TR-2016-51 BORROW APPROP - WATER MAIN opptzp
TR-2016-51
A RESOLUTION AUTHORIZING THE BORROWING AND APPROPRIATION IN
THE AMOUNT OF$57,400.00 FOR ENGINEERING SERVICES FOR THE DESIGN
AND CONSTRUCTION OF THE REPLACEMENT OF THE WATER MAIN IN THE
VICINITY OF SPRINGFIELD STREET AND SUFFIELD STREET
(Sponsored by: Mayor Richard A Cohen)
WHEREAS the current 8 inch ductile iron water main in the area of Springfield Street
and Suffield Street is in need of replacement; and
WHEREAS the MassDOT is scheduled to proceed with the project of widening the
Memorial Avenue Bridge and the realignment and widening of Springfield Street between
Walnut Street and Memorial Avenue; and
WHEREAS the design and construction of 8 inch water main replacement would be done
in conjunction with the MassDOT project in the same area; and
WHEREAS the section of Suffield Street that would be replaced is approximately 700
feet of pipe, from Walnut Street Extension to Main and Springfield Streets; and
WHEREAS the section of Springfield Street that would be replaced is approximately 500
feet of pipe, from Main and Suffield Streets to Walnut Street; and
WHEREAS it has been determined to be in the best interests of the Town and the
residents to proceed with the design and construction of the replacement of the water main
in the vicinity of Springfield Street and Suffield Street.
NOW THEREFORE,the AGAWAM CITY COUNCIL hereby resolves to authorize
the following: That$57,400.00 is appropriated to pay the costs of engineering services
for the design and construction of the replacement of the 8 inch ductile water main from:
(i)Walnut Street extension and Main and Springfield Streets,and(ii)Main and Suffield
Streets to Walnut Street; and(iii)to meet this appropriation, the Treasurer,with the
approval of the Mayor, is authorized to borrow said arnount under and pursuant to
Chapter 44, Section 7(1)of the Massachusetts General Laws,or pursuant to any other
enabling authority, and to issue bonds or notes of the town therefor.
o ec - ?7h Cl
Dated this S day of ,2016. C �
PER ORDER OF THE AGAWAM CITY COUNCIL
James P. ' hetti,President
APPROVED AS TO FORM AND LEGALITY
4* Z��:
Patrick M. Toney, City Solicitor
MAYORAL ACTION
Received this day of QMM ,2016 from Council Clerk_
Signed by Council President this _VYP _ day of 2016.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga amZr
er, as
ended,I hereby approve the passage of the above legislation on this —day of
2016.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended,I hereby veto the passage of the above legislation on this day of
2016 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO C UNCIL CLERK
Returned to Council Clerk this day of 2016.
TR-20I6-51
A RESOLUTION AUTHORIZING THE BORROWING AND APPROPRIATION IN
THE AMOUNT OF $57,400.00 FOR ENGINEERING SERVICES FOR THE DESIGN
AND CONSTRUCTION OF THE REPLACEMENT OF THE WATER MAIN IN THE
VICINITY OF SPRINGFIELD STREET AND SUFFIELD STREET
(Sponsored by: Mayor Richard A Cohen)
WHEREAS the current 8 inch ductile iron water main in the area of Springfield Street
and Suffield Street is in need of replacement; and
WHEREAS the MassDOT is scheduled to proceed with the project of widening the
Memorial Avenue Bridge and the realignment and widening of Springfield Street between
Walnut Street and Memorial Avenue; and
WHEREAS the design and construction of 8 inch water main replacement would be done
in conjunction with the MassDOT project in the same area; and
WHEREAS the section of Suffield Street that would be replaced is approximately 700
feet of pipe, from Walnut Street Extension to Main and Springfield Streets; and
WHEREAS the section of Springfield Street that would be replaced is approximately 500
feet of pipe, from Main and Suffield Streets to Walnut Street; and
WHEREAS it has been determined to be in the best interests of the Town and the
residents to proceed with the design and construction of the replacement of the water main
in the vicinity of Springfield Street and Suffield Street.
