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HomeMy WebLinkAboutContract No. 2013 2490 4 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 551.292.4400 tkdo.com TKDA February 14, 2013 Via Email Only: kevin.hansen @ci.columbia-heights.mn.us Mr. Kevin Hansen Director of Public Works/City Engineer City of Columbia Heights 590 40th Avenue NE Columbia Heights, Minnesota 55421-3835 Re: Proposal for Engineering Services Commercial Water Meter Replacement Project City of Columbia Heights, Minnesota Dear Mr. Hansen: Pursuant to communications with you, we propose to provide Engineering Services in connection with your proposed Commercial Water Meter Replacement Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Engineer-Architect Agreement" dated July 2009. Hereinafter, the City of Columbia Heights is referred to as the CLIENT. I. PROJECT DESCRIPTION The CLIENT proposes to replace the Commercial Water Meters in their service area. TKDA will work with the CLIENT's staff to select metering equipment, develop a bidding schedule and bidding requirements, and prepare plans and specifications for the purchase of the new water metering equipment and obtain competitive bids for the water meter reading system equipment/materials and installation. TKDA will assist the CLIENT with Construction Contract Administration Services only as requested. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA's understanding of the Project, we propose to provide the following services: A. PLANS AND SPECIFICATIONS 1. Attend one meeting with the CLIENT's staff to discuss Project requirements, evaluate and select metering equipment, and prepare project schedule and procedures. 2. Prepare performance-based plans and specifications that will be used to obtain competitive bids for the Project materials and for metering system installation. 3. Prepare an opinion of probable costs for the Project. Produce four sets of plans and specifications for use in bidding and place Project on QuestCDN. An emplogee owned compong promoting affirmative action and equal opportunity � Mr. Kevin Hansen City of Columbia Heights Proposal for Engineering Services Commercial Water Meter Replacement Project February 13. 2013 Page B. BIDDING PHASE 1. Submit en advertisement for bids ew needed hn meet legal requirements. 2. Attend the bid opening, prepare bid tabulation, and assist the CLIENT in evaluating bids received. 3. Provide the CLIENT with a letter of recommendation regarding award of the oontroct, and assist the CLIENT with securing the Project contract. C. CONSTRUCTION CONTRACT ADMINISTRATION To be provided as requested by the CLIENT at the hourly rates listed in the attached Rate Schedule. Services may include any of the following; however, TK[)A shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for acts or omissions of the contractor, subcontractors, or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the Contract Documents. 1. Consult with, advise, and act as the CLIENT'S representative as provided in the Contract Documents. 2. Attend and assist the CLIENT with a preconstruction conference and progress meetings hoba attended by the contractor and others on may be requested by the CLIENT. 3. Make visits b}the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional, the progress and quality of the executed work of the contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. 4. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents) and samples, the results of tests and inspeotiono, and other data that the contractor in required to submit, but only for conformance with the design concept uf the Project mnd compliance with the information given in the Contract Documents. 5. Issue all instructions to the contractor; issue necessary interpretations and clarifications of the Contract Documents and in connection therewith, process contractor pay requests and change orders eo needed or requested bythe CLIENT. 8. Provide field services, including random checking of installed water meters, equipment, and materials to determine if installation complies with Project requirements; working with installers and City staff regarding difficult water meter installations; and checking all invoiced water meters and materials t0verify proper operation before recommending payment to the contractor for the installation. ~ Mr. Kevin Hansen City of Columbia Heights Proposal for Engineering Services Commercial Water Meter Replacement Project February 13, 2013 Page 3 7. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work appears to have been completed in accordance with the Contract Documents and if the contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend, in writing, final payment to the contractor and may give written notice to the CLIENT and the contractor that the work is acceptable (subject to any conditions therein expressed). III. ADDITIONAL SERVICES If authorized in writing by the CLIENT, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Attend additional Project meetings with the CLIENT's staff beyond those included in SECTION II, if required by the CLIENT. B. Observations during the guarantee period and related services. IV. CLIENT'S RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. That individual shall be identified in the signature block area of this Proposal. B. Provide access to the CLIENT's files, records, and data pertaining to the Project. C. Provide reasonable access to the CLIENT's accounts and meter data included in the Project. D. Provide input and review of submitted plans and specifications, and assistance in Project scheduling. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal and to complete SECTION ILA and 11.13 services within five months thereafter. SECTION ILC services will be completed in accordance with the contractor's installation schedule and as requested by the CLIENT. ' Mr. Kevin Hansen City ofColumbia Heights Proposal for Engineering Services Commercial Water Meter Replacement Project February 19. 2O13 Page V|. COMPENSATION Compensation toTP{DA for services provided mS described inSECTION ILA and ||.Bofthis Proposal shall be on an Hourly Time and Materials basis in an amount not to exceed $3,900 for approximately 43Ometers. SECTION |L[} services shall b8 provided ms requested bythe CLIENT. Our detailed Project FaeEsUnnateandcurren( Hour|yRateSchedu|oenaattaohod. Payment shall be made in accordance with Article 3 of the attached General Provisions. V||. CONTRACTUALINTENT VVe thank you for the opportunity tnsubmit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City ofColumbia Heights and the return of signed original to us. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, Verne E4Jobsen, PE L8rryzohnar, PE Project Manager Vice Pnasidont, Municipal Sen/iooa VEJi[}B:adh ATTACHMENTS: SCHEDULE 2900-M90 PROJECT FEE ESTIMATE GENERAL PROVISIONS ACCEPTED FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By: (signature) Printed Name/Title O�te CLIENT'S DESIGNATED REPRESENTATIVE: Name/Title Phone Email 2013 SCHEDULE OF BILLING RATES TKDA Municipal Services Division Employee Classification t Range of Hourly Billing Rates* Senior Registered Engineer $ 125.00 to $ 172.00 *** Registered Engineer $ 77.00 to $ 133.00 Graduate Engineer $ 58.00 to $ 90.00 Senior Planner $ 107.00 to $ 123.00 Planner $ 55.00 to $ 89.00 Engineering Specialist 11 $ 104.00 to $ 122.00 Engineering Specialist 1 $ 70.00 to $ 104.00 Technician III $ 78.00 to $ 102.00 ** Technician II $ 49.00 to $ 78.00 ** Technician 1 $ 32.00 to $ 58.00 ** t Hourly billing rates for staff outside the Municipal Services Division will be billed at a 2.90 multiplier. In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Vehicle mileage at current IRS standard rate per mile. 2. Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 3. Outside reproduction and reprographic costs. * Rates effective until December 31, 2013. ** For hours worked over 40 hours per week individuals will be paid one and one-half times the above rates. *** Capped Maximum Schedule 2900-M90 TKDA Project Fee Estimate Client: City of Columbia Heights Date: 2/14/2013 Project: Commercial Water Meter Replacement Project By: VEJ Estimated Person Hours Required TASK/DESCRIPTION Sr Reg Reg Tech Totals Billing Rate/Hr x Multiplier $ 159 1 $ 761 $ 58 A Plans and Specifications 1 Project Meeting;Project Requirements 3 3 2 Prepare Plans and Specifications 30 1 31 3 Opinion of Probable Costs;QuestCDN Placement 2 3 5 B JBidding Phase 1 Ad for Bids 1 1 2 Bid Opening;Bid Tabulation;Evaluate Bids 1 4 5 3 Recommend Award 1 1 1 ITOTAL HOURS 5 36 5 46 TOTAL LABOR COST $ 795 $ 2,736 $ 290 $ 3,821 Expenses; Travel&Subsistence(TS) $ 60 Reproduction&Reprographics(RR) $ 20 TOTAL FEES $ 3,901 ROUNDED $ 3,900 TOLTZ, KING, DUVALL,ANDERSON AND ASSOCIATES, INCORPORATED General Provisions of Engineer-Architect Agreement ARTICLE 1. GENERAL will be at the user's sole risk. If there is a discrepancy between the electronic files and These General Provisions supplement and become part of the Agreement between Toltz, the hard copies,the hard copies govern. In the event electronic copies of documents are King, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation, made available to the CLIENT, the CLIENT acknowledges that the useful life of hereinafter referred to as TKDA, and the other Party to the Agreement, hereinafter electronic media may be limited because of deterioration of the media,obsolescence of referred to as CLIENT, wherein the CLIENT engages TKDA to provide certain the computer hardware and/or software systems or other causes outside of TKDA's Engineering,Architectural,and/or Planning services. Either Party to this Agreement may control. Therefore,TKDA makes no representation that such media will be fully usable be referred to as a"Party"or collectively as"Parties." beyond 30 days from date of delivery to CLIENT. As used herein,the term"Agreement"refers to(1)TKDA's original Engagement Letter or If requested, at the time of completion or termination of the work, TKDA shall make proposal(the"Engagement Letter")which forms the basis for the Agreement;(2)these available