HomeMy Public PortalAboutWater System Improvements Contract Thomas and Hutton THOMAS & HUTTON
50 PARK OF COMMERCE WAY SAVANNAH, GA 31405
POST OFFICE BOX 2721 I SAVANNAH, GA 31402-2727
912.234.5300 WWW.THOMASANDHUTTON.COM
June 10, 2013
Ms. Diane Schleicher
City of Tybee Island
403 Butler Avenue
Tybee Island, GA 31328
Re: Water System Improvements
City of Tybee Island, GA
Letter Agreement for Services
Dear Ms.Schleicher:
Thank you for requesting our engineering services for the water system improvements
projects. In general, the projects consists of the installation of 850 linear feet of 8-inch water
main on Highway 80 from the curve to Jones Avenue, 8,500 linear feet of 8-inch water main on
Jones Avenue from Highway 80 to Chatham Avenue, and 1,680 linear feet of 6-inch water main
on Lewis Avenue from Highway 80, connections to existing distribution mains, service
• connections, hydrants, valves and other appurtenances.
Our services will consist of the survey phase, design phase, permitting phase, bid phase,
monitoring during the Construction Phase and Closeout Phase, as set forth in the General
Provisions, supplemental exhibits, attached hereto, and such Additional Services as you may
request during the course of the Project. We understand that you will furnish us with full
information as to your requirements, including any special or extraordinary considerations for the
Project and will make pertinent existing data available to us.
Payment for our services will be as described in the attached General Provisions. You will
be billed monthly for our services rendered and for Reimbursable Expenses.
We propose that payment for our services will be as follows:
Fee or Time&
Phase Fee Structure Expense Budget
Survey & Preliminary
Engineering: Lump Sum $ 14,000.00
Design: Lump Sum $ 12,000.00
Permit: Lump Sum $ 3,000.00
Bid: Lump Sum $ 3,500.00
Construction: Lump Sum $ 10,000.00
Post-Construction: Lump Sum $ 2,500.00
Additional Services: Time & Expense
wner's Initials
�Consultant's Initials
CHARLESTON, SC I MYRTLE BEACH, SC I WILMINGTON, NC I BRUNSWICK, GA
Ms. Diane Schleicher
City of Tybee Island
Letter Agreement for Services
June 10, 2013
Page 2
The above fee arrangements are based on prompt payment of our invoices and the
orderly and continuous progress of the Project through construction.
It is necessary that you advise us in writing at an early date if you have budgetary
limitations for the overall Project Cost or Construction Cost. We will endeavor to work within
those limitations. At appropriate times during the Design Phase, we can submit to you our
opinions as to the probable construction cost of the Project. We do not guarantee that our
opinions will not differ materially from bids or negotiated prices.
This proposal between the City of Tybee Island ("Owner") and Thomas & Hutton
Engineering Co. ("Consultant" or "Thomas & Hutton"), consisting of the Scope of Services,
General Provisions, Consulting Services on a Time & Expense Basis Rate Sheet, and this letter with
authorized signatures, represents the entire understanding between you and us with respect to
the Project. This agreement may only be modified in writing if signed by both of us.
If the arrangements set forth in these documents are acceptable to you,please sign and
initial the enclosed documents in the spaces provided below and return to us. This proposal will
be open for acceptance until August 30, 2013, unless changed by us in writing. We appreciate
the opportunity to prepare this proposal and look forward to working with you on the project.
The parties agree and acknowledge that any of the parties hereto may execute this
agreement by electronic signature, and the other party may rely upon such electronic signature
as an original record of signature.
Very truly yours,
THOMAS & HUTTON ENGI NG CCU.
By
1 /
amen J. ollins, P.E.
ice Presioent/Regional Director
By
A. Christopher Stovall, P.E., LEED AP BD+C
Project Manager
JJC, ACS/kbw
Enclosures: Scope of Services
General Provisions
Consulting Services Rate Sheet
C0X/ner's Initials
_ Consultant's Initials
Ms. Diane Schleicher
City of Tybee Island
Letter Agreement for Services
June 10, 2013
Page 3
ACCEPTED: , 2013
By
TITLE
J51t-v
6,17,77 71
,&).