NOW THEREFORE, the AGAWAM CITY COUNCIL hereby resolves to authorize
the following: That $57,400.00 is appropriated to pay the costs of engineering services
for the design and construction of the replacement of the 8 inch ductile water main from:
(i) Walnut Street extension and Main and Springfield Streets, and (ii) Main and Suffield
Streets to Walnut Street; and (iii) to meet this appropriation, the Treasurer, with the
approval of the Mayor, is authorized to borrow said amount under and pursuant to
Chapter 44, Section 7(1) of the Massachusetts General Laws, or pursuant to any other
enabling authority, and to issue bonds or notes of the town therefor.
Dated this day of , 2016.
r
PER ORDER OF THE AGAWAM CITY COUNCIL
James P. Cichetti, President
APPROVED AS TO FORM AND LEGALITY
Patrick M. Toney, City Solicitor
i
Tighe&Bond
Engineers I Environmental Specialists
100914-035F
June 29, 2016
Mr. Christopher J. Golba, Superintendent
Department of Public Works
1000 Suffield Street
Agawam, MA 01001
Re: Proposal for Springfield Street/Suffield Street Water Main Replacement
Dear Mr. Golba:
In accordance with your request, we are pleased to submit this proposal to provide engineering
services for the design and construction of 8-inch ductile iron replacement water main in the
vicinity of Springfield Street and Suffield Street. The water main replacement project would be
completed in conjunction with the MassDOT project involving widening of the Memorial Avenue
Bridge and realignment and widening of Springfield Street between Walnut Street and
Memorial Avenue.
The section of Suffield Street to be replaced is from the Walnut Street Extension to
Main/Sping>'leld Street, which is approximately 700 feet of pipe. The section of Springfield
Street to be replaced is from Main/Suffield Street to Walnut Street, which Is approximately
500 feet of pipe.
Our proposed scope of services includes design and construction services and is presented
below.
Scope of Services
The tasks described below provide a cost effective approach to design, bidding, and
construction administration for the water main replacement on Springfield Street and
Suffield Street.
Task 3 — Design Services
1.1 Conduct a topographic/detail survey of Suffield Street section of the project. The
topographic survey shall include: vertical and horizontal control points throughout
the project area, detail items, and wetlands resource areas (if any) within or
adjacent to the project area. Our review of the MassDOT drawings indicated that
survey for the Springfield Street section of the project has already been completed.
1.2 Perform one day of geotechnical borings to determine soil, bedrock, and groundwater
conditions for the Suffield Street section of the project. Our review of the MassDOT
drawings indicated that geotechnical borings for the Springfield Street section of the
project have already been completed.
1.3 Prepare approximately 7 water main replacement design drawings including:
• Cover page
• General notes, abbreviations and legends
• Two plan sheets (no profiles)
• Two crossing and construction detail sheets
53 Southampton Road Westfield, MA 01085-5308 Tel 413.562.1600
www.tiohebond.com
raond
• Traffic Control Plan
1.4 Assemble technical specifications in the form of Special Provisions to accompany the
MassDOT contract documents being prepared by another engineer.
1.5 Meet with the Town to review the 50% draft design to discuss issues or decisions
that may require the Town's input.
1.6 Finalize Drawings and Special Provisions for bidding.
1.7 Prepare an opinion of probable construction cost based on our water main
replacement drawings to be provided with the draft and final submission.
Task 2 — Bidding Services
It is assumed that this project will be bid by MassDOT. We will respond to and provide
clarification to any questions that should arise during the bidding process as they pertain to
the water main replacement work.
Task 3 — Construction Administration
3.1 Attend the MassDOT pre-construction conference.
3.2 Attend construction progress meetings during portions of the project when water
main is ongoing as well as be in close communication with Town and/or MassDOT
field observation representatives. We have budgeted for attendance at 6 progress
meetings.
3.3 Provide support interpreting and clarifying Contract Documents and Provisions as
well as Requests for Information (RFI's).
3.4 Review, reject/approve, and process shop drawings and submittals from the selected
Contractor for Contract compliance.
3.5 Review, reject/approve, and process change orders.
3.6 Provide resident construction observation during portions of the project that involve
water main work. We anticipate that construction progress may be slow due to both
traffic and utility congestion and have budgeted for four weeks of full time
observation.