to the CLIENT at CLIENT's expense copies of the Instruments of Service upon General Provisions,and(3)any attached Exhibits,as if they were part of one and the (i)payment of amounts due and owing for work performed and expenses incurred under same document. With respect to the order of precedence,any attached Exhibits shall this Agreement,and(ii)fulfillment of the CLIENT's obligations under this Agreement. govern over these General Provisions and the Engagement Letter shall govern over any ARTICLE 7. CLIENT'S ACCEPTANCE BY PURCHASE ORDER attached Exhibits and these General Provisions. In lieu of or in addition to execution of the Engagement Letter,the CLIENT may authorize ARTICLE 2. PERIOD OF SERVICE TKDA to commence services by issuing a purchase order by a duly authorized The term of this Agreement for the performance of services hereunder shall be as set representative. Such authority to commence services or purchase order shall forth in TKDA's Engagement Letter. Any lump sum or estimated maximum payment incorporate by reference the terms and conditions of this Agreement. In the event the amounts set forth in the Engagement Letter have been established in anticipation of the terms and conditions of this Agreement conflict with those contained in the CLIENT's orderly and continuous progress of the project in accordance with the schedule set forth purchase order, the terms and conditions of this Agreement shall govern. in the Engagement Letter or any Exhibits attached thereto. Notwithstanding any purchase order provisions to the contrary,no warranties,express or ARTICLE 3. COMPENSATION TO TKDA implied, are made by TKDA. In order to implement the intent of Parties to this Agreement,the Parties agree that the Engagement letter,these General Provisions,and A. Compensation to TKDA for services shall be as designated in the Engagement any Exhibits constitute the entire Agreement between them. The Parties further agree Letter. The CLIENT shall make monthly payments to TKDA within 30 days of date of that the preprinted terms and conditions of any CLIENT-generated purchase order issued invoice. to request work pursuant to this Agreement will not apply to the work, regardless of B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies whether TKDA executes the purchase order in acceptance of the work. TKDA in writing of the particular item that is alleged to be incorrect within 15 days from ARTICLE 8. CLIENT'S RESPONSIBILITIES the date of invoice, in which case all undisputed items shall be paid and amounts in A. To permit TKDA to perform the services required hereunder, the CLIENT shall dispute shall become due upon an adjudicated resolution or upon agreement of the parties. All accounts unpaid after 30 days from the date of original invoice shall be supply,in proper time and sequence,the following at no expense to TKDA: subject to a service charge of 1-1/2%per month,or the maximum amount authorized by 1. All necessary information regarding its requirements as necessary for orderly law, whichever is less. TKDA shall be entitled to recover all reasonable costs and progress of the work. disbursements, including reasonable attorneys' fees, incurred in connection with 2. Designate in writing a person to act as CLIENT's representative with respect to collecting amounts owed by CLIENT. In addition,TKDA may,after giving seven days' the services to be rendered under this Agreement. Such person shall have written notice to the CLIENT,suspend services under this Agreement until TKDA has authority to transmit instructions,receive instructions,receive information,and been paid in full for all amounts then due for services,expenses and charges. CLIENT interpret and define CLIENT's policies with respect to TKDA's services. agrees that it shall waive any and all claims against TKDA and that TKDA shall not be 3. Furnish,as required for performance of TKDAS services(except to the extent responsible for any claims arising from suspension of services hereunder. provided otherwise in the Engagement Letter or any Exhibits attached thereto), ARTICLE 4. EXTRA WORK data prepared by or services of others,including without limitation,soil borings, If TKDA is of the opinion that any work it has been directed to perform is beyond the probing and subsurface explorations,hydrographic and geohydrologic surveys, Scope of this Agreement,or that the level of effort required exceeds that estimated due laboratory tests and inspections of samples, materials and equipment; to changed conditions and thereby constitutes extra work, it shall notify the CLIENT of appropriate professional interpretations of all of the foregoing;environmental that fact. Upon written notification to CLIENT, TKDA shall be entitled to additional assessment and impact statements; property, boundary, easement, compensation for same,and to an extension of time for completion absent timely written right-of-way, topographic and utility surveys; property descriptions; zoning, objection by CLIENT to additional services. deed and other land use restriction;and other