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HomeMy WebLinkAboutResolution_02-99/00_10/14/1999• • RESOLUTION NO. 2-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE BID AWARD FOR DESIGN, PERMITTING AND CONSTRUCTION ADMINISTRATION OF THE TEQUESTA VILLAGE CENTER MAIN STREET TO MESSLER AND ASSOCIATES CONSULTING ENGINEERS, OF PALM BEACH GARDENS, FLORIDA, IN THE TOTAL AMOUNT OF $18,900, WITH FUNDS BEING APPROPRIATED FROM THE CAPITAL PROJECTS FUND, CENTRAL BUSINESS DISTRICT REDEVELOPMENT ARCHITECT AND ENGINEERING FEES ACCOUNT, HAVING A FY 1999/2000 BUDGET ALLOCATION OF $101, 250, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Contract Proposal for Design, Permitting and Construction Administration of the Tequesta Village Center Main Street to Messler and Associates Consulting Engineers, of Palm Beach Gardens, Florida, Attached hereto as Exhibit "A" and incorpcrated by reference as part of this Resolution is hereby approved and the Village Authorized to Execute the Contract on Village. WAS OFFERED by its adoption. Hansen Manager is Behalf of the Councilmember The motion was ,and upon being put to a vote, the vote was as follows: THE FOREGOING RESOLUTION Schauer who moved seconded by Councilmember FOR ADOPTION Joseph N. Capretta AGAINST ADOPTION Carl C. Hansen • Ron T. Mackail • Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of October, A.D., 1999. MAYOR OF TEQUESTA eQ~w ~. ~'} ae.~o~ Ron T. Mackail _ ~~ ATTEST: i • oann Mangani llo Village Clerk MyDOCUments\Resolutions • • • 1~~ 11,L~i-~~Lr ~~ ~SS~~C~i1fCS EXHI E I T ^A°• CONSULTING ENGINEERS 11211 Prosperity Farms Rd., Suite C-301, Palm Beach Gardens, Florida 33410 Phone (5611 627-2226 Fax (561] 624-1569 September 7, 1999 Mr. Matthew J. Morrison Utilities Director Village of Tequesta 250 Tequesta Drive Tequesta, FL 33469 Re: Village Access Road Tequesta Plaza Dear Matthew: Hessler & Associates is pleased to submit this proposal to provide engineering services for the referenced project. We propose to provide the necessary engineering design services for the design of the proposed access road between Tequesta Drive and Bridge Road within the proposed Tequesta Plaza project in accordance with the terms and conditions as stated herein. I. Design Services SCOPE OF SERVICES We will prepare construction plans and technical specifications for the access road in accordance with the site plan for Tequesta Village certification. These plans will include the following: 1. Paved surfaces in accordance with Village requirements. 2. Drainage system as required by the Village and S.F.W.M.D. 3. Water distribution as required by the Master Plan of Tequesta Village Center and the Village of Tequesta. 4. Sanitary sewer as required by the Master Plan of Tequesta Village Center and L.R.D. Lump Sum Fee: $7,500.00 II. Permitting Service We will prepare the required permit applications for the client signatures and subsequent transmittal to the respective regulatory agencies. 1. Paving to the Village of Tequesta. 2. Drainage to the Village of Tequesta and S.F.W.M.D. . Morrison September 7, 1999 Page 2 3. Water Distribution to the Village of Tequesta and the Palm Beach County Health Department. 4. Sanitary Sewer Collection to the L.R.P. and Palm Beach County Health Department. Lump Sum Fee: $3,500.00 III. Construction Observation During the construction phase of the project, we will provide the following services: 1. Observe excavating, filling and rough grading operations and coordinate testing with the laboratory. 2. Observe the construction of on-site paved surfaces, (subbase, base and asphalt/concrete surfaces of the roads, parking areas, and sidewalks. 3. Observe the construction of water and sewer utility systems (including observing water and sewer taps and pressure and bacteriological testing of the water mains) and review of the test data. 4. Observe the construction of drainage system improvements (catch basins, pipes, outfalls and detention areas). 5. Attend the general pre-construction meeting with the Owner's contractor. 6. Review shop drawings. 7. Review the Owner's contractors' monthly payment applications. 8. Accompany the Owner and/or his representatives during .the final inspection prior to construction close out and facility start-up. 9. Prepare the certifications for water and sewer service clearances which are required by the Palm Beach County Health Department and the Florida Department of Environmental Protection. 