HomeMy WebLinkAboutResolution 1998-026
RESOLUTION NO, 98-26
Be it resolved by the City Council of the City of North Richland Hills, Texas, that:
1,
The Council approves the attached contract for engineering services with Di
Sciullo & Terry, Inc. for design of the Mackey Creek Diversion Channel at Richland
Plaza in an amount not to exceed $123,900 and hereby authorizes the City Manager to
execute the agreement on behalf of the City of North Richland Hills.
Passed and approved this the 8th day of June, 1998.
APPROVED:
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Charles Scoma"Mayor
ATTEST:
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Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
APPROVfD AS ~O FORM AND ~EGALlTY:
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Rex McEntire, Attorney for th-e City'
01 SCIULLO & TERRY, INC. CONSULTING ENGINEERS
·¡01·A WEST ABRAM· iYJX 50" . AP,LI~JGT()N TEX,\S ìliOO·! . TEI.EPHONE-: 1117,?75',J')1
May 28, 1998
Greg Dickens. P.E.
Director, Public Works Department
City of North Richland Hills
P.O. Box 820609
North Richland Hills. Texas 76182-0609
Re: Drainage Improvements
Mackey Creek Diversion Channel
Dear Mr. Dickens:
Di Sciullo & Terry, Inc. is pleased to present this contract to provide engineering services
for design of the Flood Diversion Channel for Mackey Creek. Attached are the General
Terms and Conditions and Statement of Work with schedule and budget.
The anticipated completion date for the final construction plans is November 28, 1998.
This schedule is based on receiving notice to proceed by June 1, 1998. Construction is
projected to be substantially complete May 1, 1999. Final completion of this project will
be based on FEMA approval of the LOMR, which has been projected to be about August
15,1999.
Per the attached Exhibit A, Statement of Work, we have included field surveying for the
design phase and to verify as~built conditions, Letter of Map Revision (LOMR) for
modification of the regulatory flood plain and floodway per Federal Emergency
Management Agency (FEMA) requirements, preparation of Pre Construction Notification
(PCN) package for a Corps of Engineers Nationwide 404 Permit for the outfall structure at
Big Fossil Creek. and a geotechnical study of the area to be excavated and an analysis of
slope stability. We have also included in our budget that we wiII pay FEMA up to $3,700
of review fees for the LOMR.
P:'NRII,DRN\Dickm ,I,d"c
REGlsn=PED f"f10FESSIO~JAL ENCINEEP~i
REGISTEFìED PUDLlC SUFìVEYCP
Greg Dickens, P.E.
May 28, 1998
Page 2
Thank you for this opportunity to work with the City of North Richland Hills. Please call
me if YOll have any questions.
Sincerely,
01 SCn~LIf5 & TERR,Y, INC.
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JetTre'yN. Terry, P.E.
President
Attachments:
1. General Terms and Conditions for Engineering
2. General Terms and Conditions for Surveying
The above proposal, including all attachments, has been read and understood and is
hereby agreed to and accepted. It is agreed that the attached "General Terms and
Conditions" (which contains a limitation of liability provision), and Addendum(s), if
any, form an express part of the Contract, as evidenced by my signature below:
CITY OF NORTH RICHLAND HILLS
Rj Date June 8 , 1998
Name Title City Manager
(please print)
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EXHIBIT A
STATEMENT OF WORK
DRAINAGE IMPROVEMENTS
MACKEY CREEK DIVERSION CHANNEL
City of North Richland Hills
May 28, 1998
STATEMENT OF WORK
In response to City of North Richland Hills (City) request, this statement of work
addresses the tasks necessary to complete drainage improvement design for diverting the
unconfÌned Mackey Creek 100 year flood plain from the Richland Shopping Center
buildings, between the east end of Richland Plaza Drive and Broadway, through a culvert
and channel system, to Big Fossil Creek. This project has been subdivided into the
following major tasks.
Basic Services
· Task 1 - Conduct flood plain analysis and prepare construction plans,
specifications, and contract documents to complete the drainage
improvements.
Special Services
· Task 2 - Prepare documents and attend meetings to apply for a Corps of
Engineer 404 Nationwide Permit for the channel project.