Owner's Initials
1fConsultant's Initials
LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
WATER SYSTEM IMPROVEMENTS
SCOPE OF SERVICES JUNE 10,2013
SCOPE OF SERVICES
In general, the projects consists of the installation of 850 linear feet of 8-inch water main on
Highway 80 from the curve to Jones Avenue, 8,500 linear feet of 8-inch water main on Jones
Avenue from Highway 80 to Chatham Avenue, and 1,680 linear feet of 6-inch water main on
Lewis Avenue from Highway 80, connections to existing distribution mains, service connections,
hydrants, valves and other appurtenances.
1. SCOPE OF SERVICES
Prior to beginning design services, Consultant shall hold a kick-off meeting with the City
to discuss the scope of improvements, operational considerations, project schedule,
administrative procedures, respective responsibilities, lines of communication, City
contacts and expectations, progress reporting, data collection, construction methods to
be utilized, potential/existing easements and rights-of-way, permitting issues, flow
diversion phasing, master plan adjustments (if any), and other projects matters as
appropriate. A written work plan will be prepared by Engineer subsequent to this
meeting. Work plan will include scope, budget, schedule (including significant review
points with the City), contact information, deliverables, sub-contractors, standards and
procedures, and the project team, including an organization chart.
A. Survey Phase
Engineer shall review as-built information, utility mapping, and previous studies to
compile base maps and verify preliminary plan of improvement. The City shall
make drawings, studies and other documents related to the existing water system
available for reproduction and use by the Engineer. We shall review collected
data to verify the proposed service areas and flow projections for the existing
and proposed developments served by the proposed project, as well as
proposed improvement plan.
Based upon concept plan approved by the Owner, Consultant will perform the
following Survey Phase tasks:
1. Topographic Survey
Surveyor shall prepare a topographic survey of the site for use in planning
and engineering design. Surveyor shall obtain vertical and horizontal
data in a roughly 30-foot wide grid along the water main routes, from
centerline of road to edge of right of way on the side selected by Owner
for installation of the water main. Surveyor shall field locate known visible
utilities and drainage within the project limits. If underground utility locates
are needed, a separate proposal can be prepared based on the needs
of the Client. No other survey tasks (easements, etc.) are included at this
time.
_ Owner's Initials
�� Consultant's Initials
LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
WATER SYSTEM IMPROVEMENTS
SCOPE OF SERVICES JUNE 10,2013
B. Design Phase
1. Engineering Design
After completion of Survey Phase and Owner approval of the Preliminary
Subdivision Plat, the Consultant shall prepare site development plans.
These plans shall be submitted to the Owner for review. The site
development plans will include:
• Water Distribution - pipe route and size, valve location, hydrant
location, and building connection, including preparation of design
calculations.
• Erosion Control-for roadway, drainage, water, and sewer systems
• Construction Details-water distribution and erosion control.
• Quantity Takeoff and Opinion of Probable Construction Cost for water
systems.
• Technical specifications for water systems.
• Design calculations-water distribution.
• Coordinate with Geotechnical Consultant - The Owner will retain a
geotechnical consultant to perform subsurface investigations for the
project. The Consultant will coordinate with the geotechnical
consultant regarding needs of the project and preliminary design
information for the project.
2. Project Team Meetings
Consultant shall attend project status meetings. Services will be provided
based on a kick-off, 30%, 65%, and 90% design review meeting schedule.
If the Owner requires additional meetings, these can be added and the
Owner will authorize additional funds.
C. Permit Phase
1. Permits
Consultant shall assist Owner with the preparation of submittal packages
for the development approval. The payment of fees associated with the
application process is the responsibility of the Owner. Consultant shall
submit final plans and specifications to the applicable local, state, and
federal agencies for review. Agency submittals anticipated for this
project include:
• Georgia EPD - water line construction & NPDES construction permit
(see below)
• City of Tybee Island
• US Soil Conservation Service - erosion control report of technical
review
• Georgia Department of Transportation- parallel encroachment along
1 Hwy 80
Owner's Initials
2
Consultant's Initials
LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
WATER SYSTEM IMPROVEMENTS
SCOPE OF SERVICES JUNE 10,2013
Submittal fees are not included in our fee schedule and shall be provided
by the Owner at the time of submittal. Consultant will assist Owner in
obtaining construction permits for the project. This phase includes revising
plans and specifications according to agency comments and if
requested, meeting with the agencies on behalf of the Owner.