10. We will prepare record drawings showing the was-built" location of onsite road, drainage, water and sewer utility improvements. These record drawings will be prepared in accordance with field information supplied in Section VII. We propose to provide the above described construction observation services on an hourly basis in accordance with the Rate Schedule in Attachment A. Other direct costs will be invoiced on the basis of actual cost times a multiplier of 1.20. Estimated Fee: $3,000.00 Morrison September 7, 1999 Page 3 IV. Closure In addition to the terms and conditions set forth herein, our Agreement shall include, and be subject to the Standard Provisions attached hereto and hereby incorporated herein as Attachment B. In the attached Standard Provisions, the term, "the Client" shall refer to the Village of Tequesta. If you concur in the foregoing and wish to direct us to proceed with the aforementioned work, please execute both copies of this Agreement and return one copy to me. Fees stated in this Agreement are valid for sixty (60) days after the date of agreement by Engineer. It is agreed and understood that if this contract is not completed within 12 months of the date of commencement, it shall be subject to a cost of living increase. This increase shall be in accordance with the Federal Governments C.P.I. as published. Please call me if you have any questions or require additional information. We look forward to working with you on this project. Thank you for your time and consideration. Sincerely, MESSLER 8s ASSOCIATES CONSULTING ENGINEERS Z~~ Timothy J. Hessler, P.E. President TJM/mb Attachments: Attachment A -Current Hourly Rate Schedule Attachment B -Standard Provisions Accepted this ~ Z day of ~ ~~~~ 1999 VILLAGE OF TEQUESTA ATTEST: I~fLLA6~' C'LtI2K -~--! • 0 ' ~ f s o ~°a c1 {~ August 25, 1999 VILLAGE OF TEQUESTA WATER DEPARTMENT Post Office Box 3474. 136 Bridge Road Tequesta, Florida 33469-0474 • (561) 575-6234 Fax:(56t)575-6245. Mr. Timothy J. Messler Messler & Associates Consulting Engineers 11211 Prosperity Farms Road Suite C-301 Palm Beach Gardens, FL 33410 Dear Mr. Messler: RE: Tequesta Plaza; Scope of Services The Village of Tequesta is in the process of redeveloping the Downtown Area. In conjunction with this redevelopment effort, the Village will be creating ;what is known as "The Tequesta Village Center." At this time, I am asking you to provide: a quotation in accordance with the attached Scope of Services to assist us in the design, permitting, and construction administration services for this project. I have provided a conceptual rendering of the project to assist you in preparing your quotation. If you have questions regarding this transmittal or need clarification on any issues, please feel free to contact me at 575-6260. I look forward to receiving your proposal for this project on or before September 13, 1999. Sincerely, • Matthe J. Morrison Utilities Director MJM/mk Attachment c: Thomas G. Bradford, Village Manager Joann Manganiello, Asst. Village Manager/Village Clerk Recycled Paper TEQUESTA PLAZA I. DESIGN SERVICES SCOPE OF SERVICES Prepare construction plans and technical specifications for the access road in accordance with the attached Village of Tequesta conceptual plan for certification. These plans should include the following: 1. Paved surfaces in 2. Drainage system as 3. Water distribution Village Center and 4. Sanitary sewer as Village Center and accordance with Village requirements. required by the Village and S.F.W.M.D. . as required by the Master Plan of Tequesta the Village of Tequesta. required by the Master Plan of Tequesta ENCON. Lump Sum Fee : $7, 500.00 II. PERMITTING SERVICE Prepare the required permit applications for signatures and subsequent transmittal to the respective regulatory agencies. 1. Paving to the Village of Tequesta. 2. Drainage to the Village of Tequesta and S.F.W.M.D. 3. Water Distribution to the Village of Tequesta and the Palm Beach County Health Department. 4. Sanitary Sewer Collection to the ENCON and Palm Beach County Health Department. Lump Sum Fee : $ ~., 500 0 _ III. CONSTRUCTION OBSERVATION During the construction phase of the project, provide the following services: 1. Observe excavating, filling and rough grading operations and coordinate testing with the laboratory. 2. Observe the construction of. on-site paved surfaces, (subbase, base and asphalt/concrete surfaces of the roads, parking areas, and sidewalks. 3. Observe the construction of water and water utility systems (including observing water and sewer taps and pressure and bacteriological testing of the water mains) and review of the test data. 4. Observe the construction of drainage system improvements (catch basins, pipes, outfalls and detention areas). 5. Attend the general pre-construction meeting with the Owner's contractor. 6. Review shop drawings. 7. Review the Owner's contractors' monthly payment application. 