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HomeMy WebLinkAboutRES 00-030 RESOLUTION NO. e BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement with Freese and Nichols, Inc. for engineering services associated with improvements to the water production plant and raw water delivery system. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of - , 2000. - Mayor - AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF TARRANT § This AGREEMENT is entered into by the City of Beaumont,hereinafter called"OWNER", and Freese and Nichols, Inc.,hereinafter called"FNI". In consideration of the AGREEMENTS herein,the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT:OWNER agrees to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees to pay to FNI compensation. The Project is described as follows: Prepare detailed designs,plans,and specifications and construction phase services for the construction of(1) a 5-million gallon clearwell and high service/backwash pump station at the Beaumont Water Treatment Plant, (2)Lawson's Canal Pipeline and Pump Station Improvements,(3)special services for risk management plan public hearing, economic development administration grant assistance, and assistance with compliance for TNRCC citations. II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. . III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this AGREEMENT, in accordance with Attachment CO - Compensation, which is attached hereto and made a part of this AGREEMENT. IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI,and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF,they have executed this AGREEMENT,the day of , 2000. ATTEST: CITY OF BEAUMONT (OWNER) By: ATTEST: FREESE AND NICHOLS, INC. ' (FNI) R�CONPRAM19W CONTMC-MEAUMON r.CLEARWELL WPD EXHIBIT "A" ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. PRELIMINARY PHASE: Upon execution of this AGREEMENT,FNI shall provide professional services in this phase for(1)5.0 MG clearwell and high service/backwash pump station and(2)Lawson's canal pipeline and pump station improvements. 1. Preliminary Design Phase Upon execution of this AGREEMENT, FNI shall: a. Prepare preliminary design documents consisting of final design criteria,preliminary drawings and outline specifications. ' b. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Project Costs. C. Furnish five(5)copies of the above preliminary design documents and present and review them with OWNER. B. DESIGN PHASE: Upon execution of this AGREEMENT,FNI shall provide professional services in this phase for(1)5.0 MG clearwell and high service/backwash pump station and(2)Lawson's canal pipeline and pump station improvements as follows: 1. Prepare plans,specifications,contract documents,designs,and layouts of improvements to be constructed- 2. Advise OWNER of need for and recommend scope of special analysis, hydraulic model studies, underwater exploration and mapping, etc, and the retention of special consultants. The cost of such services shall be paid by OWNER and are not included in the services performed by FNI. 3. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits required by local,state and federal authorities. Preparation of applications and supporting documents for government grants or for planning advances will be provided as Additional Services. 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required 5. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 6. Provide for field surveying for the preparation of designs, drawings, and plans. 7. Provide for geotechnical investigations, and prepare a geotechnical report for designs, drawings, and plans. 8. Prepare revised opinion of probable construction cost. RvcomRnctu99vv com-EtA,crsEAumoxr-ccEARwEu-wpD SC-1 OWNER. 9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. 10. Furnish OWNER three(3)sets of copies of plans,specifications;and bid proposals marked"Preliminary" for approval by OWNER. Upon final approval by OWNER,FM will provide OWNER five(5) sets of copies of "Final" plans. As directed by OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the Project, shall be furnished by FNI and shall be paid for by OWNER at actual cost of reproduction. A set of separate bidding documents will be prepared for each of the following projects: (1) 5.0 MG clearwell and high service/backwash pump station and (2) Lawson's canal pipeline and pump station improvements. 11. Establish date of OWNER's acceptance of design phase prior to proceeding with construction phase for (1)5.0 MG clearwell and high service/backwash pump station and(2)Lawson's canal pipeline and pump station improvements. C. CONSTRUCTION PHASE: Upon completion of the design services and approval of "Final" plans and specifications by OWNER, FNI will proceed with the performance of services in this phase for(1) 5.0 MG clearwell and high service/backwash pump station and (2) Lawson's canal pipeline and pump station improvements as follows: 1. Assist OWNER in securing bids, issuing notice to bidders and notifying construction news publications. The notice to bidders will be furnished to OWNER for publication in the local news media. The cost for publications shall be paid by OWNER. 