2. Erosion Control Permit
Consultant will assist the Owner in compliance with the requirements of
the permit to Discharge Storm Water Associated with Construction
Activity. This assistance may include,when requested by the Owner:
• Submit Notice of Intent (NOI) to the State on behalf of the Owner (as a
Primary Permittee). This will include a certification that the Erosion,
Sedimentation, and Pollution Control Plan (ES&PCP) has been
prepared in accordance with the General Permit.
• Develop a Comprehensive Monitoring Plan (CMP). The ES&PCP will
indicate monitoring locations and may be used in the CMP.
• Provide an initial observation of the measures installed under the
ES&PC within one (1) week after construction activities commence.
Additional observations will be conducted as other measures required
by the Plan are installed.
• Prepare and submit, as warranted, amendments to the ES&PCP.
The Consultant's services do not include:
• Qualified personnel to monitor maintenance of ES&PC measures.
• Continuous monitoring of maintenance of ES&PC measures
• Monitoring of NTU's at outfalls or receiving streams
• Submittal of monthly reports to EPD
• Submittal of Notice of Termination (NOT) and certification
D. Construction Phase
Consultant will provide the following services for the Construction Phase:
1. Bid Process
Consultant shall assist Owner during the Bid Phase. The service shall be
provided on a Time & Expense basis. Typical services provided during this
phase include preparation of contract documents, assembling bid
packages, attending or conducting pre-bid meetings, responding to
contractor questions, and preparation of the Consultant's
recommendation letter for award of bid. Personnel time will be detailed
on monthly invoices.
2. Construction Services
During the course of construction, the Consultant will provide the following
f I services:
VIiIVN Owner's Initials
3
-4W)-Consultant's Initials
LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
WATER SYSTEM IMPROVEMENTS
SCOPE OF SERVICES JUNE 10,2013
• Review material data, shop drawings, and construction schedules
provided by the Contractor.
• Provide construction observation and monitoring to ascertain that the
work is in substantial conformance with the contract documents and
with the design intent. Construction Observation based on
twice/month schedule based on a 6-month construction schedule.
• Attend final field inspections by regulating agencies for the project.
• Review record drawings provided by Contractor.
• Request project acceptance by applicable agencies.
• Prepare water record drawings.
Construction observation and monitoring does not include exhaustive or
continuous on-site inspections to check the quality or quantity of the
Contractor's work. However, it does include visits to the project site at
intervals appropriate to the various stages of construction to review
general compliance with approved plans and specifications. Such visits
and observations shall not require Consultant to assume responsibilities for
the means and methods of construction, nor for safety measures or
conditions on the job site. Both parties understand that the Contractor
has notification requirements at specific intervals of the construction
process.
The Consultant provides construction services for the work designed by
the Consultant. Other construction work that may occur on site is the
responsibility of other design professionals or the Owner and expressly not
the responsibility of the Consultant.
3. Record Drawing Preparation
Consultant shall prepare record drawings based on information supplied
by the Contractor. The Contractor will provide a survey regarding the
constructed facilities. The survey provided by Contractor shall be certified
by a registered surveyor licensed in the state in which the work is
performed, if required by the governing agency. The scope does not
include field work on the part of the Consultant. The information will be
compiled in an AutoCAD format by the Contractor and submitted to the
Consultant. The Consultant will review this information to ensure that the
information submitted meets the intended design. The Consultant shall
not verify or certify that the information submitted by the Contractor or
Contractor Representative is correct. The Consultant will submit this
information to the City for review.
• The scope does not include the location or depth of any power,
telephone, cable television, or natural gas lines.
