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HomeMy WebLinkAbout1991-01-05 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, JANUARY 5,1999 — 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on January 5, 1999, at5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Council members Others Attending I. CALL TO ORDER. John Moser Jerry B. Madkins Barbara Terrell Joel Hillin Marshall Shelton K. H. Conatser Rusty Jergins Bea Marin Bill Stanley Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney The meeting of the Stephenville City Council was called to order at 5:30 p.m. on Tuesday, January 5, 1999 by Mayor John Moser. Mayor Moser noted all council members present and declared a quorum present. II. CITIZENS' GENERAL DISCUSSION No one spoke to the council. III. PRESENTATION OF ANNUAL AUDIT Lewis Crain of Rutledge Crain & Company, PC presented the audit report to the council. He reported that the city has added to reserves in the general fund by both General Business Meeting— January 5, 1999 Stephenville City Council underestimating revenue and spending conservatively. Crain complimented the City Administrator and his staff (specifically Mark Kaiser, Finance Director) for having being so organized. Davis recognized Kaiser and all of the division directors for their work in relation to the budget and audit. Davis stated that we have come in under budget every year since he has been in Stephenville. MOTION by Rusty Jergins, seconded by Marshall Shelton to accept the audit report and refer it to the Finance Committee for further review. Motion carried with unanimous approval. IV. PLANNING AND ZONING COMMISSION — Consider Final Plat of Kentucky Fried Chicken Subdivision City Administrator Don Davis reported on this item noting that the plat has been reviewed by the Planning and Zoning Commission, and it does comply with the subdivision rules and regulations. The Planning and Zoning Commission is recommending to the council that the plat be approved. MOTION by K. H. Conatser, seconded by Rusty Jergins to approve the final plat of the Kentucky Fried Chicken Restaurant Subdivision. Motion carried with unanimous approval. V. PLANNING AND DEVELOPMENT COMMITTEE REPORT Rusty Jergins reported that this committee met on December 29, 1998. Sanford LaHue of Schrickel, Rollins and Associates was attended the corrunittee meeting and was present at the council meeting. He explained the overall scope of the West Side Development Project and answered questions concerning storm drainage, median cuts, irrigation system for the median, water and sewer lines, and the cost of concrete and hot mix asphalt. MOTION by Rusty Jergins, seconded by Jerry B. Madkins to approve the plans and specifications as amended and instruct staff to go out for bid. Motion carried with unanimous approval. VI. WATER PLANNING COMMITTEE REPORT A. Presentation by David Moore with Compost Performance Services Barbara Terrell reported on this committee's meeting of December 14, 1998. At the meeting, a presentation was made by David Moore with Compost Performance Systems, hie. proposing a composting facility at the site of the Wastewater Treatment i —, Plant. Terrell reported that further study will be made of this subject by the committee. LA General Business Meeting— January 5, 1999 Stephenville City Council B. Status Report on Upper Leon River Municipal Water District Raw Water Contract Terrell reported that negotiations continue on this contract which is for approximately 2,700 acre feet of available water from Lake Proctor. Staff is working with the Brazos River Authority and the Upper Leon River Municipal Water District on this contract. C. Interim Water Supply Recommendations During the interim period while plans are being negotiated to pipe water from Lake Proctor to Stephenville, action needs to be taken to ensure necessary water supply. The committee is recommending either reconstructing or replacing Taylor South well and to revise the existing Water Conservation Plan. The committee is also recommending that the city sever all ties with Somervell County Water District on the Paluxy Project and take measures to recoup some of the money that the City of Stephenville has expended on this project. During discussion, council member