· Task 3 - Conduct hydraulic analysis (i.e., HEC-2 computer runs), forms and
certificates as required for Letter of Map Revision (LOMR) application to
revise the Mackey Creek flood plain at the Federal Emergency Management
Agency.
· Task 4 - Perform field surveying for design data, construction staking of
improvements. and as-built elevations necessary for LOMR application.
· Task 5 - A subconsultant will conduct a geotechnical engineering study under
the guidance of Di -Sciullo & Terry, Inc. The study will address the stability of
the slopes required in the vegetated channel, provide data necessary for design
of stable channel outfall structure at Big Fossil Creek, and provide subsurface
information necessary for channel design.
BASIC SERVICES
Task 1 - Drainage Improvements
This task includes the necessary City file review, reduction of fÌeld survey data, site
observation, coordination with utility companies, and civil engineering necessary to
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Page I of8
prepare complete plans, specifications, and contract documents for the construction of the
drainage improvements. A detailed hydrologic and hydraulic analysis of the drainage
improvements will be conducted. The hydrologic analysis will be conducted for ultimate
watershed development and consider the ultimate upstream drainage improvements. The
hydraulic impacts of the improvements on existing and future drainage will be evaluated.
The plans will be submitted at 20 percent complete, (conceptual plans); 75 percent
complete, (preliminary plans); 95 percent complete, (tinal review plans); and 100 percent
complete, (final plans).
Conceptual Plans: These plans will be approximately 20 percent complete and present a
conceptual layout of the proposed project. These plans will include the following
information.
· Proposed horizontal alignment of the channel and culverts with approximate curve
data, drop structure. and culvert locations
· Edge of existing pavement, existing structures, and approximate existing and
proposed ROWs in the construction area
· Approximate location of trees with diameters of 6 inches or greater, or the edge of
tree line
· Preliminary hydrologic study showing ultimate discharges
· Approximate dimensions of ROWand easements
These plans may include hand drawings and will be presented on 24 inch by 36 inch
sheets. One set of these plans will be submitted for City review and the plans will be
stamped "for review only" by a Professional Engineer.
Preliminarv Construction Plans: These plans will be approximately 75 percent complete
and present a preliminary lay,out of the proposed project. These plans will include the
following information.
· City's comments from review of Conceptual Plans
· Edge of existing pavement, existing structures, existing and proposed ROWs, and
proposed drainage plan and profiles
· Location. size. and species of trees with diameters of 6 inches and greater within the
construction area and associated easements and such trees to be removed will be
identified
· Overall drainage areas, subareas, existing and proposed drainage íàcilities, ultimate
discharge hydrologic calculations, hydraulic runs of ultimate and FEMA discharges
for Mackey Creek. and preliminary drainage facility sizing calculations
P \NRH- )R~\NRl-!SCO -[ dOL
Page 2 of8
· Preliminary quantity and construction cost projections
· An outline of the technical specifications and contract documents
The plans and protiles will have a horizontal scale of either 1 inch to 20 feet or 1 inch to
40 feet and a vertical scale of 1 inch to 4 feet on 24 inch by 36 inch sheets. Two sets of
these plans will be submitted for City review and the plans will be stamped "for review
only" by a Professional Engineer.
Final Review Plans: These plans, specifications, and contract documents will be
approximately 95 percent complete and present the Enal design of the proposed project.
These plans will be complete for final review and will incorporate the City's comments
from the review of the Preliminary Construction Plans. The plans and protiles will have a
horizontal scale of I inch to 20 feet and a vertical scale of 1 inch to 4 feet on 24 inch by
36 inch sheets. Two sets of the plans, specifications, and contract documents will be
submitted for City review and the plans will be stamped for review only by a Professional
Engineer. The Mackey Creek ultimate hydrology and existing and proposed hydraulic
analyses will be presented in a draft flood study report"for City review.