special data not covered in the ARTICLE 5. ABANDONMENT,CHANGE OF PLAN AND TERMINATION Engagement Letter or any Exhibits attached thereto. Either Party has the right to terminate this Agreement upon seven days'written notice for 4. Provide access to,and make all provisions for TKDA to enter upon publicly or convenience of either CLIENT or TKDA. In addition,the CLIENT may at any time reduce privately owned property as required to perform the work. the scope of this Agreement. Such reduction in scope shall be set forth in a written 5. Act as liaison with other agencies or involved parties to carry out necessary notice from the CLIENT to TKDA. In the event of unresolved dispute over change in coordination and negotiations; furnish approvals and permits from all scope or changed conditions,this Agreement may also be terminated upon seven days' governmental authorities having jurisdiction over the project and such written notice as provided above. approvals and consents from others as may be necessary for completion of the In the event of a termination or reduction in scope of the project work,TKDA shall be project, paid for the work performed and expenses incurred on the project work and for any 6. Examine all reports,sketches, drawings,specifications and other documents completed and abandoned work for which payment has not been made,computed in prepared and presented by TKDA, obtain advice of an attorney, insurance accordance with the provisions of the Engagement Letter and payment of a reasonable counselor or others as CLIENT deems necessary for such examination,and amount for services and expenses directly attributable to termination, both before and render in writing decisions pertaining thereto within a reasonable time so as not after the effective date of termination, such as reassignment of personnel, costs of to delay the services of TKDA. terminating contracts with TKDA's subconsultants, costs of producing copies of file 7. Give prompt written notice to TKDA whenever the CLIENT observes or materials and other related close-out costs. otherwise becomes aware of any development that affects the scope or timing ARTICLE 6. DISPOSITION OF PLANS,REPORTS AND OTHER DATA of TKDA's services or any defect in the work of Construction Contractor(s), All documents,including reports,drawings,calculations,specifications,CADD materials, subconsultants or TKDA. computer software or hardware or other work product prepared by TKDA pursuant to this 8. Initiate action, where appropriate, to identify and investigate the nature and Agreement are TKDA's Instruments of Service and TKDA retains all ownership interests extent of asbestos, petroleum and/or pollution in the project and to abate in said Instruments of Service, including copyrights. Any use or reuse of such and/or remove the same as may be required by federal,state or local statute, Instruments of Service, except for the specific purpose intended, by the CLIENT or ordinance, code, rule, or regulation now existing or hereinafter enacted or others without written consent, verification, or adaptation by TKDA will be at the amended. For purposes of this Agreement, "pollution" and "pollutant'shall CLIENT's risk and full legal responsibility. In this regard,the CLIENT will indemnify and mean any solid, liquid, gaseous or thermal irritant or contaminant, including hold harmless TKDA from any and all suits or claims of third parties arising out of such petroleum, smoke, vapor, soot, alkalis, chemicals and hazardous or toxic use or reuse which is not specifically verified,adapted,or authorized by TKDA. waste. Hazardous Materials means any substance, waste, pollutant or Copies of documents that may be relied upon by the CLIENT are limited to the printed contaminant(including petroleum)now or hereafter included within such terms copies(also known as hard copies)that are signed or sealed by TKDA's Engineer or under any federal, state or local statute, ordinance, code, rule or regulation Architect. Files in electronic format furnished to the CLIENT are only for convenience of now existing or hereinafter enacted or amended. Waste further includes the CLIENT. Any conclusion or information obtained or derived from such electronic files materials to be recycled,reconditioned or reclaimed. CLIENT further agrees it TKDA GENERAL PROVISIONS JULY 2009(E/O) will, where appropriate, endeavor to identify, remove and/or encapsulate damages,losses and expenses including attorneys'fees arising out of,or resulting from, asbestos products,petroleum,pollutants or Hazardous Materials located in the any interpretation, clarification, substitution acceptance, shop drawing or sample project area prior to accomplishment by TKDA of any work on the project. approval or modification of such documentation issued or carried out by CLIENT or If TKDA encounters,or reasonably suspects that it has encountered,asbestos others. Nothing contained in this paragraph shall be construed to release TKDA(or or pollution in the project, TKDA shall cease activity on the project and TKDA's professional