Bill Stanley read a memorandum into the record of this meeting. Said memorandum is attached hereto and made a part of these minutes for all purposes. After discussion, it was determined by City Attorney, Randy Thomas that a motion was not necessary in order for staff to continue negotiating with the Upper Leon River Municipal Water District on a contract with the city for the purchase of water from Lake Proctor. MOTION by Jerry Madkins, seconded by K. H. Conatser that the Mayor participate in negotiation sessions for a contract between the city and Upper Leon River Municipal Water District, if he so chooses. Motion carried with unanimous approval. VII. CONSIDER COST ESTIMATE FOR QUALITY ASSURANCE AND QUALITY CONTROL SERVICES, LANDFILL CELL NO.2 City Administrator introduced James Knight of TEAM Consultants, Inc. MOTION by Jerry Madkins, seconded by Wm. H. Stanley to enter into contract with TEAM Consultants, Inc.for quality assurance /quality control services on Landfill Cell No. 2. Motion carried with unanimous approval. I 9 General Business Meeting— January 5, 1999 Stephenville City Council H VIII. CONSIDER NOMINATIONS FOR MEMBER OF BRAZOS G REGIONAL WATER PLANNING GROUP REPRESENTING RIVER AUTHORITIES MOTION by Barbara Terrell, seconded by Rusty Jergins to nominate Gary Gwyn, newly appointed manager of the Brazos River Authority as a voting member representing river authorities. Motion carried with unanimous approval. MOTION by Jerry Madkins, seconded by Rusty Jergins to approve the Consent Agenda as follows: IX. CONSENT AGENDA A. Approval of Minutes — Regular Business Meeting on October 6,1998 B. Bid Specifications 1. Police Uniforms 2. Animal Control Unit 3. Police Vehicles, Community Services Department Pickups, and Animal Control Pickup C. Bid Award on Food Service Inspection Motion carried by unanimous approval. 1 rll Y 1T/ iWi K" 7S 1111'A 17 -ZI] 71 Y Davis advised that Roy Halsell has begun work as the Stephenville Police Chief. Halsell was given an opportunity to speak, and said he was very happy to be in Stephenville and is looking forward to his tenure here and getting involved in the community. K. H. Conatser took the opportunity to recognize the death of one of the city's Animal Control Officers. Pat Jones died December 24, 1998 after a valiant battle with cancer. Conatser praised Jones for her loyalty and dedication. The council and staff joined in this expression of sympathy. XI. EXECUTIVE SESSION. At 6:42 p.m., Mayor Moser recessed the open portion of the meeting and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.072 Deliberate the purchase, exchange, lease, or value of real property and Sec. 551.071(1)(A) Private consultation between the City Council and its attorney to discuss pending or contemplated litigation. A. Municipal Service Center Site B. Acquisition of Right of Way for the West Side Development Project General Business Meeting— January 5, 1999 Stephenville City Council M C. Acquisition of Right of Way for the College Farm Road Bridge D. Paluxy Project At 7:57 p.m., Mayor Moser called the council back into regular session. XII. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) MOTION by Jerry Madkins, seconded by Wm. H. Stanley to empower staff to negotiate for acquisition of the Glynn Stewart property on Highway 67 to be the site for the Municipal Service Center. Motion carried with unanimous approval. MOTION by Jerry Madkins, seconded by Wm. H. Stanley to authorize City Attorney Randy Thomas to proceed with condemnation on the Schnur property, Bowman/King property, and Kessler property for right of way for the West Side Development project. Motion carried with unanimous approval. MOTION by Rusty Jergins, seconded by Jerry Madkins to authorize staff to negotiate the purchase of the College Farm Road Bridge right of way and bring the agreement back to the council for approval. Motion carried with unanimous approval. XIII. ADJOURN MOTION by Wm. H. Stanley, seconded by Jerry Madkins to adjourn. Motion carried by unanimous approval. ( e4 M�� J # Moser, Mayor ATTEST: General Business Meeting— January 5, 1999 Stephenville City Council Water Proposal - December 30 for Council Meeting January 4,1999 I feel it necessary to present my position concerning the entire issue of