• The record drawing will be compiled from field information collected
during the survey phase, water and sewer lateral locations as
determined in the pad elevation survey, contractor's notes, and
observations made by Consultant. The data will be presented in a
format for the reviewing City's review.
If_. vner's Initials
4
Consultant's Initials
LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
WATER SYSTEM IMPROVEMENTS
SCOPE OF SERVICES .TUNE 10,2013
• Additional information required by the reviewing agency beyond
what is reasonable and customary for record drawings, shall be
billed as additional services. Examples are as follows:
-- Geodetic coordinates for structures, fittings, or pipes
- Profiles for sanitary sewer, water, or storm drainage
- Roadway profiles
- Testing locations for roadway on the plan view
E. Exclusions
Items not included in the scope of services are as follows:
• Archaeological survey and report
• Wetland delineation, surveys, or permits
• Geotechnical investigation or report
• Phase One or Phase Two Environmental Assessments
• Endangered species survey and report
• Off-site work unless specifically covered in the scope of services
• Approvals or permits other than those related to the scope of work covered
by this contract
• Act as an expert witness for legal activities
• Telephones, cable television, gas, and power distribution systems
These items can be coordinated or provided, if requested by the Owner in
writing.
2. PERIODS OF SERVICE
A. Survey& Preliminary Engineering Phase
After the Owner approves the final master plan, Consultant will commence work
within seven (7) calendar days after receipt and complete work described in this
phase within thirty (30) calendar days.
B. Design Phase
After the Survey Phase required for design is complete, Consultant will
commence work within seven (7) calendar days and complete work described
in this phase within thirty (45) calendar days.
C. Permit Phase
After receipt of a written notice to proceed from the Owner, Consultant will
commence work within seven (7) calendar days after receipt and complete work
described in this phase within fifteen (30) calendar days.
wner's Initials
5
Consultant's Initials
LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
WATER SYSTEM IMPROVEMENTS
SCOPE OF SERVICES JUNE 10,2013
D. Construction Phase
After receipt of a written notice to proceed from the Owner, Consultant will
commence work based on a six-month construction schedule.
Owner's Initials
6
Consultant's Initials
sieiliui s,luelinsuo3
sieiliui s,JauMO— --
Q) cT A W - - t 40 49 3 , N -+
--40 I 1.1 N
Ch p 3 d �D '� y 0 cr f p CO a n g �ill> y 7
<
IjI p O O p O $ S p O pp p pI p 8 p p C f0° 4 3 N 1 ,, 0 a y y Q0 •• ,. m
> m ° >y J m m m 1 s co°z -a o 1
Cr TO W _ ca p 7 0 cp
tO 0 0 -' n C) c) n � -• -o- -0-v ' ' D- -u c m x c w
7- °°+,c3 cD^ o m C O O � N o o O•o _5..Q.o o o Si; •< 4l N coo 0 -. -�]ar
L: p CO i y m• m cg° m 3' 3' Q "»` CD. o= on m v CO i m --L
3 on> aQ g- M- 5- - .`-�•�� zi .d =m.2d=CD7m M 6 `° m o•v`Di o m
Er 3 g = 3. ?. m a, n m N T. N N cc =i0. = ta.=c0 = d (- co = .•
CD ai 01 �ii w- n' Q. — _?_ < t� m m c� co co :
_ to J CO
c) y (p cD C' _ _ ? _ rte- �3. v —— —__— 'O ?
= J p » it co 0- — = Wj = = _ — —c « G< a, c j A
a y< O co — _ — G N m O coi
r To' cp S • 7, o N.< 3
co c2. 0 c -o ccn N - -O Co •�» N
O co M 0. f) 0 0 F o ' 3 0 co
Z N S O t0 7 CA I 3 c ,z w �/•
tn c o.¢1 Oa g 2 co rg a s 2ma�c o535 o�o5 2g N -�D CO °
3 2 c 7 7 < m < n m 6i m�c ° co (?)
