Sewer
facilities.
c. Preliminary Sewer System Design (gravity) with
connection to the nearest facility on South Woodland
Drive.
d. Preliminary Water System Design & Extension of the
City main on Woodland to the nearest water facility
on South Woodland Drive meeting the City standards.
e. Preliminary site grading and drainage design for the
Seven Acre Site. Recommended improvements will be
integrated into the South Woodland Drainage Facility
Plan.
® f. Preliminary Street Section Design and Streets for
the Seven Acre Site and recommendations for
improvement to the nearby collector to provide
suitable street network for the proposed
development. ,
g. Recreation and trail components for integration into
the South Woodland Facility Plan.
h. Cost estimates, summary and recommendations for
improvements.
B. South Woodland FacilityR PlanpWK �,-W
1. Data Collection shall include:
a. Available records on Septic System Failures
b. Available records on Groundwater
c. Summarizing non -degradation requirements
2a
Y
d. Summarize
existing g surface drainage problems
9
e. Available information on the Green Acres Water
System
f. Available information on the Green Acres Sewer
System
g. MDHES inspection records of the Green Acres Water
System
h. Summarize the capacities, condition and regulatory
conformance of the existing utility systems
2. Regulatory Data Collection shall includes
a. Updating existing population figures
b. Projecting fut use patterns
�— c. Updating the comprehensive lan recommendations
d. Updating the zoning an and uses
e. Projecting future population and land use.
3. Alternative development
a. Sanitary Sewer Collection Alternatives &
Construction Cost Estimates; Seven Acre Site and
South Woodland.
1. Individual and Cluster On -site Treatment and
Disposal
2. Gravity Collection
3. Septic Tank Effluent Pump System
4. Small Diameter Gravity
5. tAlfCr5 QF J fJ«57'iaaG f° O&55
b. Water Transmission Alternatives & Cost Estimates
1. Service for Seven Acre Site
2. Connection to Green Acres
3. Upgrade of Green Acres system to meet City
standards
c. Storm Drainage Alternatives .4-Ce5`f.�tR7'ES
1. Surface drainage to Dry Bridge Park River
Discharge
2. Surface drainage to slough
3. Piped systems - two alternatives
d. Recommended Alternatives for Sanitary Sewer
Collection
1. Alternative Evaluation
2. Selection and Justification
3. Summary of Construction and Operation Costs
4. Assessment of Environmental Impacts
e. Recommended Alternative for Water Transmission
1. Alternative Evaluation
2. Selection and Justification
3. Summary of Construction and Operation Costs
f. Recommend Alternative for Storm Drainage
U1 1.., Alternative evaluation
2. Selection and Justification
3. Summary of Construction and Operation Costs
�f 4. Environmental Assessment
4. Public Acceptance
a. Summary of Public Meeting - Two
b. Responsive Follow-up to Public Questions
2b
5. Financial Plan
a. Funding Sources & Description of Program
State Revolving Fund
Department of Natural Resources -Renewable Resources
Economic Development Administration
Treasure State Endowment Program
Community Development Block Grant
b. Project Financing
c. Estimated User Fees for Various Project Funding
C. Annexation and Extension of Services Plan
1. Water System Improvements
2. Sewer System Improvements
3. Storm Drainage
4. Streets
5. Recreation
D. Assistance in preparing applications for funding the grants or
loans and preparing financial plans for project
implementation.
E. Final analysis, design and preparation of specifications for
water, sanitary sewer, storm drainage and streets in
accordance with the Preliminary Engineering Plan and Facility
Plan. Services will be in accordance with Part III "Terms and
Conditions". Specific projects will be developed and
completed at the Cities direction.
F. Services will commence with assisting the City in evaluating
bids, negotiation and contract preparation. Activities during
construction will include inspection, preparation of pay
requests, construction meetings, change orders, final
inspections and record drawings. The Engineer and City agree,
Resident Inspection is required for construction of final
improvements. Resident Inspection will be provided in
accordance with Exhibit "A", Duties, Responsibilities and
Limitation of the Authority of Resident Project
Representatives attached hereto and in conformance with Part
III, Terms and Conditions.