2. Assist OWNER in the opening,tabulation,and analysis of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by OWNER. 3. Assist OWNER in the preparation of contract documents for construction contracts. 4. Assist OWNER in conducting pre-construction conference(s)with the Contractor(s),review construction schedules prepared by the Contractor(s)pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project. 5. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative)to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Contract Documents. Periodic visits will not be less frequent that monthly during the planned 15-month construction period,not to exceed a total of 18 visits. Visits to the site in excess of 18 visits will be provided as an Additional Service, in accordance with Section 11,Additional Services. 6. In performing the services outlined above, FNI will endeavor to protect OWNER against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to OWNER,however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises,the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person(except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. 7. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase. The Resident Project Representative will act as directed by FM in order FM RX ONTRAM9WCOMMC PBEAUMONr-CLEARWELLWPD SC-2 OWNER to provide more extensive representation at the Project site during the Construction Phase. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be set forth in Attachment A which is to be identified, attached to, and made a part of this AGREEMENT. - Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants,FNI shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article I, C.6. If OWNER determines to provide personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. OWNER agrees that whenever FNI informs him in writing that any such personnel provided by the OWNER are, in his opinion, incompetent,unfaithful or disorderly, such personnel shall be replaced Resident project representation is based on a construction period which shall not exceed 15 months. Services exceeding 15 months will be provided as an Additional Service in accordance with Section H, Additional Services. 8. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by FNI. 9. Consult and advise with OWNER during construction, make recommendations to OWNER regarding materials and workmanship, and prepare change orders with OWNER's approval. 10. Review samples,catalog data,schedules,shop drawings,laboratory,shop and mill tests of material and test equipment and other data pursuant to the General Conditions of the Construction Contract. 11. Arrange for material testing during construction 12. Interpret the plans and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s)and approved by OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. 13. Based on FNI's observations as an experienced and qualified design professional and review of the Application for Payment and supporting documentation submitted by Contractor,determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 14. Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 15. Revise the construction drawings for(1)5.0 MG clearwell and high service/backwash pump station and (2)Lawson's canal pipeline and pump station improvements in accordance with the information furnished FNI R:�CONTRACN99g,CONTRAcr,aEAumoNr.cLEARWELLWPD SC-3 OWNER by construction Contractor(s) reflecting changes in the Project made during construction. Two(2) sets of prints of'Record Drawings" shall be provided by FNI to OWNER. F. SPECIAL SERVICES:The following Special Services will be provided at OWNER's request: 1. Risk Management Plan Public Hearing Assistance-These services consist of attendance at two public hearings, preparation of a "RMP Fact Sheet" and summary discussion at hearing on the off-site consequences analysis (OCA) portion of the plan, and assistance in preparation and submission of the required federal notification of the public meetings. 2. Economic Development Administration(EDA) Grant Assistance Application- Assist the OWNER in obtaining a grant application for EDA funds for the Project. Assist the OWNER in completing the application and administration of the grant, if obtained,through the construction phase of the Project. 3. Texas Natural Conservation Commission(TNRCC)Assistance with Compliance to Cited Alleged Violation for the Water System- Assist the OWNER in responding and if necessary,meeting with the TNRCC to resolve compliance issues and develop corrective action recommendations. ARTICLE H ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Making property,boundary and right-of-way surveys,preparation of easement and deed descriptions,including title search and examination of deed records. B. Investigations involving consideration of operation,maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules,and material audits or inventories required for certification of force account construction performed by OWNER. C. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. D. Providing'shop,mill, field or laboratory inspection of materials and equipment. E. Preparing Operation and Maintenance Manuals or conducting operator training. F. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. G Assisting OWNER in claims disputes with Contractor(s). H. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. I. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services,if any,shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. FNI�aa _ R:,commAm\lggg oNTRAcmEAumoNr-o-EARWELLWPD SC-4 OWNER J. Providing environmental support services including the design and implementation of ecological baseline studies,environmental monitoring,impact assessment and analyses,permitting assistance,and other assistance required to address environmental issues. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: 1. Begin Design Improvements Upon authorization to proceed 2. Submittal of Plans and Specifications to 210 days after notice to proceed for each of the TNRCC for Review: (1)5.0 MG clearwell projects and high service/backwash pump station and (2)Lawson's canal pipeline and pump station improvements 3. Advertise 30 days after notification to advertise from OWNER 4. Construction Phase Services Upon award of construction contract General and Resident Project representation are based on a construction period which shall not exceed 15 months and 40 hours of service per week FNI reserves the right to extend the completion schedule due to OWNER's delays. Additional compensation may be requested by FNI if project is unduly prolonged due to delays beyond the control of FNI. ARTICLE IV RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information,interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the plans and specifications. C. Assist FNI by placing at FM's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. FM R:\CON7RACI\1999womrRAc-mEAumoNr4CLEARWELLWPD SC-5 OWNER E. Examine all studies, reports, sketches, drawings,specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. OWNER shall make or arrange to have made all subsurface investigations,including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. H. Provide such accounting,independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract,and such inspection services as OWNER may require to ascertain that Contractor(s)are complying with any law,rule,regulation,ordinance,code or order applicable to their furnishing and performing the work. I. Attend the pre-bid conference, bid opening,preconstruction conferences,construction progress and other job related meetings and substantial completion inspections and final payment inspections. J. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. K. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article lI of this AGREEMENT or other services as required. L. Bear all costs incident to compliance with the requirements of this Article IV. ARTICLE V DESIGNATED REPRESENTATIVES: OWNER and FNI designate the following representatives: OWNER's Project Representative: Mr. Joe Majdalani, P.E., Manager of Water Utilities; City of Beaumont, 1350 Langham Road, Beaumont, Texas 77707 FNI's Principal in Charge:Michael G Morrison,P.E.;Freese and Nichols,Inc.,4055 International Plaza,Suite 200, Fort Worth,Texas 76109; Telephone(817)735-7350; Fax (817)735-7492; E-mail-mgm @freese.com FNI's Accounting Representative:Jana V.Collier,Freese and Nichols,Inc.,4055 International Plaza,Suite 200,Fort Worth, Texas 76109; Telephone(817)735-7354; Fax(817) 735-7492; E-mail-jvc(@freese.com FNI R.\CON'RACr\1999'CONTRACrZEAU MONr-CLEARWEU-WPD SC-6 OWNER ATTACHMENT CO COMPENSATION A. Basic Services: 1. 5.0 MG concrete clearwell and high service/backwash pump station a. PRELIMINARY DESIGN PHASE-5.0 MG CLEARWELL - Compensation to the Engineer for the work defined in Attachment SC will be the maximum fee not exceed Sixty-Three Thousand Three Hundred Twenty Dollars ($63,320). b. GEOTECHNICAL MATERIAL TESTING AND SURVEYING -5.0 MG CLEARWELL-Compensation to the Engineer for the work defined in attachment SC will be the maximum fee not to exceed Eighty-Seven Thousand Eighty-Two Dollars ($87,082). C. DESIGN PHASE SERVICES - 5.0 MG CLEARWELL - Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed Three Hundred Eighty-Two Thousand Seven Hundred Fifty-One Dollars ($382,751). CL ADVERTISE AND AWARD- 5.0 MG CLEARWELL-Compensation to the Engineer for the work defined in Attachment SC will be the maximum fee not to exceed Forty-Six Thousand Three Hundred Forty-Nine Dollars($46,349). e. CONSTRUCTION PHASE SERVICES -5.0 MG CLEARWELL- Compensation to the Engineer for the work defined in Attachment SC shall be based on the Schedule of Charges with the maximum fee not to exceed Three Hundred Seventy Thousand Six Hundred Twenty-Seven Dollars ($370,627). The maximum fee has been established on the basis of 40 hour of service per week and a construction period not to exceed 15 months. Time in excess of this amount will be paid as a specific fee. 2. Lawson's canal and pump station improvements: a. PRELIMINARY DESIGN PHASE-LAWSON'S IMPROVEMENTS - Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed Fifty-Eight Thousand Five Hundred Eighty-Three Dollars ($58,583). b. GEOTECHNICAL MATERIAL TESTING AND SURVEYING-LAWSON'S RAPROVEMENTS - Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed One Hundred Eight Thousand Seventy- Four Dollars ($108,074). C. DESIGN PHASE SERVICES -LAWSON'S IMPROVEMENTS -Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed Three Hundred Three Thousand One Hundred Eleven Dollars ($303,111). FNI� R.