3.7 Update the original design drawings, and issue a record plan set to document as-
built conditions based on data collected during construction by Town forces (provided
to Tighe & Bond), and any changes to the original design that may have occurred.
Services Not Included In Scope
The following services are not included in our proposed Scope of Services. If these services
are required or desired by the Town, we can submit a revised/amended Scope of Services
and an anticipated fee for these additional services.
• Soil classification
• Permitting/permitting fees (we assume the project is exempt from Wetlands
Protection Act)
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Fee
Tighe & Bond will perform these services for a not to exceed fee of $57,400. These services
will be invoiced at the Company's standard billing rates. Reimbursable expenses performed
by other than Tighe & Bond employees, such as subcontractors, materials purchased
directly for this project, and permitting fees will be invoiced at cost plus ten percent.
Reimbursable expenses such as in-house field supplies and equipment rental, tolls and
parking, overnight mailings and bulk notification mailings, and in-house printing shall be
invoiced at cost or unit costs as applicable. Tighe & Bond does not charge clients for items
such as regular mailings of project .documents, telephone or fax communications or
computer usage. In the event that the scope of work is increased for any reason, the
limiting fee to complete the work shall be mutually revised by written amendment. Our
attached Terms and Conditions is part of this letter agreement.
Schedule
We estimate that the design of the replacement water main can be completed within 3
months of receiving a Notice to Proceed.
Acceptance
If the proposed scope, fee, schedule and our attached Terms and Conditions are acceptable,
please sign this letter on the next page and return it to Tighe & Bond as our authorization to
proceed.
If you have any questions, please call.
Very truly yours,
TIGHB & BOND, INC.
Todd M. Brown, P.E.
Vice President
Enclosures: Terms and Conditions
J.V\A0914\PROP\AO914-035r Main St-Suffield St Water Main Rep1acement\Rcposa1\water main proposal-final.docx.doc
- 3 -
IA' 147TNESS 11'HEREOF, the parties hereunto have signed this Contract as a sealed instrument on this � day of
,20
TOWN OF AGANVAM THE VENDOR
By: y: C - -
Richard A Cohen,Mayor Signature of Vendor,must be Corporate Officer
Department Head Name of Vendor
Acct#
Title of Vendor:must be Corporate Officer
By:
Jennifer Bonfiglio.
Chief Procurement Officer 5� S�`�j}yy.y�� �✓' J�
Street Address
Town,State and Zip
By:
Vince Gioscia:Town Solicitor ` G�
Certified as to Form and Legality `1 L . Y Zr'�
Tax ID or Social Security No.
By: FOR CORPORATIONS ONLY:
Cheryl St.John,Tmam Auditor
By:
Clerks' Signature
Print or Type Clerk's Name
CERTIFICATION OF SELLER: Pursuant to M.G.L.c.62(c),sec.49 W,the individual signing this Contract on behalf of the Contractor,herhl
certifies, under the Penalties of p�urY that to the best of their knowledge And belief the Contractor has compiled with all laovc of the
Commonwealth relating to taxes,=rtlne of emulo)ees and contractors,and withholding and remittine child support.
Authorized Signature of Seller:
53 Southampton Road Westfield, MBA 01085-5308 Tei 413.562.1600 Fax 413.562.5317
TERMS AND CONDITIONS 1 of 3 REV. 10/15 TVw&Bond
Agreement to the date of termination and all services and
"CLIENT" is defined in the acceptance line of expenses related to the orderly termination of this Agreement.
the accompanying proposal letter or the name
the proposal is issued to; Tighe & Bondi Inc. is
' RECORD RETENTION
hereby referenced as "ENGINEER". 5.1 ENGINEER will retain pertinent records relating to the
services performed for the time required by law, during which
1. SCHEDULE OF PAYMENTS period the records will be made available upon reasonable
1.1 Invoices will generally be submitted once a month for request and upon reimbursement for any applicable
services performed during the previous month. Payment will retrieval/copying charges,
be due within 30 days of invoice date. Monthly payments to 5.2 Samples - All soil, rock and water samples will be
ENGINEER shall be made on the basis of invoices submitted by discarded 30 days after submission of ENGINEER's report,
ENGINEER and approved by CLIENT. If requested by CLIENT, unless mutually agreed otherwise or unless ENGINEER's
monthly invoices may be supplemented with such supporting customary practice is to retain for a longer period of time for
data as reasonably requested to substantiate them. the specific type of services which ENGINEER has agreed to
1.2 In the event of a disagreement as to billing, the CLIENT perform. Upon request and mutual agreement regarding
shall pay the agreed portion. applicable charges, ENGINEER will ship, deliver and/or store
samples for CLIENT.