G. Warranty inspections, operator training, assistance in
operation and final certification of performance
certification.
The Engineer agrees to proceed with only those tasks authorized in
writing by the City.
PART II
Payment for Services
It is mutually agreed and understood the City wishes to have the
Preliminary Engineering Report, Facility Plan and other services
described herein completed on a timely schedule. The Engineer
agrees to proceed P4rT .: athorzz 73�d services and complete said
services in accordance with the agreed schedule. The City agrees
to cooperate with the Engineer in completion of the services
described herein City responsibilities are described in Part III.
Fees for services will be as listed below or as negotiated
Payment for services will be made on the basis of and in accordance
with the following schedule, with the exception that the final
payment may be adjusted upon determination of necessity by the City
and authorized in writing prior to the Engineer proceeding. The
fee schedule is in the same form as the description of the
services.
2c
A. Seven Acre Site
1. Preliminary Planned Unit Development Plan
Lump Sum Fee $ 5,200.00
2. Preliminary Engineering Report
Lump Sum Fee $ 8,600.00
3. Final Plat - Subject to Negotiations
B. South Woodland Facility Plan
Lump Sum Fee $20,500.00
C. Annexation and Extension of Services Plan
Lump Sum Fee $ 2,500.00
D. Assistance in preparing application for funding for project
implementation would be billed at two times payroll cost plus
mileage at $0.35 per mile and expenses at cost plus 10%. The
fee, if authorized, will not exceed $2,000.00 without prior
approval.
E. Final analysis, design and preparation of specifications for
the various improvements and phases shall be negotiated prior
to proceeding.
F. Construction management, administration, field staking;
inspection and testing shall be negotiated prior to
proceeding.
G. Warranty inspections, operator training, assistance in
operation and final certification of performance. The fees
will be negotiated prior to proceeding.
The Engineer will work under the direction of the City and provide
the services requested. Completion of Tasks A & B will commence
with approval of this Agreement.
Schedule of Completion
Task Completion Date
P.U.D. Seven Acre Site May 15, 1994
Preliminary Engineering Report May 15, 1994
Final Plat October, 1994
South Woodland Facility Plan October, 1994
2d
PART III — TERMS AND CONDITIONS
ARTICLE 1 — ENGINEER'S SERVICES
1.1 Basic Services. ENGINEER shall perform professional services as hereinafter stated
which include normal civil, structural, mechanical and electrical engineering services
and normal architectural services incidental thereto. The Engineer is authorized to
proceed as of the date of this contract unless otherwise noted in Part I.
1.1.1 Preliminary Desi&n Phase. During Preliminary Design Phase, ENGINEER shall:
1.1.1.1 In consultation with OWNER, with consideration of any related reports provided
by the OWNER, determine the scope of the Project.
1.1.1.2 Prepare preliminary design documents consisting of final design criteria,
preliminary drawings and outline specifications.
1.1.1.3 Based on the information contained in the preliminary design documents, submit
an opinion of probable cost for the Project including Construction Cost, contingencies,
compensation for all professionals and consultants.
1.1.1.4 Furnish five (5) copies of the above preliminary design documents and present
and review them in person with OWNER.
1.1.2 Final Design Phase. During the Final Design Phase, ENGINEER shall:
1.1.2.1 On the basis of the accepted preliminary design documents prepare for
incorporation in the Contract Documents, final drawings to show the character and scope
of the work to be performed by contractors on the Project (hereinafter called
"Drawings"), and specifications.
1.1.2.2 Furnish to OWNER such documents and design data as may be required for, and
assist in the preparation of, the required documents so that OWNER may obtain approvals
of such governmental authorities as have jurisdiction over design criteria applicable to
the Project, and assist in obtaining such approvals by participating in submissions to
and negotiations with appropriate authorities.
1.1.2.3 Advise OWNER of any adjustments to his latest opinion of probable Project Cost
caused by changes in scope, design requirements or Construction Costs and furnish a
revised opinion of probable Project Cost based on the Drawings and Specifications.