Final Plans: These plans, specifications, and contract documents will be lOO percent
complete and present the final design of the proposed project after review and approval
by the City. The plans and protiles will have a horizontal scale of 1 inch to 20 feet and a
vertical scale of I inch to 4 feet on 24 inch by 36 inch sheets. Twenty-five hard copy sets
of these plans, specifications, and contract documents will be submitted to the City. The
plans and associated documents will be sealed by a Professional Engineer. The final flood
study report (2 copies) for the Mackey Creek ultimate hydrology and existing and
proposed hydraulic analyses will be provided to the City.
Water and Sewer Adjustments: Plans, specifications, and contract documents will be
prepared for adjustments of water and sewer appurtenances associated with the drainage
improvements and will be included with drainage plans. These plans will include
adjustments to the water and sewer lines at conflicts with the storm drains and channel.
These plans will not include renewal of the existing water and sewer lines. The plans for
the water and sewer adjustments will be included on the drainage plan sheets if possible.
Bid Process: This subtask includes prebid meetings, issuing addendum's as needed,
reviewing bids, and issuing a letter with a bid tabulation list that identifies the contractor
with the low bid that meets the requirements set forth in the Contract Documents and a
recommendation. The City will be responsible for decisions regarding any legal aspects
of the bids. The City will be responsible for publishing the notice to bidders.
Construction Phase: A pre-construction meeting will be held with the contractor and the
City. Di Sciullo & Terry, rnc, will issue change orders and review the contractor's
schedule and shop drawings. Site visits will be conducted about every 4 weeks for the
engineer or his representative to observe the progress of the construction. A final
observation of the construction will be conducted with the City and a letter will be
P\~Rfl-DRN\NRIIS({)··! doc
Page 3 of 8
submitted with recommendations concerning project status, as it may atlect the City's
final payment to the contractor. It is assumed that the construction will take no longer
than 6 months.
SPECIAL SERVICES
Task 2 - COE 404 Nationwide Permit
A pre construction notification (PCN) will be made to the Corps of Engineers (Corps),
Fort Worth District, to pennit this channel construction under Section 404 of the Clean
Water Act with a Nationwide Pennit 7 (NWP 7) for outfall structures. To facilitate the
timely consideration of the PCN, Di Sciullo & Terry, Inc. will present to the Corps,
photographic evidence of the existing condition of the construction site along with the
PCN. The PCN will be presented to the Corps early in the design phase to minimize the
possibility of project delays due to Corps review. This task does not include wetland
determination. preparation of mitigation plans, nor archeological surveys. Those services
can be provided, if required. for an additional fee. Minor changes in the construction
plans will be made by Di Sciullo & Terry. Inc. based on the Corps' comments.
Task 3 - Letter of Map Revision
Di Sciullo & Terry, Inc. will prepare an application for a Letter of Map Revision
(LOMR) as required by the Federal Emergency Management Agency (FEMA), Flood
Insurance Administration, for amending the current Flood Insurance Rate Map for
Mackey Creek below Richland Plaza Drive. We will perfonn the hydraulic calculations,
exhibits. and surveying (see Task 4) required for submittal with the application. The
required information will be submitted in a bound report with the required FEMA
certification and analysis summary forms with 3 1'2 inch f10ppy diskettes containing
digital copies of the input and output files of the hydrologic and hydraulic analyses. Di
Sciullo & Terry. Inc. will pay FEMA a review fee of up to $3,700. If revisions or
clarifications are necessary to' obtain approval by FEMA, we will work with FEMA and
respond appropriately. Di Sciullo & Terry, Inc. will provide copies of the report to FEMA
(1 copy to Region 6); FEMA's contractor, Baker Engineering (I copy), and:2 copies to
the City,
Task 4 - Surveying
Di Sciullo & Terry, Inc. will conduct surveying for project design and as-built
information. This task will include the use of a survey party to obtain the location and
elevation of all above ground objects within 50 feet either side of the centerline of
construction. These objects include curbs, poles, walks, walls, buildings, trees (6"+),
manholes, geotechnical borings, and any other visible object that will etlect or be etlected
by the construction. Property comers will be located for use in establishing existing
right-of-way limits. After the project is constructed, this task includes the surveying
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necessary to determine the as-built elevations of the project for submittal with the
LOMR.
Construction staking will be provided by the construction contractor using benchmarks as
specitied on the plans. The Notice to Bidders and Contract Documents will specify that
the construction contractor is to provide the surveying for construction.