1.3 Interest will be added to accounts in arrears at the rate 6. OWNERSHIP OF DOCUMENTS
of one and one-half (1.5) percent per month (18 percent per
annum) or the maximum rate allowed by law, whichever is 6.1 All reports, drawings, specifications, computer files, field
less, of the outstanding balance. In the event counsel is data, notes, and other documents, whether in paper or
retained to obtain payment of an outstanding balance, CLIENT electronic format or otherwise ("documents' , are instruments
will reimburse ENGINEER for all reasonable attorney's fees and of service and shall remain the property of ENGINEER, which
court costs. shall retain all common law, statutory and other reserved
4 If CLIENT fails to make payment in full within 30 days rights including, without limitation, the copyright thereto.
1.
1. the date due for any undisputed billing, ENGINEER may, CLIENT's payment to ENGINEER of the compensation set forth
of in the Agreement shall be a condition precedent to the
after giving seven days' written notice to CLIENT, suspend CLIENT's right to use documents prepared by ENGINEER.
services and retain work product until paid in full, including
interest. In the event of suspension of services, ENGINEER 6.2 Documents provided by ENGINEER are not intended or
will have no liability to CLIENT for delays or damages caused represented to be suitable for reuse by CLIENT or others on
by such suspension. any extension or modification of this project or for any other
2. SUCCESSORS AND ASSIGNS projects or sites. Documents provided by ENGINEER on this
project shall not, in whole or in part, be disseminated or
2.1 CLIENT and ENGINEER each binds itself, its partners, conveyed to any other party, nor used by any other party,
successors, assigns and legal representatives to the other other than regulatory agencies, without the prior written
parties to this Agreement and to the partners, successors, consent of ENGINEER. Reuse of documents by CLIENT or
assigns and legal representatives of such other parties with others on extensions or modifications of this project or on
respect to all covenants of this Agreement. ENGINEER shall other sites or use by others on this project, without
not assign, sublet or transfer its interest in this Agreement ENGINEER's written permission and mutual agreement as to
without the written consent of CLIENT, which consent shall not scope of use and as to compensation, if applicable, shall be at
be unreasonably withheld. the user's sole risk, without liability on ENGINEER's part, and
CLIENT agrees to indemnify and hold ENGINEER harmless
2.2 This Agreement represents the entire and integrated from all claims, damages, and expenses, including attorney's
Agreement between CLIENT and ENGINEER and supersedes all fees, arising out of such unauthorized use or reuse.
prior negotiations, representations or Agreements, whether
written or oral. This Agreement may be amended only by 6.3 Electronic Documents - ENGINEER cannot guarantee the
written instrument signed by both CLIENT and ENGINEER. authenticity, integrity or completeness of data files supplied in
electronic format. If ENGINEER provides documents In
2.3 Nothing contained in this Agreement shall create a electronic format for CLIENT's convenience, CLIENT agrees to
contractual relationship or cause of action in favor of a third waive any and all claims against ENGINEER resulting in any
party against CLIENT or against ENGINEER. way from the unauthorized use, alteration, misuse or reuse of
3. STANDARD OF CARE the electronic documents, and to defend, indemnify, and hold
ENGINEER harmless from any claims, losses, damages, or
3.1 In performing professional services, ENGINEER will use costs, including attorney's fees, arising out of the unauthorized
that degree of care and skill ordinarily exercised under similar use, alteration, misuse or reuse of any electronic documents
circumstances by members of the profession practicing in the provided to CLIENT.