1.1.2.4 Prepare bid forms, notice to bidders, instructions to bidders, general
conditions and supplementary conditions, and assist in the preparation of other related
documents.
1.1.2.5 The ENGINEER shall specify a reasonable contract time or completion date for
the proposed work in the contract documents and shall also provide for payment by the
Contractor to the OWNER for cost_ incurred by ¢he OWNER if the Contractor fails to
complete the work on schedule. The OWNER shall pay the ENGINEER for costs incurred as a
result of the Contractor's failure to complete the required work on schedule and the
amount of such payments may be withheld from money otherwise due the Contractor.
1.1.2.6 Furnish up to five (5) copies of the above documents and present and review
them in person with OWNER, and print up to 50 copies to supply prospective bidders.
1.1.3 Bidding Negotiating Phase. During the Bidding or Negotiating Phase, ENGINEER
shall:
1.1.3.1 Assist OWNER in obtaining bids or negotiating proposals for each separate prime
contract for construction or equipment.
1.1.3.2 Consult with and advise OWNER as to the acceptability of subcontractors and
other persons and organizations proposed by the prime contractor(s) (hereinafter called
"Contractor(s)") for those portions of the work as to which such acceptability is
required by the Contract Documents.
1.1.3.3 Consult with and advise OWNER as to the acceptability of substitute materials
and equipment proposed by Contractor(s) when substitution is permitted by the Contract
Documents.
1.1.3.4 Assist OWNER in evaluating bids or proposals and in assembling and awarding
contracts.
1.1.4 Construction Phase. During the Construction Phase, ENGINEER shall:
1.1.4.1 Consult with and advise OWNER and act as his representative as provided in
General Conditions of the Construction Contract; the extent and limitations of the
duties, responsibilities and authority of ENGINEER as assigned in said General
Conditions shall not be modified without ENGINEER'S written consent; all of OWNER'S
instructions to Contractor(s) will be issued through ENGINEER who will have authority to
act on behalf of OWNER to the extent provided in said General Conditions except as
otherwise provided in writing.
1.1.4.2 Make periodic visits to the site to observe as an experienced and qualified
design professional, the progress and quality of the executed work and to determine in
general if the work is proceeding in accordance with the Contract Documents; he shall
not be required to make exhaustive or continuous on -site inspections to check the
quality or quantity of work; he shall not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by Contractor(s) or the
safety precautions and programs incident to the work of Contractor(s) or responsible for
the failure of Contractor(s) to perform the construction work in accordance with the
Contract Documents.
1.1.4.3 Review Shop Drawings (as that term is defined in the aforesaid General
Conditions) and samples, the results of tests and inspections and other data which any
Contractor is required to submit, but only for conformance with the design concept of
the Project and compliance with the information given in the Contract Documents;
determine the acceptability of substitute materials and equipment proposed by
Contractor(s); and receive and review (for general content as required by the
Specifications) maintenance and operating instructions, schedules, guarantees, bonds,
and certificates of.inspection which are to be assembled by Contractor(s) in accordance
with the Contract Documents.
1.1.4.4 Issue all instructions of OWNER to Contractor(s); prepare routine change orders
as required; he may, as OWNER'S representative, require special inspection or testing of
the work; he shall act as interpreter of the requirements of the Contract Documents; but
ENGINEER shall not be liable for the results of any such interpretations or decisions
rendered by him in good faith.
1.1.4.5 Based on his on sfte as :, experienced and qualified design
professional and on his review of, Contractor(s). applications for payment and the
accompanying data and schedules, determine the amounts owing to Contractor(s) and
recommend in writing payments to Contractor(s) in such amounts; such recommendations of
payment will constitute a representation to OWNER, based on such observations and
review, that the work has progressed to the point indicated and that, to the best of his
knowledge, information and belief, the quality of the work is in accordance with the
Contract Documents (subject to an evaluation of the work as a functioning Project upon
Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents, and any qualifications stated in his approval), but by approving an
application for payment, ENGINEER will not be deemed to have represented that he has
made any examination to determine how or for what purpose any Contractor has used the
monies paid on account of the Contract Price, or that title to any of the Contractor(s)
work, materials or equipment has passed to OWNER free and clear of any lien, claims,
security interests or encumbrances.