8. Accompany the Owner and/or his representatives during the final inspection prior to construction close out and facility start-up. 9. Prepare the certifications for water and sewer service clearar_ces which are required by the Palm Beach County Health Department and the Florida Department of Environmental Protection. l0.Prepare record drawings in hard copy anc DXF format (State Plane Coordinate System NAD 83-90 Adjustment) showing the "as-built" location of on-site road, drainage, water and sewer utility improvements. Propose to provide the above described construction observation services on an hourly basis in accordance with an attached rate schedule. Other direct costs will be invoiced on the basis of actual cost times a multiplier of 1.20. . Estimated Fee : $3.000.00 Total Design, Permitting & Construction Services Total $ 14,000.00 MESSLER & ASSOCIATES ~~.. ~--- '~ Timothy J. Messler, P.E. President ~~~ ~1lesslcr .~ ~Issi~ci~tes I CONSULTING ENGINEERS 11211 Prosperity Farms Rd., Suite C-301, Palm Beach Gardens, Florida 33410 Phone [561) 627-2226 Fax (5611 624-1569 • September 7, 1999 Mr. Matthew J. Morrison Utilities Director Village of Tequesta 136 Bridge Road Tequesta, FL 33469 Re: Addendum No. 1 Village Access Road Tequesta Plaza Dear Matthew: Messler & Associates is pleased to submit this proposal to provide engineering services for the referenced project. We propose to provide the necessary engineering design services for the design of the proposed access road between Tequesta Drive and Bridge Road within the proposed Tequesta Plaza project in accordance with the terms and conditions as stated herein. SCOPE OF SERVICES I. Design Services A. Design of the Tequesta Plaza Access Road Landscape and Irrigation Plan consistent with that as provided for the entire site development activities. The irrigation system improvements are to be a fully automated potable water system that conforms to Village of Tequesta standards. The engineering firm shall attend irrigation and landscape coordination meetings with the Village of Tequesta. Lump Sum Fee: $2,000.00 B. Design of the Tequesta Plaza Access Road Electrical and Lighting Plan consistent with that as provided for the entire site development activities. Lighting and electrical design is to include both temporary and permanent lighting, electrical vaults, fixtures and poles. The engineering firm is responsible for establishing the service, transformer and the main panel/disconnect for the street and landscape lighting and one (1) proposed building. The engineering firm shall coordinate activities with the Florida Power and Light Company, local telephone company and the Village of Tequesta. Lump Sum Fee: $1,500.00 Morrison • September 7, 1999 Page 2 II. Permitting Service We will prepare the required permit applications for the client signatures and subsequent transmittal to the respective regulatory agencies. Lump Sum Fee: A. $200.00 B. $200.00 III. Construction Administration During the construction phase of the project, we will provide the following services: Observe the placement of landscaping. 2. Observe the placement of lighting fixtures. 3. Attend the general pre-construction meeting with the Owner's contractor. 4. Review shop drawings. 5. Review the Owner's contractors' monthly payment applications. 6. Accompany the Owner and/or his representatives during the fmal inspection prior to construction close out. We propose to provide the above described construction observation services on an hourly basis in accordance with the Rate Schedule in Attachment A. Other direct costs will be invoiced on the basis of actual cost times a multiplier of 1.20. Lump Sum Fee: A. $900.00 B. $100.00 IV. Closure In addition to the terms and conditions set forth herein, our Agreement shall include, and be subject to the Standard Provisions attached .hereto. and hereby incorporated herein as Attachment B. In the attached Standazd Provisions, the term, the Client" shall refer to the Village of Tequesta. If you concur in the foregoing and wish to direct us to proceed with the aforementioned work, please execute both copies of this Agreement and return one copy to me. Fees stated in this Agreement aze valid for sixty (60) days after the date of agreement by Engineer. It is agreed and understood that if this contract is not completed within 12 months of the date of commencement, it shall be subject to a cost of living increase. This increase shall be in accordance with the Federal Governments C.P.I. as published. • • • Morrison September 7, 1999 Page 3 Please call me if you have any questions or require additional information. We look forward to working with you on this project. Thank you for your time and consideration. Sincerely, MESSLER & ASSOCIATES CONSULTIN ENGINEERS Timo y J. Messler, P.E. President TJM/mb Attachments: Attachment A -Current Hourly Rate Schedule Attachment B -Standard Provisions ~ "~ D Accepted this day of , 1999 VILLAGE OF TEQUESTA ..... . ..