water for Stephenville. A history of my experience regarding this matter may be helpful. On August 6,1998 1 sent a memorandum to Water Committee Chairperson Barbara Terrell with copies to all members of the Council expressing my concerns about the then uncompleted study by HDR. To refresh your memories and inform the citizens present I should like to read that memorandum. A meeting, as I requested, was never called. Instead without my permission and obviously unknown to me a copy of the memorandum was sent to HDR, which 1 consider to be unethical. I consider it more than passing strange that a copy of my memorandum in which 1 proposed to cancel a contract was sent to the object of that proposal. Critical in our decision to initiate negotiations to buy Brazos River Authority water are these considerations: I. The 1983 and 1994 Guyton Studies both indicate that there is "moderate to large" amounts of water in their studied area (9X by 9 miles)(81 square miles) When pressed for more definitive information Mr. Kreitler of Guyton wrote Mr. Davis a letter in which he stated the information contained in my memorandum to Mrs. Terrell. 2. The 1998 HDR Study incorporates a long treatise described as "Mod Flow ". No information concerning the evidence upon which this theoretical model is based or the critical analysis of evidence was provided to arrive at this theoretical model was presented. Other than pumpage no other data were provided which provide confidence in this model. The only baseline data provided was that there is "small to moderate" amounts of water in the area studied. (20 X 18 miles, 360 square miles), four and one half times the area in the Guyton studies. No reasons were given for the difference in the studied area from the "small studies or the difference noted from "moderate to large" to small to moderate" amounts of water in the aquifer. 3. From this nebulous base "small to moderate" amounts of water in the aquifer and utilizing erroneous data concerning water usage HDR proceeds to definitively draw the following conclusions : A. The wells in the study area will cease to be productive in the year 2050. B. In our meeting to receive the HDR report Kenneth Chofel of HDR stated that building a pipe line from the Dublin terminal at a cost of approximately 6 million dollars to Stephenville and buying approximately 2200 acre feet of treated water from The Upper Leon Municipal Water District would be cheaper than drilling additional needed wells( HDR does not indicate how many additional wells would be needed or at what cost) C. Then HDR. proceeds to report that the Proctor Lake water would increase the cost to the consumer somewhere between an additional 30 to 50 %. ( If this does not defy logic I don't know what does.), D. No definitive data was presented concerning the aquifer recharge. Just an estimate, apparently, pulled from thin air. 4. Upon these conclusions HDR recommends that The City of Stephenville proceed with the purchase of the water from The Upper Leon Municipal Water District and build a pipe line to Stephenville, even though this would "extend the productive life of our wells only fourteen years to the year 2064 ". It does seem to be appropriate to ask what the City is going to do then. In the meeting of the Water Committee December 14,1998 1 asked if we had observations wells that were consistently monitored in order to know what is happening in the aquifer. We do not. 1 observed that the numbers had never been put in the boxes in comparing the cost of drilling wells and delivering water to the storage tanks to that of delivering water to the storage tanks from Lake Proctor. It seems that recently we have used a method called "reverse circulation" to drill our wells which is approximately twice as expensive as the conventional method.. I asked for a definition of the "reverse circulation" method. An answer was not provided. Considering misinformation over the years It is difficult not to be caught up with the "sky is falling" mentality of some of our citizens, some of the Council members and the City Administration. Certainly it would be more desirable to buy water from Lake Proctor than to drill additional wells if it is more economical. The evidence clearly indicates that it