1.1.4.6 Conduct an inspection to determine if the Project is substantially complete and
A final inspection to determine if the Project has been completed in accordance with the
Contract Documents and if each Contractor has fulfilled all of his obligations
thereunder so the ENGINEER may make recommendations in writing for final payment by the
OWNER to each Contractor. The ENGINEER will furnish Record Drawings of the project,
based on information provided by the Contractor, to show deviations made from the
original plans during the course of construction, and to assure the OWNER an accurate
and permanent record of the project for future reference.
1.1.4.7 ENGINEER shall not be responsible for the acts or omissions of any Contractor,
any subcontractor or any of the Contractor(s) or subcontractors' agents or employees or
any other persons (except his own employees and agents) at the Project site or otherwise
performing any of the work of the Project.
1.2 Additional Services. If authorized in writing by OWNER, ENGINEER shall furnish or
obtain from others Additional Services of the following types which are not considered
normal or customary Basic Services; these will be paid for by OWNER as indicated in Part
II Engineering Charges.
1.2.1 Preparation of applications and supporting documents for governmental grants,
loans or advances in connection with the Project; preparation or review of environmental
assessments and impact statements; and assistance in obtaining approvals of authorities
having jurisdiction over the anticipated environmental impact of the project.
1.2.2 Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by
OWNER.
1.2.3 Services resulting from significant changes in general scope of the Project or
its design including, but not limited to changes in size, complexity, OWNER'S schedule,
location or character of construction; and revising previously accepted studies,
reports, design documents or Contract Documents when such revisions are due to causes
beyond ENGINEER'S control.
1.2.4 Providing renderings or models for OWNER'S use.
1.2.5 Preparing documents for alternate bids requested by OWNER for work which is not
executed or documents for out -of -sequence work.
1.2.6 Investigations involving detailed consideration of operations, maintenance and
overhead expenses; and the preparation of rate schedules, earnings and expense
statements, feasibility studies; appraisals and valuations, detailed quantity surveys of
material, equipment and labor; and audits or inventories required in connection with
construction performed by OWNER.
1..2.7 Furnishing the services of special consultants for other than the normal civil,
structural, mechanical and electrical engineering and normal architectural design
incidental thereto, such as consultants for interior design, selection of furniture and
furnishings, communications, acr>uG'1.1�_ ., and landscaping.
1.2.8 Services in connection with change orders to reflect changes requested by OWNER
if the resulting change in compensation for Basic Services is not commensurate with the
additional services rendered, -and services resulting from significant delays, changes or
price increases occurring as a direct or indirect result of material, equipment or
energy shortages.
1.2.9 Land or property survey of the Project Site when required to obtain utilities
locations with depths, easements, rights -of -way, adjoining property, encroachments,
zoning and deed restrictions.
1.2.10 Soils data, reports, test borings, test pits, probings, subsurface exploration,
soil bearing values, percolation tests, ground corrosion and resistivity tests, all with
appropriate professional interpretation. -
1.2.11 Laboratory tests to include air and water pollution tests, reports and
inspections of samples, materials, or other items required by law or by governmental
authorities having jurisdiction over this Project.
1.2.12 Services during out-of-town travel required of ENGINEER other than visits to the
Project Site as required by Article 1.1.4.
1.2.13 Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction; (2) a significant amount of
defective or neglected work of any Contractor; (3) prolongation of the contract time of
any prime contract beyond the stipulated completion date; (4) acceleration of the work
schedule involving services beyond normal working hours; and (5) default by any
Contractor.
1.2.14 Preparation of operating and maintenance manuals; extensive assistance in the
utilization of any equipment or system (such as initial start-up, testing, adjusting and
balancing); and training personnel for operation and maintenance.