-~.~ BY: V ~ Ll~!'} G t YVl !~N ~ C-~EZ_ ATTEST: 1 VIt-L!~ 6CC= t~Gt r~~ • • Tequesta Plaza Scope of Services -Addendum No. The consultant shall furnish all labor, materials, equipment and supplies necessary and proper for the: 1. Design of the Tequesta Plaza Access Road Landscape and Irrigation Plan consistent with that as provided for the entire site development activities. The irrigation system improvements are to be a fully automated potable water system that conforms to Village of Tequesta standazds. The engineering firm shall attend irrigation and landscape coordination meetings with the Village of Tequesta. Design Services $ 2 , 000.00 Permitting Services $ 200.00 Construction Administration $ 900.00 Subtotal $ ~,~na o0 • 2. Desi n g of the Tequesta Plaza Access Road Eeectncal and Lightmg Plan consistent with that as provided for the entire site development activities. Lighting and electrical design is to include both temporary and permanent lighting, electrical vaults, fixtures and poles. The engineering firm is responsible for establishing the service, transformer and the main paneUdisconnect for the street and landscape lighting and one (1) proposed building. The engineering firm shall coordinate activities with the Florida Power and Light Company, local telephone company and the Village of Tequesta. Design Services $ 1, 500.00 Permitting Services $ 200.00 Construction Administration $ 100.00 Subtotal $ ~ F~on _ o0 GRAND TOTAL $ 4.900.00 • NOTE: The limits of design work are attached as Exhibit A to this Addendum. MESSLER & ASSOCIATES Timothy J. Messler, P.E. ATTACHMENT A MESSLER & ASSOCIATES CONSULTING ENGINEERS • Hourly Billing Rates by Employee Clas sificatio ns: Employee Classification Hourly Billing Rate SENIOR PRINCIPAL $150.00 PER HOUR PRINCIPAL $110.00 PER HOUR SENIOR PROFESSIONAL (P.S.M.) $100.00 PER HOUR ENGINEER IX $125.00 - $150.00 PER HOUR ENGINEER VIII $110.00 - $124.00 PER HOUR ENGINEER VII $ 95.00 - $109.00 PER HOUR ENGINEER VI $ 85.00 - $ 94.00 PER HOUR ENGINEER V $ 75.00 - $ 84.00 PER HOUR ENGINEER IV $ 65.00 - $ 74.00 PER HOUR • ENGINEER III $ .55.00 - $ 64.00 PER HOUR ENGINEER I / II $ . 45.00 - $ 54.00 PER HOUR ENGINEERING TECHNICIAN V $ 75.00 - $ 85.00 PER HOUR ENGINEERING TECHNICIAN IV $ 65.00 - $ 74.00 PER HOUR ENGINEERING TECHNICIAN III $ 55.00 - $ 64.00 PER HOUR ENGINEERING TECHNICIAN II $ 45.00 - $ 54.00 PER HOUR ENGINEERING TECHNICIAN I $ 35.00 - $ 44.00 PER HOUR SURVEY TECHNICIAN IV $ 71.00 - $ 80.00 PER HOUR SURVEY TECHNICIAN III $ 61.00 - $ 70.00 PER HOUR SURVEY TECHNICIAN II $ 51.00 - $ 60.00 PER HOUR • SURVEY TECHNICIAN I $ 40.00 - $ 50.00 PER HOUR CONSTR. FIELD REP. III $ 55.00 - $ 65.00 PER HOUR • • CONSTR. FIELD REP. II CONSTR. FIELD REP. I CADD TECHNICIAN IV CADD TECHNICIAN III CADD TECHNICIAN II CADD TECHNICIAN I TWO MAN SURVEY CREW THREE MAN SURVEY CREW FOUR MAN CREW INSTRUMENT PERSON ROD PERSON PARTY CHIEF WORD PROCESSOR $ 45.00 - $ 54.00 PER HOUR $ 35.00 - $ 44.00 PER HOUR $ 55.00 - $ 65.00 PER HOUR $ 55.00 PER HOUR $ 45.00 PER HOUR $ 35.00 PER HOUR $ 75.00 PER HOUR $ 90.00 PER HOUR $110.00 PER HOUR $ 35.00 PER HOUR $ 25.00 PER HOUR $ 50.00 PER HOUR $ 30.00 PER HOUR COURIER/RUNNER $ 30.00 PER HOUR CADD (COMPUTER DRAFTING EQUIPMENT) $ 21.50 PER HOUR • ATTACHMENT B TIMOTHY J. MESSLER, INC. CONSULTING ENGINEERS STANDARD PROVISIONS (1~ Invoices: Invoices will be submitted by TIMOTHY J. MESSLER, INC., DBA Messier & Associates Consulting Engineers, (hereinafter referred to as the Engineer) to the Client monthly for service performed and expenses incurred during the prior month pursuant to this Agreement. F~zll payment of each such invoice will be due within thirty (30) days of the receipt thereof. A service chazge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency. (2) Failure to Pay: If the Client fails to make any payment due the Engineer for services rendered pursuant to this agreement within sixty (60) days after the date of the Engineers invoice, the Engineer may, after giving seven (7) days written notice to the Client, suspend services under this Agreement until it has been paid in full for all services rendered and expenses incurred. (3) Legal Action: In the event that any invoice, or portion there of, remains unpaid by the Client for more than sixty (60) days following the invoice date, the Engineer may initiate legal action to collect all amounts due and payable, including accursed interest, plus all reasonable attorney's, -fees and other expenses related to to proceeding. Such expenses shall. include, but not be limited to, the cost, determined at the Engineer's current normal hourly billing rate, of the time devoted to such proceedings by