would be more expensive. The idea that if we do not buy the Brazos River Authority water now someone else will and we will be without water in the future is extremely suspect. There are any number of viable sites for building dams for surface water on the North Bosque River and its tributaries north and east of Stephenville. It again defies rationality to assume that The Texas Water Board, The Texas Legislature, The Brazos River Authority, The Corp of Engineers and The United States Congress would not respond to our need if, indeed, we were in danger of running out of water. I will not oppose buying raw water from Brazos River Authority as an insurance policy, to be held in reserve until, when and if, it is needed. However, in the event of additional reliable information I reserve the right to change my mind. Buying treated water and building a six million dollar pipe line is an entirely different matter. My basic position is that we cannot know definitively what is the status and the effect of water utilization in The Trinity Aquifer without observation wells consistently monitored. TEAM Consultants, Inc. Geotechnical, Environmental, Construction Materials Testing December 9, 1998 TEAM Proposal No. 98AO65 Danny R. Johnson Director of Utilities City of Stephenville 298 West Washington Stephenville, Texas 76401 -4257 Re: Soils and Liner Evaluation Report Stephenville Type IV Sanitary Landfill - Cell No. 2 Stephenville, Erath County, Texas Dear Mr. Johnson: We are pleased to present our proposal for providing services necessary to prepare an acceptable Soils and Liner Evaluation Report for the above referenced project. This proposal is being presented pursuant to our telephone conversation on December 7, 1998. We have prepared the attached cost estimate for quality assurance /quality control services based on a combined constructed sidewall liner and constructed bottom liner. The estimate is based upon construction of the bottom liner as either a single area of construction or in two essentially equal areas of construction with the sidewall liner being constructed monolithically in parallel lifts with the bottom liner. This estimate has been prepared based on the following assumptions: 1) Average construction rate of approximately 1500 cubic yards per day; 2) Approximate cell size of 370 x 430 feet; 3) Liner quality soils are available for use (no soil modification required); and 4) Full time quality assurance /quality control. Site preparation work will require excavation to the required lines and grades. Upon achieving design lines and grades, as defined by the approved Plans and Specifications, an inspection of the exposed soils conducted to determine suitability for liner construction purposes. Any soft or weak soils " will -6e removed and replaced with liner quality soils placed using density control. This condition is not anticipated to be a problem. Construction of a three foot thick clay liner and placement of one foot of protective cover soil will be monitored in accordance with the approved Soils and Liner Quality Control Plan (SLQCP). A soil liner evaluation report (SLER) will be prepared for submittal to the TNRCC for evaluation and approval to allow landfill operations to commence. A representative of the TNRCC may inspect the site prior to initial cell approval. F1 2970S. Walton Walker, Suite 101 Dallas, TX 75211 (214) 331 -4395 Fax(214)331-44Y 3101 Pleasant Valley, Suite 101 Arlington, YX 76015 (817) 467 -5500 Fax(817)468- 9 t � ftelves j Based on an estimated construction rate of 1500 cubic yards per day, it is estimated that sidewall liner construction will require approximately six working days to complete, not including placement of final cover and surveying, and that construction of the bottom liner will require approximately 10 to 14 working days to complete, depending on the contractor's construction methodology, not including placement of final cover and surveying. Please note that a significant portion of our fees are time and travel related. Surveying will require coordination so that "before" and "after" surveys can be conducted without interfering with the contractor's progress. Preparation of the SLER documents will require an additional one to two weeks following completion