Task 5 - Geotechnical Study
A geotechnical engineering study will be conducted by a subconsultant under the
guidance of Di Sciullo & Terry, Inc. It is anticipated that about 8 borings along the
channel alignment are needed for the project. The study will address slope stability and
soil characterization. Di Sciullo & Terry, Inc. will use information from the study for
design of channel side slopes, analysis of subsurface water concerns, design for alignment
and depth of channel, design of drop structures, and design of the outfall structure at Big
Fossil Creek.
SCHEDULE
The anticipated schedule with subtask completion dates is attached. The anticipated
completion date for the final construction plans is November 28, 1998. This schedule is
based on the assumption that City reviews will be completed in 1 week and receiving
notice to proceed by June 1, 1998. Construction is projected to be substantially complete
May 1, 1999. Final complete of this project will be based on FEMA approval of the
LOMR, which has been projected to be about August 15, 1999. This proposal is valid for
60 days from the date of the proposal.
BUDGET AND COMPENSATION
A detailed budget with hourly labor estimates by task is presented in the attached
Professional Service Fee Schedule, see page 8 of 8. The schedule also contains the billing
rates by labor category. The expenses and consultant (geotechnical engineering) tèes will
be billed on a cost plus 10 percent basis. The Anticipated Project Schedule on page 7
presents the expected date of completion and percent of the budget for each task.
Di Sciullo & Terry, Inc. is authorized to perform the Basic Services and Special Services
as presented in Exhibit A, Statement of Work, for an amount not to exceed $123,900.
Payment to Di Sciullo & Terry, Inc. for services rendered will be made monthly based
upon the a monthly progress report and an itemized statement of employees, time
worked, description of tasks performed, and billing rate to be paid. Monthly statements
will include authorized non-salaried expenses with supporting itemized invoices and shall
P\~RI!-DR\i\r\RHS("O- ¡ dnc
Page 5 of8
be submitted to the City on or about the fifteenth day of each month or on another
schedule acceptable to the City.
Compensation for the services of Di Sciullo & Terry, Inc. shall be at the hourly billing
rate shown in Exhibit A on page 8 of 8.
INFORMATION CITY WILL PROVIDE
The City "vill provide the following information at no cost to Di Sciullo & Terry, Inc.
· Digitized copy of City logo for use on cover sheet to be developed by Di Sciullo &
Terry, Inc.
· Copy of standard details the City has will be provided on 3 12 inch diskettes 10
AutoCAD 12 format
· Standard cover sheet and standard paving, drainage, water, and sewer detail sheets in
full size sheets or on diskette if available in AutoCAD 12 format
· The City will permit Di Sciullo & Terry, Inc. to review the existing files for plans and
infonnation on existing paving. drainage, t100d plain, and utilities and will provide
copies of pertinent infonnation at no cost
· The City will provide digital data on diskettes of their pertinent GIS data layers of
Mackey Creek watershed for use in preparing hydrologic data
ADDITIONAL SERVICES
We have developed the prec.eding Basic Services and Special Services based on our
understanding of the project. The following is a list of additional services not included
above for the City' s current and future consideration.
· Preparation of permit applications or submittals to state or federal agencies.
