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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: . . ,\ (ÍJ ~C__¿~£( (-:trð-- J JU,- Charles Scoma"Mayor ATTEST: ,..,'-) ,/t( "/ c ./'/¿¿ ("~i¡~ Patricia Hutson, City Secretary APPROVED AS TO CONTENT: APPROVfD AS ~O FORM AND ~EGALlTY: ~,/ f ¡" ' , \ I /., ", \'-..- ¡'. ,'-..-- _ "~..-- _ /' _ r - ,I" /, ( ,-l",. 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. /1, !/Í; ~/ / i 1 ,,' 'If, <.....::1, "'; '// i; /1 ¿" > 1/ ;~ v ' ; I I / / I ( ! 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) P\NRII-[)RN\Djckel1~ ¡doc 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 P \NRH-DRN\NIU ISCt) 1 dOl: 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 P \:'-iRI -[)R~\:-"¡R¡ ISCO ···1 doc Page 4 of 8 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 W -I ::> c w :I: U en w w LL. 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U) '0 C '" "Q" '" 0) (l) 0:) U 0:) .~ (l) U) .!d N II) <D '" C") CO (l) :5 .: (l) > (l) o :; "Q" ,g ~ o 0> (l) C;; u o ..0 ~ '0 C '" c:> o .x: 0 g ~ ~ >- N ..0 ~ Y> '" Õ N > (l) ~ ~ ~ E '0 (l) (l) u x (l) .2 Õ c '" 0:) 0:) 0:) õ 0:) ( ) 0> '" [l. '" :; o .c N '" ~ ::J Ü e:¡: ~ .2 '" ~ ""ß ~ Õ '0 ::J C '0 '" g .x: u '" ( ) ~ ..0 >- ..0 '3: ~ ~- 5 <5 .c S L() Õ 'õ c :; ë o (l) '0 E ...J ~ 2 ( ) '" ~ .c êi5 o -g .( I- ü ( ) :Q '0 ..c C. ùJ ~ .~ ë '0 (l) ( ) '" ë ~ (l) a. ~ ~ a. ::J '" -g '" .c '" u ( ) '" u ,!!! .~ .c (l) I- U) ~ (¡) I- oð g ::J 'ü U) o ¡j c (l) õ z 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 \\NTSloR VI:R\ PRO! ECT N R II, DRN'Gl1oRMS,doc Page 2 of 4 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 \\NTSEU VEU\I'UOJI,CTIN RII, DRN\GTERMS,Joc Page 3 of 4 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. \\NTSERVER\PROJECT,NRII DRN\GTERMS,Joc Page 4 of 4 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. \INTSLR VERII'ROJu:r,NRII IJRN\GTERMSSVY.uo<: Page 1 of 3 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 \\NTSER V ER' PIW) ECT\N R H, DRN\GITR MS,S V y, doc Page 2 of 3 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. \\NTS ERV ER\PROJ ECT\N R II, DRN\CiTERMS,SV Y ,doc Page 3 of 3