associates or consultants) from liability for failure to perform in promptly notify the CLIENT,who shall proceed as set forth above. Unless accordance with professional standards any duty or responsibility which TKDA has otherwise specifically provided in the Engagement Letter,the services to be undertaken or assumed under this Agreement, provided by TKDA do not include identification of asbestos or pollution, and ARTICLE 11. INSURANCE TKDA has no duty to identify or attempt to identify the same within the area of TKDA shall procure and maintain insurance for protection from claims against it under the project. workers' compensation acts, claims for damages because of bodily injury including With respect to the foregoing,CLIENT acknowledges and agrees that TKDA is personal injury,sickness or disease or death of any and all employees,and from claims not a user,handler,generator,operator,treater,Storer,transporter or disposer against it for damages because of injury to or destruction of property. of asbestos,petroleum,Pollutant,or other Hazardous Materials which may be Also,TKDA shall procure and maintain professional liability insurance for protection from encountered by TKDA on the project. CLIENT agrees to hold harmless, claims arising out of performance of professional services caused by any negligent act, indemnify and defend TKDA and TKDA's officers, subconsultant(s), error,or omission for which TKDA is legally liable. subcontractor(s),employees and agents from and against any and all claims, Certificates of insurance will be provided to the CLIENT upon request. lawsuits, damages, liability and costs, including, but not limited to, costs of ARTICLE 12. ASSIGNMENT defense,arising out of or in any way connected with the presence,discharge, release, or escape of asbestos, petroleum or other Hazardous Materials or This Agreement, being intended to secure the personal service of the individuals waste on the site. This indemnification is intended to apply only to existing employed by and through whom TKDA performs work hereunder,shall not be assigned, conditions present at the site prior to TKDA's commencement of services,and sublet or transferred without the written consent of TKDA and the CLIENT. Any does not apply to conditions that arise subsequent to TKDA's commencement assignment of the Agreement, or claims arising under or relating to the Agreement of services that are caused or created by TKDA. without the written consent of both Parties shall be null and void. 9. Provide such accounting, independent cost estimating and insurance ARTICLE 13. CONTROLLING LAW counseling services as may be required for the project,such legal services as This Agreement is to be governed by the laws of the State of Minnesota. the CLIENT may require or TKDA may reasonably request with regard to legal ARTICLE 14. SEVERABILITY issues pertaining to the project including any that may be raised by Any provision or portion thereof in this Agreement which is held to be void or contractor(s),such auditing service as CLIENT may require to ascertain how or unenforceable under any law shall be deemed stricken,and all remaining provisions shall for what purpose any contractor has used the monies paid under the continue to be valid and binding between CLIENT and TKDA. construction contract,and such inspection services as CLIENT may require to ascertain that contractor(s) are complying with any law, rule, regulation, ARTICLE 15. WAIVER OF CONSEQUENTIAL DAMAGES ordinance,code or order applicable to their furnishing and performing the work. CLIENT and TKDA waive consequential damages for claims,disputes or other matters in 10. Provide"record"drawings and specifications for all existing physical plants or question arising out of or relating to TKDA's services under this Agreement. This mutual facilities which are pertinent to the project. waiver of consequential damages applies and survives termination of this Agreement. 11. Act promptly to approve all pay requests, Supplemental Agreements, or ARTICLE 16. LIMITATION OF LIABILITY requests for information by TKDA as set forth herein. In recognition of the relative risks of CLIENT and TKDA relating to the work, CLIENT 12. Require all Utilities with facilities in the CLIENT's right-of-way to locate and agrees,to the extent permitted by law, that TKDA's liability to the CLIENT or anyone mark said utilities upon request, relocate and/or protect said utilities as claiming through CLIENT for any and all claims,losses,costs,or damages whatsoever determined necessary to accommodate work of the project,submit a schedule arising out of,resulting from or in any way related to the Project or the Agreement from of the necessary relocation/protection activities to the CLIENT for review and any cause or causes including,but not limited to,the negligence,professional errors or comply with agreed upon schedule. omissions,strict liability or breach of contract,or warranty express or implied,of TKDA or 13. Provide other services, materials, or data as may be set forth in the its