same or similar locality. 6.4 Electronic Data Bases - In the event that ENGINEER
4. TERMINATION prepares electronic data bases, geographical information
system (GIS) deliverables, or similar electronic documents, it
4.1 This Agreement may be terminated by either party upon is acknowledged by CLIENT and ENGINEER that such project
seven days'written notice in the event of substantial failure by deliverables will be used and perhaps modified by CLIENT and
the other party to perform in accordance with the terms hereof that ENGINEER's obligations are limited to the deliverables
through no fault of the terminating party. In addition, CLIENT and not to any subsequent modifications thereof. Once
may terminate this Agreement for its convenience at any time CLIENT accepts the delivery of maps, databases, or similar
by giving written notice to ENGINEER. In the event of any documents developed by ENGINEER, ownership is passed to
termination, CLIENT will pay ENGINEER for all services CLIENT. ENGINEER will retain the right to use the developed
rendered and reimbursable expenses incurred under the data and will archive the data for a period of three years
from the date of project completion.
TERMS AND CONDITIONS 2 of 3 REV. 10/15 T'fghe&Bond
7. INSURANCE 9. SITE ACCESS
7.1 ENGINEER will retain Workmen's Compensation 9.1 Right of Entry - Unless otherwise agreed, CLIENT will
Insurance, Professional Liability Insurance with respect to furnish right-of-entry on the land for ENGINEER to make any
liabilities arising from negligent errors and omissions, surveys, borings, explorations, tests or similar field
Commercial General Liability Insurance, Excess Liability, and investigations, ENGINEER will take reasonable precautions to
Automobile Liability during this project. ENGINEER will furnish limit damage to the land from use of equipment, but the cost
certificates at CLIENT's request. for restoration of any damage that may result from such field
investigations is not included in the agreed compensation for
7.2 Risk Allocation - For any claim, loss, damage, or liability ENGINEER. If restoration of the land is required to its former
resulting from error, omission, or other professional condition, upon mutual agreement this may be accomplished
negligence in the performance of services, the liability of as a reimbursable additional service at cost plus ten percent.
ENGINEER to all claimants with respect to this project will be
limited to an aggregate sum not to exceed $50,000 or 9.2 Damage to Underground Structures - Reasonable care
ENGINEER's compensation for consulting services, whichever will be exercised in locating underground structures in the
is greater, vicinity of proposed subsurface explorations. This may include
contact with the local agency coordinating subsurface utility
7.3 Damages - Notwithstanding any other provision of this information and/or a review of plans provided by CLIENT or
Agreement, and to the fullest extent permitted by law, neither CLIENT representatives for the site to be investigated.
CLIENT nor ENGINEER, their respective officers, directors, ENGINEER shall be entitled to rely upon any information or
partners, employees, contractors or subconsultants shall be plans prepared or made available by others. In the absence of
liable to the other or shall make any claim for any incidental, confirmed underground structure locations, CLIENT agrees to
indirect or consequential damages arising out of or connected accept the risk of damage and costs associated with repair and
in any way to the project or to this Agreement. This mutual restoration of damage resulting from the exploration work.
waiver of certain damages shall include, but is not limited to,
loss of use, loss of profit, loss of business, loss of income, loss 10. OIL AND HAZARDOUS MATERIALS
of reputation and any other consequential damages that may be incurred from any cause of action including negligence, 10.1 If, at any time, evidence of the existence or possible
strict liability, breach of contract and breach of strict or implied existence of asbestos, oil, or other hazardous materials or
warranty. Both CLIENT and ENGINEER shall require similar substances is discovered, ENGINEER reserves the right to
waivers of consequential damages protecting all the entities or renegotiate the terms and conditions of this Agreement, the
persons named herein in all contracts and subcontracts with fees for ENGINEER's services and ENGINEER's continued
others involved in this project. involvement in the project. ENGINEER will notify CLIENT as