1.2.15 Services after completion of the Construction Phase, such as inspections during
any guarantee period and reporting observed discrepancies under guarantees called for in
any contract for the Project.
1.2.16 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, public hearing or other legal or administrative proceeding involving the
Project.
1.2.17 Additional services in connection with the Project, including services normally
furnished by OWNER and services not otherwise provided for in this Agreement.
1.2.18 Site surveys required to obtain topographic information of this site or area
where construction is to be performed as needed to obtain elevations and contours
throughout the area, invert elevations of sewers and physical features on the site which
may affect the construction within the area.
1.2.19 Construction staking to provide line and grade control stakes for use by the
Contractor in constructing the improvements.
1.3' Resident Services During Construction. If requested by OWNER or recommended by
ENGINEER and agreed to in writing by the OWNER, a Resident Project Representative and
assistants will be furnished and will act as directed by ENGINEER in order to provide
more extensive representation at the Project Site during the Construction Phase. The
duties, responsibilities and limitations of the authority of Resident Project
Representative are described in Exhibit "A".
ARTICLE 2 - OWNER'S RESPONSIBILITIES
The OWNER shall:
2.1 Provide to the ENGINEER all criteria, design and construction standards and full
information as to the OWNER'S requirements for the Project.
2.2 Designate in writing a person authorized to act as the OWNER'S representative. The
OWNER or his representative shall receive and examine documents submitted by the
ENGINEER, interpret and define the OWNER'S policies and render decisions and
authorizations in writing promptly to prevent unreasonable delay in the progress of the
ENGINEER'S services.
Revised 1/12/93
necessary for the
Project, legal review of the Construction Contract Documents, and such auditing services
as the OWNER may require to account for expenditures of sums paid to the Contractor.
2_,4 Furnish permits and approvals from all governmental authorities having jurisdiction
over this Project and from others as may be necessary for completion of the Project.
Engineer will provide information necessary for project design approval from appropriate
agency.
2.5 Furnish above services at the OWNER'S expense and in such manner that the ENGINEER may
relay upon them in the performance of his services under this Agreement.
2.6 Obtain bids or proposals from contractors for work relating to this Project and bear
all costs relating thereto.
2_,_7 Protect and preserve all survey stakes and markers placed at the Project site prior
to the assumption of this responsibility by the Contractor and bear all costs of replacing
stakes or markers damaged or removed during said time interval.
2,8 Guarantee full and free access for the ENGINEER to enter upon all property required
for the performance of the ENGINEER'S services under this Agreement.
2,9 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise
becomes aware of any defect in the Project or other event which may substantially affect
the ENGINEER'S performance of services under this Agreement.
2.10 Compensate the ENGINEER for services rendered under this Agreement.
ARTICLE 3 - PAYMENT TO THE ENGINEER
3.1 Progress -payments shall be made in proportion to services rendered and as indicated
within this Agreement and shall be due and owing within thirty days of the ENGINEER'S
submittal of his monthly statement. Past due amounts owed shall include a charge at the
maximum legal rate of interest from the thirtieth day.
3.2 If the Owner fails to make monthly pa�ments due the ENGINEER. the ENGINEER may, after
giving seven (7) days 'written notice to the Owner, suspend services under this Agreement.
3.3 No deductions shall be made from the ENGINEER'S compensation on account of penalty,
-liquidated damages or other sums withheld from payments to Contractors.
3.4 If the Project is delayed or if the ENGINEER'S services for the Project are delayed
or suspended for more than three months for:reasons beyond the ENGINEER'S control, the
ENGINEER may, after giving seven days written notice to the OWNER, terminate this Agreement
and the OWNER shall compensate the ENGINEER in accordance with the termination provision
contained hereafter in this Agreement.