U11111111HSUII '�3 c �� -0 o °� y p_ m.p [ [ LII ! O)Ccn� comca u, G N c a' c ° c w,, c y O m w m a=i n=i r-_N W .t m pa m w v m 3 — � —<< .2. �' ° 0 o w
0 0 C Q o m =_y a vli
rn co to y0 H C N v •
-4 Fo' o
• m y O -I o O
D O -o -» 47 - - - - M 7•
f7 ? v 3 I N 0 0 y
• O p� a,
U1 .,a) o-^ a g J I gym( SAr1i d r r fir, t d ,0., 0 fic
OO1 Cl N 7. 0 di a Cl n y no ^' y X
— CD c 0••- c co co 0 ccb -O co O 7 0 C c%1 N O
° m m ° y a
0 9. •• a H m ° m D D a a a n�i ° n N
cc m
Z j N y J C. ° — - — = c < = — R. < y m N
O co N s° = 0.o 0
-•1 �- 7 CD 3 a I n?o -0 co
0 a)Z 0 y co to - co o O
n
3 O7 -. ` I �.Q1 c0/1
Q
d 0
7 N 7 N M M CA G—) G) L2 0 G� 0 0 0 G) p) I F.N O 3
— v < a 3 - a a U) D C C M Cl) s. C) m < m N
cip� _ CO 3 y m C
N to j n=i a=i N o = _ _ o c - O G. c)• rt
W 7 - c3 25, Z m w Co w N CD
Cr Z Pi a �co C
-• a Q� M
X 5-
. N I C co
o� 0 a C Cps = a Sr 0
(� 0 Al -11 -n -n -n _n 7 • + 4U co O N CO 0 D• o pt 3 f0 m tx 2E i6 o a m B I o y- •�
— CO J •- co -8
CD co
v S iJ O O
t 6 $ iB n £6 f6 2 ca. n aa, CO n c c O
c0 3 = = 7 = = 3 3 = a1 O so fD
. z co 0 v 6 fii Es c a 3: 3. so 0 0• n < m 7.
m w m m m W m '� �^ o m o 3
3 w °� m
_ C Co • I — = E < < Q O
T P _ _.O (D cil >
y I cn � a Q
s I �
o ° 7
Z. 0 _ a s m 0
co
m g n n C7 co co(7 D r.'C x
• o. 7 13 y SD - _ = 0. o F m a O N VI IA • CO 0 3 CO
co
�' N O — 3• c c cc c d co
n cT =_ 0 0 5 d Q 0
O 11.
a•<
GENERAL PROVISIONS TO LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
WWTF-REUSE PUMP STATION APRIL 22,2013
PAYMENT FOR SERVICES CONSULTANT'S RESPONSIBILITIES
For services rendered,Owner shall pay Consultant as outlined in the The professional services performed under this Agreement, os
Letter Agreement for Services. defined in the scope, shall be consistent with sound engineering
practices and shall incorporate federal,state,and local regulations
Payment for services on the basis of'Time&Expense"shall be paid and standards that are applicable at the time the Consultant
in accordance with the schedule of charges attached hereto. rendered his services.
Project related costs for printing, reproductions, materials, and Consultant will strive to perform services under this Agreement in o
travel will be billed as reimbursable expenses. manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing in the
Projects will be billed monthly or at the completion of the work, area under similar conditions. No other representation,expressed
whichever comes sooner, with payment due upon receipt. or implied,and no warranty or guarantee is included or intended in
Payment shall be considered overdue after forty-five(45)days from the Agreement,or in any report,opinion,document,or otherwise.
date of invoice, with interest charged at a monthly rate of 1.5
percent(18 percent annual rote). MISCELLANEOUS
Consultant reserves the right to suspend work hereunder or any other A. Opinions of Probable Costs
work to be performed by Consultant for Owner or any of its affiiates
under a separate agreement or agreements with Consultant in the Since the Consultant has no control over the cost of labor.
event of delinquent payment by Owner to Consultant hereunder or in materials,or equipment,or over the Contractors methods of
the event of delinquent payment by Owner or its affiliates to determining prices, or over competitive bidding or market
Consultant under a separate agreement or agreements. For all conditions. his opinions of probable construction costs
purposes hereof.affiliate shall mean(i)in the case of an individual,any provided for herein ore to be made on the basis of his
relative of any person listed among the following, (ii) any officer, experience and qualifications. These opinions represent his
director.trustee.partner.manager,employee or holder of 5 percent or best judgment as a design professional familiar with the
more of any class of the voting securities of or equity interest in the construction industry.