soon as practical if evidence of the existence or possible
S. INDEMNIFICATION AND DISPUTE RESOLUTION existence of such hazardous materials or substances is
8.1 ENGINEER agrees, to the fullest extent discovered.
g permitted by
law, to indemnify and hold CLIENT harmless from any 10.2 The discovery of the existence or possible existence of
damage, liability or cost to the extent caused by ENGINEER's hazardous materials or substances may make it necessary for
negligent acts, errors or omissions in the performance of ENGINEER to take accelerated action to protect human health
professional services under this Agreement and those of its and safety, and/or the environment. CLIENT agrees to
subconsultants or anyone for whom ENGINEER is legally compensate ENGINEER for the cost of any and all measures
liable. ENGINEER is not obligated to indemnify CLIENT in any that in its professional opinion are appropriate to preserve
manner whatsoever for CUENT's own negligence. and/or protect the health and safety of the public, the
8.2 CLIENT agrees, to the fullest extent permitted by law, environment, and/or ENGINEER's personnel. To the full extent
permitted by law, CLIENT waives any claims against
to indemnify and hold ENGINEER harmless from any ENGINEER and agrees to indemnify, defend and hold harmless
damage, liability or cost to the extent caused by CLIENT's ENGINEER from any and all claims, losses, damages, liability,
negligent acts, errors or omissions in the performance of this and costs, including but not limited to cost of defense, arising
Agreement or anyone for whom CLIENT is legally liable. out of or in any way connected with the existence or possible
CLIENT is not obligated to indemnify ENGINEER in any existence of such hazardous materials substances at the site.
manner whatsoever for ENGINEER's own negligence.
8.3 CLIENT agrees that any and all limitations of
11. SUBSURFACE INVESTIGATIONS
ENGINEER's liability, waivers of damages by CLIENT to 11.11n soils, groundwater, and other subsurface
ENGINEER shall include and extend to those individuals and investigations, conditions may vary significantly between
entities ENGINEER retains for performance of the services successive test points and sample intervals and at locations
under this Agreement, including but not limited to other than where observations, exploration, and
ENGINEER's officers, partners,and employees and their heirs investigations have been made. Because of the variability of
and assigns, as well as ENGINEER's subconsultants and their conditions and the inherent uncertainties in subsurface
officers, employees, and heirs and assigns. evaluations, changed or unanticipated underground
8.4 In the event of a disagreement arising out of or relating conditions may occur that may affect overall project costs
to this Agreement or the services provided hereunder, and/or execution. These variable conditions and related
CLIENT and ENGINEER agree to attempt to resolve any such impacts on cost and project execution are not theresponsibility of ENGINEER.
disagreement through direct negotiations between senior,
authorized representatives of each party. If any 12. FEDERAL AND STATE REGULATORY AGENCY
disagreement is not resolved by such direct negotiations, AUDITS
CLIENT and ENGINEER further agree to consider using
mutually acceptable non-binding mediation service in order 12.1 For certain services rendered by ENGINEER, documents
to resolve any disagreement without litigation. filed with federal and state regulatory agencies may be
audited after the date of filing. In the event that CLIENT's
project is selected for an audit, CLIENT agrees to compensate
TERMS AND CONDITIONS 3 of 3 REV. 10/15 Toe&Bond
ENGINEER for time spent preparing for and complying with an or other entity or any other persons at the site except
agency request for information or interviews in conjunction ENGINEER's own personnel.
with such audit. CLIENT will be notified at the time of any IS.3 On-site Responsibility - The presence of ENGINEER's
such request by an agency, and ENGINEER will invoice CLIENT
based on its standard billing rates in effect at the time of the personnel at construction site is for the purpose of
audit, providing to CLIENT an increased degree of confidence that
the completed construction work will conform generally to
13. CLIENT's RESPONSIBILITIES the construction documents and that the design concept as
reflected in the construction documenis generally has been
13.1 Unless otherwise stated in the Agreement, CLIENT will
implemented and preserved by the construction
obtain, arrange, and pay for all notices, permits, and licenses
required by local, state, or federal authorities; and CLIENT perforcontramance
. ENGINEER neither guarantees the
performance of the construction contractor(s) nor assumes
will make available the land, easements, rights-of-way, and responsibility for construction contractor's failure to perform
access necessary for ENGINEER's services or project work in accordance with the construction documents.
implementation.