officers,directors,partners,employees,agents,or consultants,or any of them,shall Engagement Letter or any Exhibits attached thereto. not exceed the total insurance proceeds paid or available on behalf of or to TKDA by its insurers in settlement or satisfaction of CLIENT's claims against TKDA under the terms B. TKDA shall be entitled to rely on the accuracy and completeness of information and conditions of TKDA's insurance policies applicable thereto. furnished by the CLIENT. If TKDA finds that any information furnished by the CLIENT is ARTICLE 17, CONFLICT RESOLUTION in error or is inadequate for its purpose,TKDA shall promptly notify the CLIENT. ARTICLE 9. OPINIONS OF COST In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the CLIENT and TKDA agree that all Opinions of probable project cost, construction cost, financial evaluations, feasibility disputes between them arising out of or relating to this Agreement shall be submitted to studies, economic analyses of alternate solutions and utilitarian considerations of nonbinding mediation as a precondition to any formal legal proceedings. operations end maintenance costs provided for in the Engagement Letter or any Exhibits ARTICLE 18. CONFIDENTIALITY attached thereto,are made on the basis of TKDA's experience and qualifications and represent TKDA's judgment as an experienced and qualified design professional. It is TKDA agrees to keep confidential and not to disclose to any person or entity,other than recognized that TKDA does not have control over the cost of labor,material,equipment TKDA's employees, subconsultants and the general contractor and subcontractors, if or services furnished by others or over market conditions or contractors' methods of appropriate,any data and information furnished to TKDA and marked CONFIDENTIAL determining their prices, and that any evaluation of any facility to be constructed, or by the CLIENT. These provisions shall not apply to information in whatever form that acquired, or work to be performed on the basis of TKDA's cost opinions, must of comes into the public domain,nor shall it restrict TKDA from giving notices required by necessity, be speculative until completion of construction or acquisition. Accordingly, law or complying with an order to provide information or data when such order is issued TKDA does not guarantee that proposals,bids or actual costs will not substantially vary by a court, administrative agency or other authority with proper jurisdiction, or if it is from opinions,evaluations or studies submitted by TKDA to CLIENT hereunder. TKDA reasonably necessary for TKDA to complete services under the Agreement or defend assumes no responsibility for the accuracy of opinions Of probable project costs or itself from any suit or claim. construction costs,and provides these estimates for the sole convenience of the CLIENT ARTICLE 19. UNDERGROUND UTILITIES for the purposes of general project budgeting. If authorized in the Engagement Letter, TKDA and/or its authorized subconsultant will ARTICLE 10. CONSTRUCTION PHASE SERVICES conduct the research that in its professional opinion is necessary and will prepare a plan CLIENT acknowledges that it is customary for the Architect or Engineer who is indicating the locations intended for subsurface penetrations with respect to assumed responsible for the preparation and furnishing of Drawings and Specifications and other locations of underground improvements. Such services by TKDA or its subconsultant will construction-related documents to be employed to provide professional services during be performed in a manner consistent with the ordinary standard of care. The CLIENT the Construction Phases of the project,(1)to interpret and clarify the documentation so recognizes that the research may not identify all underground improvements and that the furnished and to modify the same as circumstances revealed during bidding and information upon which TKDA relies may contain errors or may not be complete. construction may dictate, (2) in connection with acceptance of substitute of or-equal The CLIENT agrees,to the fullest extent permitted by law,to waive all claims and causes items of materials and equipment proposed by bidders and contractor(s), (3) in of action against TKDA and anyone for whom TKDA may be legally liable,for claims by connection with review of shop drawings and sample submittals,and(4)as a result of CLIENT or its contractors for delay or additional compensation relating to the and in response to TKDA's detecting in advance of performance of affected work identification,removal,relocation,or restoration of utilities,or damages to underground inconsistencies or irregularities in such documentation. CLIENT agrees that if TKDA is improvements resulting from subsurface penetration locations established by TKDA. not employed to provide such professional services during the Construction Phases of the project,TKDA will not be responsible for,and CLIENT shall indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, all claims, TKDA GENERAL PROVISIONS JULY 2009(E 10)