except as specitìcally identitìed in the Basic Services, including wetland
permit/mitigation plan applications. or NPDES pennit
· Archeological/historical surveys or wetland delineation studies
· Construction plans for retaining walls, sheetpiling, or cofTerdams
· Trench safety plans for construction of utilities or storm drainage
· Trat1ìc control plans
r\NRfl·()RN\NRJIS('O·I.do(
Page 6 of8
ANTICIPATED PROJECT SCHEDULE
Task 1- Paving & Drainage Improvements
Conceptual Plans (20 percent complete)
Preliminary Plans (75 percent complete)
Final Review Plans & Specs (95 percent complete)
Final Plans (l00 percent complete)
Task 2 - Nationwide 404 Permit
Submit PCN to Corps
Approval by Corps
Task 3- LOMR
Submit LOMR to FEMA
FEMA Approval
Task 4 - Surveving
DesignlT opographic
As-Built
Task 5 - Geotechnical Study
ITEM
Notice to Proceed
Design Phase
Construction Phase
Advertisement for Bids
Prebid Meeting
Bid Date
A ward Contract
Construction Substantially Complete
P\NRH-DRN\NRHSCO I Joc
May 28, 1998
07/27/98
09/21/98
10/28/98
11/28/98
06/21/98
07/21/98
06/01/99
08/15/99
1 % 1/98
06/01/99
08/20/98
12/01/98
12/15/98
12/21/98
01/11/99
05/01/99
ANTICIPATED
COMPLETION DATE
06/08/98
11/28/98
(Invoice up to 18%)
(Invoice up to 68%)
(Invoice up to 86%)
(Invoice up to 90%)
(Invoice up to 70%)
(Invoice up to 100%)
(Invoice up to 75%)
(Invoice up to 100%)
(Invoice up to 70%)
(Invoice up to 100%)
(Invoice up to 100%)
05/01/99
(Invoice up to 93%)
(Invoice up to 100%)
Page 7 of 8
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GENERAL TERMS AND CONDITIONS
FOR ENGINEERING
May 28, 1998
SCOPE OF SERVICES. The Client and or SCIULLO & TERRY, INC. (Engineer) have agreed to a
list of Basic and Special Services the Engineer will provide to the Client. Services provided by the
Engineer under this Agreement will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing under similar circumstances.
If mutually agreed to in writing by the Client and the Engineer. the Additional Services shall be provided
by the Engineer, These Additional Services are not included as part of Basic Services and shall be paid
for by the Client in addition to payment for Basic Services, in accordance with the Schedule Of Fees.
INDEMNIFICATION. The Engineer will and hereby does agree to indemnify and hold harmless the
Client from any and all damages, loss or liability of any kind whatsoever, by reason of injury to third
persons occasioned by any negligent act, error or omission of the Engineer, its agents or employees in
rendering or failing to render professional services with regard to the perfonnance of this agreement.
The Client will and hereby does agree to indemnify and hold harmless the Engineer from any and all
damages, loss or liability of any kind whatsoever. by reason of injury to third persons occasioned by any
negligent act, error or omission of the Client, its agents, employees or other person from whom the Client
is legally liable, in rendering or failing to render professional services with regard to the performance of
this agreement.
COMPENSATION. Invoices will be submitted monthly and shall be due and payable on receipt. All
payments will be made in U,S. dollars or a check drawn on a U.S. banl<.
TIMELINESS OF PERFORMAt1\¡CE. The Engineer will perfom1 his or her services with due and
reasonable diligence consistent with sound professional practices.
THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the Client or the Engineer.
The Engineer's services under this Agreement are being performed solely for the Client's benefit, and no
other entity shall have any claim against the Engineer because of this Agreement or the perfom1ance or
nonperformance of services hereunder.
SEVERABILITY AND SURVIVAL. Any provision of this Agreement later held to be unenforceable
for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect.
ARBITRA TION. In the event the parties to this Agreement are unable to reach a settlement of any
dispute arising out of the services under this Agreement, then such disputes shall be settled by binding
arbitration by an arbitrator to be mutually agreed upon by the parties.
TERMINATION. Either party may terminate this Contract upon giving written notice to the other party
at least thirty (30) days prior to the date of termination. In the event of termination, the Engineer shall
deliver to the Client copies of all finished or untinished documents, data, studies, surveys, drawings,
\ \ N'rSFK VER\PR()J[( :T\NRH · )RN\CìTr-:RMS.do(.:
Page 1 of 4
maps, models, reports, photographs, etc. prepared by the Engineer under this Contract. The Engineer
shall be entitled to receive just and equitable compensation for any work satisfactorily perforn1ed in
accordance with the provisions of this agreement prior to termination.
RIGHT OF ENTRY. The Client shall provide for the Engineer's right to enter the property owned by
the Client and/or others in order for the Engineer to fulfill the Scope of Services included hereunder. The
Client understands that use of testing or other equipment may unavoidably cause some damage, the
correction of which is not part the responsibility of the Engineer. The Engineer's subcontractors will be
responsible for any restoration necessary caused by their equipment. The Client agrees, to the fullest
extent permitted by law, to indemnify and hold the engineer and his or her subconsultants harmless from
any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss
arising or allegedly arising from procedures associated with testing or investigative activities or discovery
of hazardous materials or suspected hazardous materials on said property.
