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.. .. . ,-....-....rw.wu .?.Wwts.......?. ..... .. J .._.. ., ... . . ? ?" ? . . .. . .. ...... ...,....»?u..xwn ?w?w.N?!w.?awa¢.v ?a ...rn... ._ . r . ? s{b§?.s sM°abe. - STAND? AGREEMENT FOR PROFESSIONAL .'..?;VICES ' Water/Wastewater Design and Construction Phase Assignments This is an Agreement made on 1993 between City of North Olmsted, Ohio [Clieat], a 5 corporation chartered under the laws of the State of Ohio, having its principal place of business at 6200 Dover Center Road, North Olmsted, Ohio 44070 and Malcolm Pirnie, Inc. [Malrnlm Pirnie], a professional engineering firm having its principal place of business at 2 Corporate Park Drive, White Plains, New York 10602, having an office at 6060 Rockside Woods Boulevard, Independence, Ohio 44131. Client engages Malcolm Pimie to provide professional engineering services for the Wastewater Treatment Plant (WWTP) Improvements [Project], which will be referred to as 1993-1994 WWTP Improvements. The location of the Project is 23775 Mastick Road [5ite], North Olmsted, Ohio 44070 [State]. The Project will have the following characteristics: Two design packages and two construction contracts for increasing the final clarifier capacity of the WWTP; mod'if'ications to the existing odor control facilities; installation of new aeration blowers, discharge and air main piping; and installation and removal of temporary WWTP operational improvements. Partial funding will be provided by State Issue 2 Funds. In consideration of the mutual promises herein, Client and Malcolm Pimie agree that the terms and conditions of this Agreement are the following: SECTION 1 - BASIC SERVICES 1.1 Scope. Malcolm Pimie shall provide the Basic Services described in Schedule A. Malcolm Pirnie's obligations under this Agreement are solely for the benefit of Client and no other party is intended to benefit or have rights hereunder. 1.2 Standard of Care. Malcolm Pimie shall perform the professional engineering services under this Agreement at the level customary for wmpetent and prudent engineers performing such services at the time and place where the services are provided [Standard of Care]. These services will be provided by licensed engineers and other profession- als and individuals skilled in other technical disciplines, as appropriate. 13 Instruments of Service. Malcolm Pimie is responsible for the professional quality, technical accuracy, timely completion, and the coordination of all instruments of its services including designs, drawings, specifications, reports [Service Instruments] and other services provided under this Agreement. 1.4 Applicable Codes. The Service Instruments will con- form to the generally accepted codes and regulations applicable to the Project at the time of performance. 1.5 Indemnification. Malcolm Pimie agrees to indemnify and hold the Client harmless from all losses and damages resulting from Malcolm Pirnie's failure to meet the Staa- dard of Care. 1.6 Contract Documents. The Service Instruments shall incorporate Malcolm Pirnie's standard construction docu- ments [Contract Docaments]. In any event, Malcolm Pimie shall be an additional insured on all liability and property NODffi.C/djl 1903003 __.?.,_,m.?..??.,,.«,??,.,_?..?........ .., ...... 4,...._,..._.