15.4 Payment Recommendations - Recommendations by
13.2CLIENT will examine ENGINEER's Studies, reports, ENGINEER to CLIENT for periodic Construction progress
sketches, drawings, specifications, proposals, and other payments to the construction contractor(s) are based on
documents and communicate promptly to ENGINEER in the ENGINEER's knowledge, information, and belief from
event of disagreement regarding the contents of any of the selective observation that the work has progressed to the
foregoing. CLIENT, at its own cost, will obtain advice of an point indicated. Such recommendations do not represent that
attorney, insurance counselor, accountant, auditor, bond and continuous or detailed examinations have been made by
financial advisors, and other consultants as CLIENT deems ENGINEER to ascertain that the construction contractor(s)
appropriate; and render in writing decisions required by have completed the work in exact accordance with the
CLIENT in a timely manner. construction documents; that the final work will be
14. OPINIONS OF COST, _FINANCIAL ANALYSES, acceptable in all respects; that ENGINEER has made an
ECONOMIC FEASIBILITY PROJECTIONS, AND examination to ascertain how or for what purpose the
SCHEDULES construction contractor(s) have used the moneys paid; that
title to any of the work, materials, or equipment has passed
14.1 ENGINEER has no control over cost or price of labor and to CLIENT free and clear of liens, claims, security interests,
materials required to implement CLIENT's project, unknown or encumbrances; or that there are no other matters at issue
or latent conditions of existing equipment or structures that between CLIENT and the construction contractors that affect
may affect operation or maintenance costs, competitive the amount that should be paid.
bidding procedures and market conditions, time or quality of
performance by operating personnel or third parties, and 15.5 Record Drawings - Record drawings, if required as part
other economic and operational factors that may materially of ENGINEER's agreed scope of work, will be prepared, in
affect the ultimate project cost or schedule. Therefore, part, on the basis of information compiled and furnished by
ENGINEER makes no warranty, expressed or implied, that others, and may not always represent the exact location,
CLIENT's actual project costs, financial aspects, economic type of various components, or exact manner in which the
feasibility, or schedules will not vary from any opinions, project was finally constructed. ENGINEER is not responsible
analyses, projections, or estimates which may be provided for any errors or omissions in the information from others
by ENGINEER. If CLIENT wishes additional information as to that are incorporated into the record drawings.
any element of project cost, feasibility, or schedule, CLIENT 16. DESIGN WITHOUT CONSTRUCTION PHASE
at its own cost will employ an independent cost estimator, SERVICES
contractor, or other appropriate advisor.
The following provisions shall be applicable should the
15. CONSTRUCTION PHASE PROVISIONS ENGINEER not provide Construction Phase Services in
15.1 CLIENT and Contractor - The presence of ENGINEER's connection with the PROJECT:
personnel at a construction site, whether as onsite 16.11t is understood and agreed that the ENGINEER's Scope
representatives or otherwise, does not make ENGINEER or of Services under this proposal does not include project
ENGINEER's personnel in any way responsible for the observation or review of the Contractor's performance or any
obligations, duties, and responsibilities of the CLIENT and/or other construction phase services, and that such services will
the construction contractors or other entities, and does not be provided by the CLIENT or others. The CLIENT assumes
relieve the construction contractors or any other entity of all responsibility for interpretation of the Contract Documents
their respective obligations, duties, and responsibilities, and for construction observation, and the CLIENT waives any
including, but not limited to, all construction methods, claims against the ENGINEER that may be in any way
means, techniques, sequences, and procedures necessary for connected thereto,
coordinating and completing all portions of the construction
work in accordance with the construction contract documents 16.21n addition, the client agrees, to the fullest extent
and for providing and/or enforcing all health and safety permitted by law, to indemnify and hold harmless the
precautions required for such construction work. ENGINEER, its officers, directors, employees and
subconsultants (collectively, ENGINEER) against all damages,
15.2Contractor Control - ENGINEER and ENGINEER's liabilities or costs, including reasonable attorney's fees and
personnel have no authority or obligation to monitor, to defense costs, arising out of or in any way connected with
inspect, to supervise, or to exercise any control over any the performance of such services by other persons or entities
construction contractor or other entity or their employees in and from any and all claims arising from modifications,
connection with their work or the health and safety clarifications, interpretations, adjustments or changes made
precautions for the construction work and have no duty for to the Contract Documents to reflect changed field or other
inspecting, noting, observing, correcting, or reporting on conditions, except for claims arising from the sole negligence
health or safety deficiencies of the construction contractor(s) or willful misconduct of the ENGINEER.
1:ODM�AGREE\TERMS6&CONDMONS5TUMS&C0r,'Dn']ONS-REV14iS.DDC