OWNERSHIP OF INSTRUMENTS OF SERVICE. All instruments of service, including reports,
original drawings, estimates, field notes and data, and all documents on electronic media prepared by the
Engineer are and shall remain the property of the Engineer. A reproducible copy of all reports, original
drawings, plans, estimates, field notes and data shall be provided to the Client in digital format on a CD-
ROM.
INFORMA nON PROVIDED BY OTHERS. The Engineer shall indicate to the Client the information
needed for rendering of services hereunder. The Client shall provide to the Engineer such infornlation as
is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to
rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the
Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is
impossible to verify, or because of errors or omissions which may have occurred in assembling the
information the Client is providing. Accordingly. the Client agrees, to the fullest extent permitted by law,
to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability
or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly
arising from errors, omissions or inaccuracies in documents or other information provided by the Client to
the Engineer.
HAZARDOUS MATERIALS. It is acknowledged by both parties that the Engineer's Scope of Services
does not include any services related to asbestos or hazardous or toxic materials. In the event the
Engineer or any other party encount~rs asbestos or hazardous or toxic materials at the jobsite, or should it
become known in any way that such materials may be present at the jobsite or any adjacent areas that may
affect the perforn1ance of the Engineer's services, the Engineer may, at his or her option and without
liability for consequential or any other damages, suspend performance of services on the project until the
Client retains appropriate specialist consultants or contractors to identify, abate and/or remove the
asbestos, hazardous or toxic materials and warrant that the jobsite is in full compliance with applicable
laws and regulations, The Engineer will notify the Client if any asbestos, hazardous or toxic materials are
encountered or suspected. It will remain solely the Client's responsibility to notify appropriate authorities
of the toxic or hazardous materials.
CHANGED CONDITIONS. The Client shall rely on the Engineer's judgment as to the continued
adequacy of this agreement in light of occurrences or discoveries that were not originally contemplated by
or known to the Engineer. Should the Engineer call for contract renegotiation, the Engineer shall identify
the changed conditions necessitating renegotiation and the Engineer and the Client shall promptly and in
good faith enter into renegotiation of this Agreement. If terms cannot be agreed to, the parties agree that
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either party has the absolute right to terminate this Agreement.
OPINIONS OF PROBABLE COST. In providing opinions of probable construction cost, the Client
understands that the Engineer has no control over costs or the price of labor, equipment or materials, or
over the Contractor's method of pricing, and that the opinions of probable construction costs provided
herein are to be made on the basis of the Engineer's qualifications and experience, The Engineer makes
no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.
BURIED UTILITIES. The Engineer and/or his or her authorized subconsultant will conduct the
research that in his or her professional opinion is necessary to identify underground improvements for the
proposed scope of services. Such services by the Engineer or his or her subconsultant will be perfoffi1ed
in a manner consistent with the ordinary standard of care. The Client recognizes that the research may
not identify all underground improvements and that the infomation upon which the Engineer relies may
contain errors or may not be complete.
SHOP DRAWING REVIEW. The Engineer shall review and approve Contractor submittals, such as
shop drawings. product data, samples and other data, as required by the Engineer, but only for the limited
purpose of checking for confomance with the design concept and the infomation expressed in the
contract documents. This review shall not include review of the accuracy or completeness of details, such
as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods,
coordination of the work with other trades or construction safety precautions, all of which are the sole
responsibility of the Contractor. The Engineer shall not be responsible for any deviations from the
contract documents not brought to the attention of the Engineer in writing by the Contractor.
