MINIMUM INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES
(ARCHITECTS, ENGINEERS, CONSULTANTS, ETC.)
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of __________, _______, between TERREBONNE
PARISH CONSOLIDATED GOVERNMENT, (OWNER) AND (**insert firm name**).
(Engineer or Consultant).
OWNER intends to construct (**insert project title**) and
identified as Parish Project No. (**insert TPCG project no.**) (hereinafter
called the Project); said improvements to be performed with assistance
from ENGINEER as per the specific job tasks outlined below.
I. Assist OWNER in coordinating the work.
II. Coordinate and/or prepare the engineering reports, geotechnical
investigations, funding applications or agreements, right-of-way documents,
environmental assessments or environmental impact statements.
III. Prepare the plans and specifications fro the construction of (**insert project
description**).
IV. Assist the OWNER in the advertisement for bids, bid evaluation
and contract award.
V. Provide contract administration and project representative during
construction.
The services described above are more fully detailed as follows:
OWNER and ENGINEER in consideration of their mutual covenants herein
agree in respect of the performance of professional engineering services
by ENGINEER and the payment for those services by OWNER as set for the
below.
ENGINEER shall provide professional services for OWNER in the phases
of the Project to which this agreement applies, serve as OWNER's professional
engineering representative for the project as set forth below and shall
give professional engineering consultation and advice to the OWNER during
the performance of services hereunder.
SECTION 7 – GENERAL CONSIDERATION
7.1 Termination or Suspension
The terms of this contract shall be binding upon the parties
hereto until the work has been completed and accepted by
the OWNER and all payments required to be made to the ENGINEER
have been made; but this contract may be terminated under
any or all of the following conditions:
1. By mutual agreement and consent of the parties hereto.
2. By the OWNER as a consequence of the failure of the
ENGINEER to comply with the terms, progress or quality
of work in a satisfactory manner, proper allowance being
made for circumstances beyond the control of the ENGINEER.
3. By either party upon failure of the other party to
fulfill its obligations as set forth in this contract.
4. By the OWNER due to the departure for whatever reason
of any principal member or members of the Engineer's
firm.
5. By satisfactory completion of all services and obligations
described herein.
6. By the OWNER by giving thirty (30) days notice to
the ENGINEER in writing and paying fees due for completed
work.
Upon completion/termination the ENGINEER shall deliver
to the OWNER all plans and records of the work compiled
to the date of termination and the OWNER shall pay in full
for all work accomplished up to the date of termination,
including any retained percentage earned to date.
Should the OWNER desire to suspend the work, but not definitely
terminate the contract, this may be done by thirty (30)
days notice given by the OWNER in writing to that effect,
and the work may be reinstated and resumed in full force
and effective upon receipt from the OWNER of thirty (30)
days notice in writing to that effect. Payment for termination
shall be in accordance with Paragraph 5.3.2.
7.2 Re-use of Documents
All documents including Drawings and Specifications prepared
by ENGINEER pursuant to this Agreement are instruments
of service in respect of the Project. They are not intended
or represented to be suitable for re-use by OWNER or others
on extensions of the Project or on any other project. Any
re-use without written verification or adaptation by ENGINEER
for the specific purpose intended will be at OWNER'S sole
risk and without liability or legal exposure to ENGINEER,
and OWNER shall indemnify and hold harmless ENGINEER from
all claims, damages, losses and expenses including attorney's
fees arising out of or resulting there from.
7.3 Controlling Law
This agreement is to be governed by the principal place
of business of OWNER, and it is agreed that all litigation
concerning this contract shall be in Terrebonne Parish,
Louisiana.
7.4 Successors and Assigns
7.4.1 OWNER and ENGINEER each binds himself and his partners,
successors, executors, administrators, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, executors, administrators,
assigns and legal representatives of such other party,
in respect to all covenants, agreements and obligations
of this Agreement.