Owner;(m)any corporation,partnership,knifed liability company,trust
or other entity controlling,controlled by or under common control with However,the Consultant cannot and does not guarantee that
the Owner; or (iv) any officer, director, trustee, partner, manager, proposals, bids, or the construction cost will not vary from
employee or holder of 5 percent or more of the outstanding voting opinions of probable construction costs prepared by him.
securities of any corporation. partnership, limited liability company,
trust or other entity controlling.controlled by,or under common control B. CADD Files
with the Owner.
Information supplied to the Consultant for use on the project
OWNERSHIP OF INSTRUMENTS 9F SERVICE will be in AutoCAD 2008 format or later version. Translation of
files or entering data into a compatible format is beyond the
All reports,drawings,specifications,computer files.field data,notes scope of the contract. CADD files generated by the
and other documents and instruments prepared by Consultant as Consultant will be in accordance with the Consultant's CADD
instruments of service shoo remain the property of the Consultant. specifications.
The Consultant shall retain all common law, statutory, and other
reserved rights.including,without limitation,the copyrights thereto. C. Umits of Liability
The Consultant shall retain these records for a period of two (2)
years following their completion during which period paper copies Services to be performed by the Consultant under this
will be made available to the Project Owner at reasonable times. Agreement ore intended solely for the benefit of the Owner.
Nothing contained herein shall confer any rights upon or
OWNER'S RESPONSIBILITIES create any duties on the part of the Consultant toward any
person or persons not a party to this Agreement including,but
A. Access not limited to.any contractor,subcontractor,supplier, or the
agents,officers,employees,insurers,or sureties of any of them.
Owner shall make provisions for the Consultant to enter upon
public and privote lands os required to perform such work as ner agrees to limit the Consultant's a mployees{e
surveys and inspections in development of the Project. liability wner and to all constru Contractors and
Subcontractors o project to the Consultant's
B. Owner's Representative negligent acts, errors, or ' stns, such that the total
aggregate liability of the Consulton a named shall not
The Owner shall designate in writing one person to act as exceed the Consultant's total fee for service ed on tha
Owners Representative with respect to the work to be protect cribed In this contract,whichever is gr
performed under this Agreement. This Representative shall II cap may be increased by mutual consent of bo
have complete authority to transmit instructions, receive droadies.anri In exchange for additional compensation.
information, interpret, and define Owners policy and
decisions.with respect to the product materials,equipment, D. Acts of Others
elements, and systems pertinent to the work covered by this
Agreement. The Consultant shall ngt be responsible for the means.
methods, techniques, sequences, or procedures of
C. Fees construction selected by Contractor(s) or the safety
precautions and programs incident to the work of
The Owner is responsible for payment of fees associated with Contractor(s). Consultant shall not be responsible for the
the project. Such fees include permit review and application failure of Contractor(s) to perform the work in accordance
fees, impact fees, and capacity fees. The Consultant will with the Contract Documents.
notify the Owner regarding the amount of fees and timing of
payment. The Consultant shall not be responsible for the acts or
omissions of any Contractor,or sub-contractor,or any of the
Contractor(s)', or sub-contractors' agents, or employees or
j. any other persons (except Consultant's own employees and
U Owner's Initials
1 of
ima Consultant's Initials
GENERAL PROVISIONS TO LETTER AGREEMENT FOR SERVICES BETWEEN
THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND CITY OF TYBEE ISLAND(OWNER)
W WTF-REUSE PUMP STATION APRIL 22,2013
-..rte
agents) at the site or otherwise performing any of the J. Additional Services of Consultant
Contractor(s)'work. However,nothing contained herein shall
be construed to release Consultant from liability for failure to If authorized by Owner in writing, Consultant shall furnish or
perform properly the duties undertaken by Consultant in the obtain from others. Additional Services of the following types
Contract Documents. that are not considered normal or customary Basic Services.