\CO TRACnis99vcoxrxncneEauMOxr-CLEAxwEU.wPD CO-1 OWNER d. ADVERTISE AND AWARD -LAWSON'S IMPROVEMENTS - Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed Thirty-Seven Thousand Three Hundred Sixty Dollars ($37,360). e. CONSTRUCTION PHASE SERVICES -LAWSON'S IMPROVEMENTS - Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed Three Hundred Fifty-Six Thousand Six Hundred Ninety- Three Dollars ($356,693). The maximum fee has been established on the basis of 40 hour of service per week and a construction period not to exceed 15 months. Time in excess of this amount will be paid as a specific fee. B. Special Services: 1. RISK MANAGEMENT PLAN PUBLIC HEARING ASSISTANCE -Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed T`wo Thousand Five Hundred Dollars ($2;500). 2. ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)GRANT ASSISTANCE - Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed Five Thousand Dollars ($5,000). 3. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) COMPLIANCE ASSISTANCE- Compensation to the Engineer for work defined in Attachment SC will be the maximum fee not to exceed Ten Thousand Dollars ($10,000). Payment will be made on the basis of monthly statements submitted by the Engineer and approved by the OWNER. C. Schedule of Charles for Additional Work: Staff Membe r Salary Cost Tunes Multiplier of 2.3 Resident Representative Salary Cost Tunes Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project,plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave,vacation and holiday pay applicable thereto. Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel,transportation and subsistence away from Fort Worth and other miscellaneous expensed directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. FM , R.NCONrRAC M 999\CONMCI\BEAUMONr-CLEARWELLWPD CO-2 OWNER Rates for Inhouse Services Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per connect hour Bond $ 2.00 per plot Interpro $12.50 per connect hour Color $ 3.50 per plot PC Stations $ 8.00 per connect hour Vellum $4.00 per plot VAX Computer $20.00 per connect hour Mylar $10.00 per plot Print Shop Bluelines $0.07 per square foot Offset and Xerox Copies $0.07 per single side copy Offset and Xerox Copies $0.14 per double side copy GBC Binding(Regular Cover) $ 2.00 per book GBC Binding(Emboss. Cover) $4.00 per book Tape Binding(Regular Cover) $ 1.75 per book Tape Binding(Emboss. Cover) $ 3.75 per book FNI R:VCONTRACN999CONTRACraEAUMONr-CL RWELLWPD CO-3 OWNER ATTACHMENT TC 8-20-96 TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the r i t=—o f 8e aume 2 t The term FNI as used herein refers to Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As used herein,Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES:Owner,without invalidating the AGREEMENT,may order changes within the general scope of the WORK required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FM's cost of,or the time required for,the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days'written notice. In the event of termination,FM will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FM or its subcontractors be liable in contract,tort,strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product,loss of use of the equipment or system, loss of anticipated profits or revenue,non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FM by placing at FM's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FM's reliance upon or use of data, design criteria,drawings, specifications or other information furnished by Owner harniless from any and all claims andjudgments,and&H losses,costs and expenses sris�ig fltemfic FM shall disclose to Owner,prior to use thereof,defects or omissions in the data,design criteria,drawings,specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE:FM shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers'Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability(Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS:If,for any reason,at any time during the progress of providing Services,Owner determines that any subcontractor for FM is incompetent or undesirable, Owner will notify FM accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject.to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FM's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FM's independent associates or consultants,and Owner shall indemnify and hold harmless FM and FNI's independent associates and consultants from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FM to further reasonable compensation. FM may reuse all drawings,report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FM will be at FM's sole risk and without liability or legal exposure to Owner,and FM shall indemnify and hold harmless Owner from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. FNI__"