ARTICLE 4 - GENERAL PROVISIONS
4 1 Ownership of Documents._ All Drawings, Specifications and other work product of the
ENGINEER for this Project are instruments of service for this Project only and shall remain
the property of the ENGINEER whether the Project is completed or not. Reuse of any of the
instruments or service of the ENGINEER by the OWNER on extensions of this Project or on any
other project without the written permission of the ENGINEER shall be at the OWNER'S risk
and the OWNER agrees to defend, indemnify and hold harmless the ENGINEER from all claims,
damages, and expenses including attorneys' fees arising out of such unauthorized reuse of
the ENGINEER'S instruments of service by the OWNER OR BY OTHERS ACTING THROUGH THE OWNER.
Any reuse or adaption of the ENGINEER'S instruments of service occurring after the written
agreement of the ENGINEER shall entitle the ENGINEER to further compensation in amounts to
be agreed upon by the OWNER and the ENGINEER.
-7-
4.2 Delegation of Duties. Neither the OWNER nor the ENGINEER shall delegate his duties
under this Agreement without the written consent of the other.
4.3 Termination. This Agreement may be terminated by either party by seven days
written notice in the event of substantial failure to perform in accordance with the
terms of this Agreement by the other party through no fault of the terminating party.
If this Agreement is terminated by either party, the ENGINEER shall be paid for services
performed to the termination notice date including Reimbursable Expenses. The ENGINEER
shall be paid an additional termination expense only in the event that this Agreement is
terminated because of substantial failure to perform by the OWNER. Termination Expenses
are defined as Reimbursable Expenses directly attributable to termination, plus 15
percent (152) of the total compensation earned to the time of termination to account for
ENGINEER'S re -scheduling adjustments, re -assignment of personnel and related costs
incurred due to termination.
4.4 Extent of Agreement. This Agreement represents the entire and integrated agreement
between the OWNER and the ENGINEER and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both the OWNER and the ENGINEER.
4.5 Governing Law. Unless otherwise specified within this Agreement, this Agreement
shall be governed by the law of the principal place of business of the Engineer.
4.6 General.
4.6.1 Should litigation or arbitration occur between the two parties relating to the
provisions of this Agreement, all reasonable litigation or arbitration expenses,
collection expenses, witness fees, court costs and attorneys fees incurred by the
prevailing party shall be paid by the non -prevailing party to the prevailing party.
4.6.2 Neither party shall hold the other responsible for damages or delay in
performance caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the other or the other's employees and agents.
4.6.3 In the event any provisions of this Agreement shall be held to be invalid and
unenforceable, the remaining provisions shall be valid and binding upon the parties.
One or more waivers by either party of any provision, term, condition, or covenant shall
not be construed by the other party as a waiver of a subsequent breach of the same by
the other party.
4.6.4 The ENGINEER has not been retained or compensated to provide design and
construction review services relating to the Contractor's safety precautions or to
means, methods, techniques, sequences, or procedures required for the Contractor to
perform his work, but not relating to the final or completed structure; omitted services
include but are not limited to shoring, scaffolding, underpinning, temporary retainment
of excavations and any erection methods and temporary bracing.
4.6.5 The ENGINEER intends to render his services Un of 'this Agreement in accordance
with generally accepted professionai practices fc;, the intended use of the Project and
makes no warranty either express or implied.
4.6.6 Any Opinion of the Construction Cost prepared by the ENGINEER represents his
judgment as a design professional and is supplied for the general guidance of the Owner.
Since the ENGINEER has no control over the cost of labor and material, or over
competitive bidding or market conditions, the ENGINEER does not guarantee the accuracy
of such Opinions as compared to Contractor bids or actual cost to the OWNER.
Revised: 3/25/91
ARTICLE 5 - SPECIAL PROVISIONS
5.1 Insurance and Indemnity.
5.1.1 ENGINEER'S Insurance. The ENGINEER shall acquire and maintain statutory workmen's
compensation insurance coverage and employer's liability in the amount of one hundred
thousand ($100,000) dollars; bodily injury liability and property damage (single limit)
insurance coverage in the amount of three hundred thousand ($300,000) dollars for each
occurrence and three hundred thousand ($300,000) dollars for each aggregate; bodily injury
liability automobile insurance coverage in the amount of one hundred thousand ($100,000)
dollars for each person and three hundred thousand ($300,000) dollars for each occurrence
and property damage liability automobile insurance coverage in the amount of fifty thousand
($50,000) dollars for each occurrence; catastrophe or excess insurance coverage in the
amount of one million ($1,000,000) dollars for each occurrence and one million ($1,000,000)
dollars for each aggregate with ten thousand ($10,000) dollars deductible amount; and
professional liability insurance coverage in the amount of one million ($1,000,000) dollars
with a forty thousand ($40,000) dollar deductible amount.