its employees. (4) Litigation Expenses: In the event of litigation, including appeal, is initiated against the Engineer by the Client, its Contractors or subcontractors, and such litigation concludes with the entry of a final judgment in favor of the Engineer, the Client shall reimburse the Engineer for all of its reasonable attorney's fees and other expenses related to such litigation. Such expenses shall include, but not be limited to, the cost, determined at the Engineer's current normal hourly billing rates, of the time devoted to such proceedings by its employees. (5j Entire Agreement: This written agreement embodies the complete Scope of Services which aze to be provided the Client by the Engineer, and all negotiations and oral understandings between the parties are contained herein. This agreement can be amended only by a written document executed by both the Client and the Engineer. (6) Termination: Either party shall have the right to terminate this agreement by giving the other party seven (7) days written notice. In the event of termination, the Engineer will be paid for all services rendered through the date of termination, all expenses subject to reimbursement and other expenses (labor and direct) incurred by the Engineer as a result of such termination. • • r ~ ~7) Limitation of Liability: In performing services under this agreement, the Engineer will use that degree of care and skill normally exercised, under similar circumstances, by reputable members of its profession practicing in the same locality. No other warranty, expressed or implied, is made or intended by the Engineer in undertaking and performing the services described herein. The Client will limit all liability, claim for damages, cost of defense, or expenses to be levied against the Engineer on account of any and all design defects, errors, omissions, and professional negligence to the amount actually covered under the Engineer's professional liability insurance. Certificates of insurance will be issued to the Client upon request. If the Client requires increased insurance coverage, the Engineer, if specifically directed by the Client, acquire additional insurance, if available, at the Client's expense. The Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by the Engineer of such limitations for design defects, errors, omissions, or professional negligence, and require, as a condition precedent to his performance of such work, an identical limitation of liability against the Engineer. In the event that the Client fails to obtain an identical limitation of liability as to design defects, errors, omissions or professional negligence, the Client shall indemnify and hold the Engineer harmless for any and all such defects in such a manner and to such extent that the aggregate total liability of the Engineer shall not exceed the actual amount of the Engineer's professional liability insurance coverage. Under no circumstances shall the Engineer be liable in any way. for extra costs or other consequences .due to changed conditions or for costs related to the failure of the contractor or material men to install work in accordance with construction plans and specifications. (8) Photographs: Photographs of any project which embodies the services of the Engineer as provided under this agreement may be made by the Engineer and shall be considered as its property. All such photographs may be used by the Engineer for publication. (9) Venue:. This agreement is to be governed by the laws of the State of Florida. (10) Binding Effect: This agreement shall be binding to the respective parties, hereto, their legal representatives, executor, administrators, successors and assigns. (11) Additional Services: The Scope of Service undertaken by the Engineer under this agreement extends only to those services described herein. If the Engineer agrees to perform services beyond those described herein at the request of the Client, the Engineer shall be compensated by the Client in accordance with the Engineer's normal hourly billing rate structure that is in effect at the time that such additional services are performed. Direct costs incurred in the performance of additional services shall be invoiced on the basis of actual cost times a multiplier of 1.20 • • (12) Lump Sum Fees: Lump sum fees stated in this Agreement are valid for a period of one yeaz after the date of this Agreement. The Engineer reserves the right to renegotiate with the Client the lump sum fee(s) stated herein for any, and all, portions of work under the Agreement which remain uncompleted at the expiration of this one yeaz period. (13) Drawings, Specifications and other Documents: All sketches, drawings, specifications, reports and written communications of technical