7.4.2 Neither OWNER or ENGINEER shall assign, sublet or
transfer any rights under or interest in (including, but
without limitation, monies that may become due or monies
that are due) this Agreement without the written consent
of the other, except as stated in Paragraph 7.4.1, and
except to the extent that the effect of this limitation
may be restricted by law. Unless specifically stated to
the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from
any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from
employing such independent consultants, associates and
subcontractors, as he may deem appropriate to assist him
in the performance of services hereunder, at his own expense.
7.4.3 Nothing herein shall be construed to give away any
rights or benefits hereunder to anyone other than OWNER
and ENGINEER.
7.5 Public Liability
The ENGINEER agrees to defend, indemnify, save and hold
harmless OWNER from and against any and all claims, demands
expense and liability arising out of injury or death to
any person or the damage, loss or destruction of any property
which may occur or in any way grow out of any negligent
act, error or omission of the ENGINEER, its agents, servants
and employees, and any and all costs, expense and/or attorney
fees incurred by OWNER as a result of any such claim, demands,
and/or causes of action except those claims, demands, and/or
causes of action arising out of the negligence of OWNER.
7.6 Claim for Liens
The ENGINEER shall hold the OWNER harmless from any and
all claims for liens of labor, services or material furnished
to the ENGINEER in connection with the performance of its
obligations under this contract.
7.7 Professional Liability Insurance
The Engineer shall maintain professional liability coverage
during the term of this agreement. The limits of this coverage
shall be a minimum of $500,000.00 combined single limit.
This requirement shall extend to all professional subcontractors
employed by the prime consultant engineer or surveyor.
ENGINEER shall provide certification of such insurance
and a copy of the policy upon request.
7.8 General Liability Insurance
The ENGINEER shall maintain general liability coverage
during the terms of this agreement. The limit of this coverage
shall be a minimum of $500,000.00 combined single limit
per occurrence for bodily injury, personal injury, and
property damage; naming the Terrebonne Parish Consolidated
Government as an additional insured. ENGINEER shall provide
certification of such insurance and a copy of the policy
upon request.
7.9.1 Workmen's Compensation Insurance
The ENGINEER shall maintain workmen's compensation coverage
during the term of this agreement. The limits of this coverage
shall be the Louisiana statutory minimum requirements and
a waiver of subrogation shall be provided. Exception: Employers
Liability limit is $1,000,000 when work is to be over water
and involves maritime exposure. ENGINEER shall provide
certification of such insurance and a copy of the policy
upon request. Terrebonne Parish Consolidated Government
and the engineer mutually agree that it is their intention
to recognize the Terrebonne Parish Consolidated Government
as the statutory employer of the engineer's employees (whether
direct employees or statutory employees of the ENGINEER)
when any of the engineer's employees are doing work under
this contract.
7.10 Auto Liability Insurance
The ENGINEER shall maintain automobile liability coverage
during the term of this agreement. The limits of this coverage
shall be a minimum $250,000.00, combined single limit per
accident for owned, non-owned and hired vehicles. ENGINEER
shall provide certification of such insurance and a copy
of the policy upon request.
7.11 Deductibles and Self-Insured Retentions
ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS MUST BE DECLARED
TO, AND APPROVED BY THE OWNER. Prior to entering into this
agreement, and at the option of OWNER, either,
The OWNER shall accept and approve the deductible or self-insured
retention.
The insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects OWNER.
The ENGINEER shall procure a bond guaranteeing payment
for losses and related investigations, claim administration
and defense expenses.
7.12 Other Insurance Provisions
The policies are to contain, or be endorsed to contain,
the following provisions:
1. General Liability and Automobile Liability Coverage
a. OWNER is to be added as "additional insured" as
respects liability arising out of activities performed
by or on behalf of the ENGINEER; products and completed
operations of the ENGINEER; premises owned, occupied
or used by the ENGINEER. The coverage shall contain
no special limitations on the scope of protection afforded
to OWNER. It is understood that the business auto policy
under "Who is an insured" automatically provides
liability coverage in favor of OWNER.
b. Any failure to comply with reporting provisions
of the policy shall not affect coverage provided to
OWNER.
c. The ENGINEER'S insurance shall apply separately
to each insured against whom claim is made or suit
is brought, except with respect to the limits of the
insurer's liability.