5.1.2 CONTRACTOR'S Insurance. Before commencement of the work, the OWNER shall require
the Contractor to submit written evidence that he and all his subcontractors have obtained
for the period of the Contract, full Comprehensive General Liability Insurance coverage.
This coverage shall provide for both bodily injury and property damage. The Comprehensive
General Liability Insurance will include as Additional Named Insureds: the OWNER; the
ENGINEER and his consultants; and each of their officers, agents, and employees.
5.1.2.1 Bodily Injury portion shall include coverage for injury, sickness or disease, and
death, arising directly or indirectly out of, or in connection with, the performance of work
under this Contract, and shall provide for a limit of not less than one million ($1,000,000)
dollars for all damages arising out of bodily injury, sickness or disease and death of one
or more persons in any one occurrence.
5.1.2.2 Property Damage portion will provide for a limit of not less than five hundred
thousand ($500,000) dollars per occurrence and one million ($1,000,000) dollars aggregate
for all damages arising out of injury to or destruction of property of others arising
directly or indirectly out of or in connection with the performance of work under this
Contract and in any one occurrence including explosion, collapse and underground exposure.
5.1.2.3 Vehicle Comprehensive Liability including non -ownership and hired car coverage as
well as owned vehicles shall provide for a combined single limit of not less than five
hundred thousand ($500,000) dollars for bodily injury and property damage.
5.1.3 Builders' Risk "All -Risk" Insurance. For those projects which contain structures,
mechanical equipment, or electrical equipment, Builders' Risk Insurance is required. Before
commencement of the work, the Contractor shall submit written evidence that he has obtained,
for the period of the Contract, Builders' Risk "All -Risk" Completed Value Insurance coverage
tba entire project which is the subject of this Contract and including completed work
and work in, progress. Such insurance shall include as l adv,,;eu Insured: the Owner,
the Engineer and his consultants; and each of their officers, employees and agents; and any
Other persons with an insurable interest designated by the Owner as an Additional Named
Insured. Such insurance may have a deductible clause but amount of deductible shall not
exceed $1.000.
5.1.4 Indemnity. The OWNER shall require the Contractor to hold harmless, indemnify and
defend the OWNER, the ENGINEER and his consultants, and each of their officers and employees
and agent, from any and all liability claims, losses or damage arising or alleged to arise
from the performance of the work described herein, but not including the sole negligence
of the OWNER or the ENGINEER.
WE
I
This Agreement executed the day and year written at the beginning of the Agreement.
OWNER:
BY:
ENGINEER:
THOMAS, DEAN & HOSKINS, INC.
BY:
ATTEST:
BY:
i
EXHIBIT "A"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY
OF RESIDENT PROJECT REPRESENTATIVE
A. GENERAL
Resident Project Representative is ENGINEER'S Agent and will act as directed by and
under the supervision of ENGINEER. He will confer with ENGINEER regarding his actions.
His dealings in matters pertaining to the on -site Work shall in general be only with
ENGINEER and CONTRACTOR. His dealings with subcontractors shall only be through or with
the full knowledge of CONTRACTOR or his superintendent. He will generally communicate
with OWNER only through or as directed by ENGINEER.
B. DUTIES AND RESPONSIBILITIES
Resident Project Representative will:
1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and
schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning
their acceptability.
2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress
meetings and other job conferences as required in consultation with ENGINEER and
notify those expected in advance. Attend meetings, and maintain and circulate
copies of minutes thereof.