information provided to the Client shall be considered as the Engineer's instruments of service and as such shall remain the sole property of the Engineer. The Client may not alter, change, or reuse, for any purpose, the Engineers sketches, drawings, specifications, and reports without the express written permission of the Engineer. The Engineer specifically disclaims any and all liability for drawings or specifications which are altered, changed, or reused by any party without the express written permission of the Engineer. Unless otherwise stated in the Scope of Services section of this agreement, the Engineer will provide the Client with a maximum of three (3) copies of each sketch, .drawing, specification, report or written communication which is prepared in the performance of the work described in this Agreement. At the Client's request, the Engineer will provide additional copies to the Client and third parties and the Client will be invoiced for the associated labor plus materials. Labor will be invoiced on the basis of the Engineers normal hourly rates which aze in effect when the work is performed. Materials will be invoiced on the basis of actual cost times a multiplier of 1.20%. • (14) Permit Application Fees: Unless otherwise stated in the Scope of Services section of this Agreement, the Client will make direct payment to the governing- - bodies and regulatory agencies for any and all permit application fees which are required to support the project. In cases where the Engineer agrees to pay permit application fees on behalf of the Client, such fee(s) will be considered a legitimate direct cost and will be invoiced the Client on the basis of actual fee(s) times a multiplier of 1.20%. (15) Beneficiary of Service: The services to be performed by the Engineer under this Agreement aze intended solely for the benefit of the Client. Nothing contained herein shall confer any rights upon or create any duties on the part of the Engineer toward any person or persons not a party to this Agreement including, but not limited to and Contractor, Subcontractor, Supplier, or the Agents, Officers, Employees, Insurers, or sureties of any of them. (16) Means, Methods, Procedures and Safety: The Engineer shall not be responsible for the means, methods, procedures, techniques, sequences of construction, or for safety on the job site. The Engineer shall not be responsible for any work performed by the Owner's Contractor which the Engineer has not visually observed or approved as being completed in substantial compliance with the construction plans and specifications. .] • (1?) Verification of Existing Conditions: The remodeling and/or rehabilitation of an existing building as well as any quantities and/or cost estimate on designs performed by others, requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the building, the Owner agrees that, except for negligence on the part of the Engineer, the Owner will hold harmless, indemnify and defend the Engineer from and against any and all claims arising out of the professional services under this agreement. (18) Construction Review (without design): In cases where the Engineer is to be retained to perform construction review and/or observation services related to construction plans and/or specifications which were prepared by other design consultants, it is agreed that the professional services of the Engineer are limited to a review and observation of the work of the contractor to ascertain that such work substantially conforms to the design intent and the contract document. It is further agreed that the owner will defend, indemnify and hold harmless the Engineer from any claim or suit whatsoever, including all payments, expenses or costs, arising from or alleged to have arisen from an error or omission in the plan, specifications or contract documents. The Engineer agrees to be responsible for his or her employees' own negligent acts, errors or omissions in the performance of their professional services. (19) Design (without construction review): Iri cases where the Engineer is retained to prepare construction plans and specifications but is not retained to - observe the actual construction, it is agreed `that the professional services- of ,the Engineer do not extend to or include the review or site observation of the - contractor's work or performance. It is further agreed that the owner will defend, indemnify and hold harmless the Engineer from any claim or suit whatsoever, including but not limited to all payments, expenses or costs involved, arising from or alleged to have arisen from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. The Engineer agrees to be responsible for his own or his employees' negligent acts, errors or omissions. •