2. Workers' Compensation and Employer's Liability Coverage
The insurer shall agree to waive all rights
of subrogation against OWNER, for losses
arising from work performed by the ENGINEER'S for
OWNER.
3. All Coverage's
Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be suspended,
voided, canceled thirty (30) days prior written notice
by certified mail, return receipt requested, has been
given to OWNER.
7.13 Acceptability of Insurers
Insurance is to be placed with insurers with an A.M. BEST'S
RATING OF NO LESS THAN A: VI. This requirement will be
waived for workers' compensation coverage only for those
ENGINEERS whose workers' compensation coverage is placed
with companies who participate in the State of Louisiana
Worker's Assigned Risk Pool or Louisiana Worker's Compensation
Corporation.
7.14 Verification of Coverage
ENGINEER shall furnish OWNER with certificates of insurance
effecting coverage required. The certificates for each
insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. THE CERTIFICATES
ARE TO BE RECEIVED AND APPROVED BY OWNER BEFORE WORK COMMENCES.
OWNER reserves the right to require complete, certified
copies of all required insurance policies, at any time.
7.15 Subcontractors
ENGINEER shall include all subcontractors as insured's under
its policies or shall furnish separate certificates for each
subcontractor. All coverage for subcontractors shall be subject
to all of the requirements stated herein.
INDEMNIFICATION AGREEMENT
EXHIBIT A
The ARCHITECT agrees to defend, indemnify, save and hold
harmless the OWNER from and against any and all claims, demands,
expense and liability arising out of injury or death to any
person or the damage, loss or destruction of any property
which may occur or in any way grow out of any negligent act,
error or omission of the ARCHITECT, its agents, servants
and employees, and any and all costs, expense and/or attorney
fees incurred by the OWNER as a result of any such claim,
demands, and/or causes of action except those claims, demands,
and/or causes of action arising out of the negligence or
the OWNER.
ACCEPTED BY_______________________
Company
_______________________
Signature
_______________________
Title
DATED ACCEPTED__________________
Is Certificate of Insurance Attached? ____________ yes ___________
no
Contract No. ______________________ for ____________________________
Parish President
Purpose of Contract: _______________________________________________
_______________________________________________________________
_______________________________________________________________
INDEMNIFICATION AGREEMENT
EXHIBIT A
The ENGINEER agrees to defend, indemnify, save and hold
harmless the OWNER form and against any and all claims, demands
expense and liability arising out of injury or death to any
person or the damage, loss or destruction of any property
which may occur or in any way grow out of any negligent act,
error or omission of the ENGINEER, its agents, servants and
employees, and any and all costs expense and/or attorney
fees incurred by the OWNER as a result of any such claim,
demands, and/or causes of action except those claims, demands,
and/or causes of action arising out of the negligence of
the OWNER.
Accepted by ___________________ Company
___________________
Signature
___________________
Title
Dated Accepted ___________________
Is Certificate of Insurance Attached? ______________ Yes
________________No
Contract No.____________________ for ______________________________
Parish Department
Purpose of Contract: _______________________________________________
_______________________________________________________________
_______________________________________________________________
INDEMNIFICATION AGREEMENT
EXHIBIT H-1
The ENGINEER agrees to defend, indemnify, save and hold
harmless OWNER from and against any and all claims, demands
expense and liability arising out of injury or death to any
person or the damage, loss or destruction of any property
which may occur or in any way grow out of any negligent act,
error or omission of the ENGINEER, its agents, servants and
employees, and any and all costs, expense and/or attorney
fees incurred by OWNER as a result of any such claim, demands,
and/or causes of action except those claims, demands, and/or
causes of action arising out of the negligence of OWNER.
Accepted by__________________________
Company
__________________________
Signature
__________________________
Title
Date Accepted________________________
Is Certificate of Insurance Attached?_________________ Yes
___________No
Contract No._______________________ for ______________________________
Parish President
Purpose of Contract: ____________________________________________
_____________________________________________________________
_____________________________________________________________