The Consultant shall not be responsible for the acts,omissions, 1. Revising previously accepted studies, reports. design
means, methods, or specifications of other design documents.or Contract Documents when such revisions
professionals involved in the project. Unless specifically stated are due to causes beyond Consultant's control.
otherwise,the Consultant's work and responsibility under this
Contract terminates at the building pod or within five(5)feet of 2. Furnish the services of special consultant for other than
the building,whichever Is greater,for any proposed building the civil or structural engineering defined in the scope of
shown on the plans. The Owner/Architect/Contractor is services. Special services Include services such as
responsible for compliance with codes, regulations, mechanical or electrical engineering, geotechnical
manufacturer specifications, and construction methods exploration, underwater investigation,laboratory testing,
related to the building structure. In no circumstance is the and inspections of samples,materials,and equipment.
Consultant responsible for any portion of the building,
especially as it relates to moisture or mold. 3. Preparing to serve or serving as a consultant or witness
• for Owner in any litigation,public hearing,or other legal
... . €1) or administrative proceeding involving the project.
•••lion, and notwithstanding any other provisions ;•t 4. Defending the issuance of any permit or certificate for
Agree -- the Client agrees, to the fullest exten --rmitled the project. Services for the defense against third party
by law, to in•-•• ify and hold hornless th= onsultant, it# actions opposing or appealing the issuance of ony
officers.directors.e • • ees and subc•• fonts(collectivelyf permit or certificate for the Project will commence with
Consultant) against all do •--s. •lities or costs. includiin receipt of notification of the action.
reasonable attorneys'fees••. :- -• - costs,arising out of at
in any way connecte. ' this Project o - •=rtormance by 5. Services after completion of the Construction Phase,
ony of the parti- ••ove-named of the serve - nder thi$ such as inspections during any equipment, material, or
Agreement - cepting only those damages,liabilities - •st construction guarantee period and reporting observed
t"f
attrib '-•e to the negligent acts,errors or omissions,or will discrepancies under guarantees called for in any
- -• '•- I contract for the project.
- . _•• 6. If requested by Owner and agreed to in writing, a
•wrier Resident Project Representative will be furnished and will
act as directed by Consultant in order to assist in
The Owne •II indemnify and hold the Con •nt hormle• observing performance of the work of Contractor(s).
from and agains -• and all judgme . osses, damage, Through more extensive on-site observations of the work
and expenses (induct; - .ttorney =-s and defense cost-1 in progress by the Resident Project Representative,
arising from or related to clot•..-. third parties to challeng- Consultant shall endeavor to provide further protection
the issuance of permi •r certi - : for the Project b for the Owner against defects and deficiencies in the
agencies with juris• on in the premises. :- -nse costs s •I work of Contractor(s). However, the furnishing of such
include the t'.- and expenses of the Consulta •ersonnel representation will not make Consultant responsible for
to ossi ' the defense of the issuance of the pe or construction means, methods, techniques, sequences.
procedures,or for safety precautions or programs.or for
Contractor(s), failure to perform their work in
G. Termination accordance with the Contract Documents.
Ether party may terminate this Agreement by seven(7)days K. Amendment
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the one party through This Agreement for Services can be amended by addenda if
no fault of the other party. The Consultant shall be paid for agreed to in writing and signed by both parties.
services performed to the dote of termination, including
reimbursements then due.
H. Abandoned or Suspended Work 1
If any work performed by the Consultant is abandoned or
suspended in whole or in part by the Owner, other than for
default by the Consultant, the Consultant shall be paid for
services performed prior to receipt of a written notice from the
Owner of such abandonment or suspension in an amount
equal to work performed as of the date of abandonment or
suspension.
I. Signage
Owner agrees to allow Consultant to place a sign on the job
site during construction. The sign will indicate that the
Consultant performed site design. Consultant is responsible for
the sign installation and removal.
Ui/A9Owner's Initials
2of2
Consultant's Initials
___ $