3. Liaison:
a. Serve as ENGINEER'S liaison with CONTRACTOR, working principally
through CONTRACTOR'S superintendent and assist him in understanding
the intent of the Contract Documents. Assist ENGINEER in serving
as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations
affect OWNER'S on -site operations.
b. As requested by ENGINEER, assist in obtaining from OWNER additional
details or information, when required at the job site for proper
execution of the Work.
C. Alert CONTRACTOR directly and through his superintendent, to the
hazards involved in accepting or acting upon instructions from
OWNER or others, except instructions transmitted through ENGINEER
or himself.
4. Shop Drawings and Samples:
a ; Receive and record date of receipt of Sinop
which have been approved by ENGINEF^
b. Receive samples which are furnished at the site by CONTRACTOR for
ENGINEER'S approval, and notify ENGINEER of their availability
for examination.
C. Advise ENGINEER and CONTRACTOR or his superintendent immediately
of the commencement of any Work requiring a Shop Drawing or sample
submission if the submission has not been approved by ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on —site observations of the Work in progress to assist
ENGINEER in determining that the Project is proceeding in accordance
with the Contract Documents and that completed Work will conform
to the requirements of the Contract Documents.
b. Report to ENGINEER whenever he believes that any Work is
unsatisfactory, faulty, or defective or does not conform to
the requirements of the Contract Documents, or does not meet
the requirements of any inspections, tests or approval
required to be made; and advise ENGINEER when he believes
Work should be corrected or rejected or should be uncovered
for observation, or requires special testing or inspection.
C. Verify that tests, equipment and systems startups and operating
and maintenance instructions are conducted as required by the
Contract Documents and in presence of the required personnel,
and that CONTRACTOR maintains adequate records thereof; observe,
record and report to ENGINEER appropriate details relative to
the test procedures and startups.
d. Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the outcome
of these inspections and report to ENGINEER.
b. Interpretation of Contract Documents: Transmit to CONTRACTOR ENGINEER'S
clarifications and interpretations of the Contract Documents.
7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications
in Drawings or Specifications and report them with recommendations to ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of
job conferences, shop drawings and samples submissions, reproductions
of original Contract Documents including all addenda, change orders,
field orders, additional Drawings issued subsequent to the execution
of the Contract, ENGINEER'S clarifications and interpretations of the
Contract Documents, progress reports, and other Project related documents.
b. Keep a diary or log book, recording hours on the job site, weather
conditions, data relative to questions of extras or deductions, list
of visiting officials, daily activities, decisions, observations in
general and specific observations in more detail as in the case of
observing test procedures. Send copies to ENGINEER.
C. Record names, addresses and telephoxie numbers of all CONTRACTORS,
subcontractors and major suppliers of equipmerk; >;,.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the Work
and CONTRACTOR'S compliance with the approved progress schedule and
schedules of Shop Drawing submissions.
b. Consult with ENGINEER in advance of scheduled major tests, inspections
or start of important phases of the work.
a
10. Payment Requisitions: Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and forward
them with recommendations to ENGINEER, noting particularly their relation to
the schedule of values, Work completed and materials and equipment delivered
at the site.
11. Guarantees, Certificates, Maintenance and Operation Manuals: During the
course of the Work, verify that guarantees, certificates, maintenance and
operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed; and deliver this
material to ENGINEER for his review and forwarding to OWNER prior to final
acceptance of the Project.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items requiring correction.
b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR
and prepare a final list of items to be corrected.
C. Verify that all items on final list have been corrected and make
recommendations to ENGINEER.
C. LIMITATIONS OF AUTHORITY
Except upon written instructions of ENGINEER, Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve any
substitute materials or equipment.
2. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors
or CONTRACTOR'S superintendent.
3. Shall not expedite Work for the Contractor.
4. Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless such is
specifically called for in the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and programs
in connection with the Work.
6. Shall not authorize OWNER to occupy the Project in whole or in part.
South11 1 . Project
Map "All
Legend
Manning Area Boundary
Seven Acre Site
:Pt _ m'
SCOUT 8AR
ADD 191