SPECIFICATION OF MATERIALS. The Client understands and agrees that products or building
materials which are pemissible under current building codes and ordinances may, at some future date, be
banned or limited in use in the construction industry because of presently unknown hazardous
characteristics. The Engineer shall endeavor, during the term of this Agreement, to infoffi1 the Client of
any product or material specified for this project which the Engineer becomes aware is a known or
suspected health or safety hazard. The Client agrees that if the Client directs the Engineer to specify any
product or material, after the Engineer has informed the Client that such product or material may not be
suitable or may embody characteristics that are suspected of causing or may cause the product or material
to be considered a hazardous substance in the future, the Client waives all claims as a result thereof
against the Engineer. The Client further agrees that if any product or material specified for this project by
the Engineer shall, at any future datt:; be suspected or discovered to be a health or safety hazard, then the
Client shall waive all claims as a result thereof against the Engineer.
CONSTRUCTION OBSERVATION. The Engineer shall visit the project at appropriate intervals
during construction to become generally familiar with the progress of the contractors' work and to
detemine if the work is proceeding in general accordance with the Contract Documents. The Client has
not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project
review and observation services. The Engineer does not guarantee the perfomance of, and shall have no
responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity
furnishing materials or performing any work on the project.
RECORD DOCUlVIENTS. Upon completion of the Work, the Engineer shall compile for and deliver to
the Client a reproducible set of Record Documents conforming to the marked-up prints, drawings and
other data furnished to the Engineer by the Contractor and from as-built survey to be conducted by the
Engineer. This set of Record Documents will show the reported location of the Work and significant
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changes made during the construction process. The Engineer will conduct a ground survey to verify that
the completed project was constructed in general conformance with the horizontal and vertical control as
specified in the construction plans. The information obtained from the ground survey will be incorporated
into the Record Drawings. However, the Engineer will not inspect construction or conduct an exhaustive
investigation of the construction. Therefore, the Record Documents will be based on unverified
infom1ation provided by other parties which will be assumed reliable, the Engineer cannot and does not
warrant their accuracy.
JOBSITE SAFETY. Neither the professional activities of the Engineer nor the presence of the Engineer
or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and
any other entity of their obligations, duties and responsibilities including, but not limited to, construction
means, methods, sequence, techniques or procedures necessary for performing, superintending or
coordinating all portions of the Work of construction in accordance with the contract documents and any
health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel
have no authority to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions. The Client agrees that the
General Contractor is solely responsible for jobsite safety, and warrants that this intent may be made
evident in the Client's agreement with the General Contractor as prepared by the Engineer.
UNAUTHORIZED CHANGES. In the event the Client consents to, allows, authorizes or approves of
changes to any plans, specifications or other construction documents, and these changes are not approved
in writing by the Engineer, the Client recognizes that such changes and the results thereof are not the
responsibility of the Engineer. Therefore, the Client agrees to release the Engineer from any liability
arising from the construction, use or result of such changes.
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GENERAL TERMS AND CONDITIONS
FOR SURVEYING
May 28, 1998
SCOPE OF SERVICES. The Client and DI SCIULLO & TERRY, INC. (Surveyor) have agreed to a
list of Basic and Special Services the Surveyor will provide to the Client. Services provided by the
Surveyor under this Agreement will be perfonned in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing under similar circumstances.
If mutually agreed to in writing by the Client and the Surveyor, the Additional Services shall be provided
by the Surveyor. These Additional Services are not included as part of Basic Services and shall be paid
for by the Client in addition to payment for Basic Services, in accordance with the Schedule Of Fees.
INDEMNIFICATION. The Surveyor will and hereby does agree to indemnify and hold hannless the
Client from any and all damages, loss or liability of any kind whatsoever, by reason of injury to third
persons occasioned by any negligent act, error or omission of the Surveyor, its agents or employees in
rendering or failing to render professional services with regard to the performance of this agreement.
The Client will and hereby does agree to indemnify and hold hannless the Surveyor from any and all
damages, loss or liability of any kind whatsoever, by reason of injury to third persons occasioned by any
negligent act, error or omission of the Client, its agents, employees or other person from whom the Client
is legally liable, in rendering or failing to render professional services with regard to the perfonnance of
this agreement.
COMPENSATION. Invoices will be submitted monthly and shall be due and payable on receipt. All
payments will be made in U.S. dollars or a check drawn on a U.S, banle
TIMELINESS OF PERFORMAt~CE. The Surveyor will perfonn his or her services with due and
reasonable diligence consistent with sound professional practices.
THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the Client or the Surveyor.
The Surveyor's services under this Agreement are being perfonned solely for the Client's benefit, and no
other entity shall have any claim against the Surveyor because of this Agreement or the perfonnance or
nonperfonnance of services hereunder.
SEVERABILITY AND SURVIVAL. Any provision of this Agreement later held to be unenforceable
for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect.
ARBITRA TION. In the event the parties to this Agreement are unable to reach a settlement of any
dispute arising out of the services under this Agreement, then such disputes shall be settled by binding
arbitration by an arbitrator to be mutually agreed upon by the parties.
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TERMINATION. Either party may tenninate this Contract upon giving written notice to the other party
at least thirty (30) days prior to the date of termination, In the event of tennination, the Surveyor shall
deliver to the Client copies of all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, reports, photographs, etc. prepared by the Surveyor under this Contract. The Surveyor
shall be entitled to receive just and equitable compensation for any work satisfactorily performed in
accordance with the provisions of this agreement prior to termination.
RIGHT OF ENTRY. The Client shall provide for the Surveyor's right to enter the property owned by
the Client and/or others in order for the Surveyor to fulfill the Scope of Services included hereunder. The
Client understands that use of testing or other equipment may unavoidably cause some damage, the
correction of which is not part the responsibility of the Surveyor. The Surveyor's subcontractors will be
responsible for any restoration necessary caused by their equipment. The Client agrees, to the fullest
extent pennitted by law, to indemnify and hold the Surveyor and his or her subconsultants hannless from
any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss
arising or allegedly arising from procedures associated with testing or investigative activities or discovery
of hazardous materials or suspected hazardous materials on said prop~rty.
OWNERSIDP OF INSTRUMENTS OF SERVICE. All instruments of service, including reports,
original drawings, estimates, field notes and data, and all documents on electronic media prepared by the
Surveyor are and shall remain the property of the Surveyor. A reproducible copy of all reports, original
drawings, plans, estimates, tield notes and data shall be provided to the Client in digital fonnat on a CO-
ROM.
INFORMATION PROVIDED BY OTHERS. The Surveyor shall indicate to the Client the inforn1ation
needed for rendering of services hereunder. The Client shall provide to the Surveyor such inforn1ation as
is available to the Client and the Client's consultants and contractors, and the Surveyor shall be entitled to
rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the
Surveyor to assure the accuracy, completeness and sufficiency of such infonnation. either because it is
impossible to verify, or because of errors or omissions which may have occurred in assembling the
inforn1ation the Client is providing. Accordingly, the Client agrees, to the fullest extent pern1itted by law,
to indemnify and hold the Surveyor and the Surveyor's subconsultants hannless from any claim, liability
or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly
arising from errors, omissions or inaccuracies in documents or other infonnation provided by the Client to
the Surveyor.
HAZARDOUS MATERIALS. It is acknowledged by both parties that the Surveyor's Scope of Services
does not include any services related to asbestos or hazardous or toxic materials. In the event the
Surveyor or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it
become known in any way that such materials may be present at the jobsite or any adjacent areas that may
affect the perfonnance of the Surveyor's services, the Surveyor may, at his or her option and without
liability for consequential or any other damages, suspend perfom1ance of services on the project until the
Client retains appropriate specialist consultants or contractors to identify, abate and/or remove the
asbestos, hazardous or toxic materials and warrant that the jobsite is in full compliance with applicable
laws and regulations. The Surveyor will notify the Client if any asbestos, hazardous or toxic materials are
encountered or suspected. It will remain solely the Client's responsibility to notify appropriate authorities
of the toxic or hazardous materials.
CHANGED CONDITIONS. The Client shall rely on the Surveyor's judgment as to the continued
adequacy of this agreement in light of occurrences or discoveries that were not originally contemplated by
or known to the Surveyor. Should the Surveyor call for contract renegotiation, the Surveyor shall identify
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the changed conditions necessitating renegotiation and the Surveyor and the Client shall promptly and in
good faith enter into renegotiation of this Agreement. If tenns cannot be agreed to, the parties agree that
either party has the absolute right to tenninate this Agreement.
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