of construction. Based on our understanding of the project requirements and the above scope of services, we have prepared the attached estimate of cost which shows the estimated quantities of work and unit fees. You will be notified if unforeseen conditions are encountered or there is a necessary change in the scope of work. Additional work will not be performed without first obtaining your approval of the additional costs. Any items of work not listed in the estimate will be invoiced in accordance with our 1996 Fee Schedule, Schedules I, II and III. The invoices will be based on the actual work performed at the unit prices shown in the fee schedules. All services shall be performed in accordance with this proposal and the attached General Conditions dated 1996. We will proceed with scheduling on the basis of your verbal approval. However, should this proposal meet with your approval, please sign and return one copy to this office as our formal notification to proceed. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please call if there are any questions or if we can be of additional service to you. JK/li Enclosure Authorization by: Date: Very truly.yours, TEAM Consultants, Inc. James Knight, P.E. Senior Project Engineer COST ESTIMATE SOILS AND LINER EVALUATION REPORT CELL NO.2 STEPHENVILLE TYPE IV SANITARY LANDFILL - MSW PERMIT NO. 664 STEPHENVILLE, ERATH COUNTY, TEXAS SCHEDULE II - LABORATORY SERVICES PART 1 - Soils and Base Material Identification and Classification Tests 2001 Atterberg limits 2004 Grain size analysis - Mechanical Physical Tests 2023 Falling Head Permeability Test 2028 Sample preparation Compaction, Control Strength and Durability Tests 2062 Moisture Density Relationship - 4 -inch mold Field Compaction Inspection and Tests 2102 Nuclear Density Tests Regular Time Overtime Other Services 2228 Mobilization/Demobilization Transportation charge Est. 32.00 ea. @ 35.00 /ea. $ 1,120.00 Est. 32.00 ea. @ 31.00 /ea. 992.00 Est. 32.00 ea. @ 110.00 /ea. 3,520.00 Est. 16.00 hrs. @ 34.00/hr. 544.00 Est. 8.00 ea. @ 130.00 /ea. 1,040.00 FROM Est. 128.00 hrs. @ 40.00/hr. 5,120.00 TO Est. 160.00 hrs. @ 40.00/hr. 6,400.00 FROM Est. 64.00 hrs. @ 50.00/hr. 3,200.00 TO Est. 80.00 hrs. @ 50.00/hr. 4,000.00 FROM Est. 3200.00 mi. @ 0.45 /mi. 1,440.00 TO Est. 4000.00 mi. @ 0.45 /mi. 1,800.00 Sub -total FROM $ 16,976.00 TO $ 19,416.00 E SCHEDULE III - ENGINEERING AND PERSONNEL SERVICES Part 1 - Design and Field Inspection 3002 Senior Project Engineer 3006 Junior Engineer 3012 Draftsman 3013 Typing 3014 Equipment rental or Reimbursable items 3020 Report preparation 3021 Special consultants and other services (surveying) 3031 Transportation charge FROM Est. 60.00 hrs. @ 85.00/hr. $ 5,100.00 TO Est. 80.00 hrs. @ 85.00/hr. $ 6,800.00 Est. 8.00 Ins. @ 45.00/hr. 360.00 Est. 24.00 hrs. @ 35.00/hr. 840.00 Est. 16.00 hrs. @ 30.00/hr. 480.00 Allow. 50.00 ea. @ cost +15% 57.50 Est. 6.00 cy. @ 25.00 /cy. 150.00 Est. 5000.00 ea. @ cost +15% 5,750.00 FROM Est. 1400.00 mi. @ 0.45 /mi. 630.00 TO Est. 1750.00 mi. @ 0.45 /mi. 787.50 Sub -total FROM $ 13,367.50 TO $ 15,225.00 ESTIMATED TOTAL FROM $ 30,343.50 TO $ 34,641.00 CONTINGENCY (10 0/.) FROM $ 3,034.35 TO $ 3,464.10 RECOMMENDED BUDGET FROM $ 33,377.85 TO $ 38,105.10 THIS ESTIMATE ASSUMES THAT THE LINER AND EMBANKMENT WILL BE CONSTRUCTED AT AN AVERAGE RATE OF APPROXIMATELY 1,500 CUBIC YARDS (C.Y.) PER DAY. THE MINIMUM COMPACTED YARDAGE FOR THE ASSUMED 430'x370' x 15' SIZE CELL IS APPROXIMATELY 24,250 C.Y.. BASED ON A BULKING FACTOR OF 1.3, THE CONTRACTOR WILL HAUL APPROXIMATELY 31,525 C.Y. OF LINER QUALITY AND EMBANKMENT SOILS IN ORDER TO CONSTRUCT CELL NO. 2. A PROTECTIVE COVER OF 12 -INCHES OF SOIL WILL ADD APPROXIMATELY 6,500C.Y. OF HAULED MATERIAL TO COMPLETE THE PROJECT. SURVEYING WILL BE REQUIRED FOR DOCUMENTATION PURPOSES. THE ESTIMATED COST FOR THIS SERVICE SHOULD BE LESS THAN $1,800.00 PER PER ACRE BASED ON A MINIMUM OF FIVE TRIPS TO THE SITE DURING CONSTRUCTION AND WHATEVER IS REQUIRED TO ESTABLISH AT LEAST ONE BENCHMARK ON SITE FOR FIELD CONTROL. THIS COST ESTIMATE MAY BE HIGHER OR LOWER THAN THE ACTUAL COST FOR THIS PORTION OF THIS PROPOSED PROJECT DEPENDING ON SEVERAL UNKNOWNS SUCH AS CONSTRUCTION RATE, MATERIAL PROCESSING PROBLEMS, OR OTHER VARIABLES BEYOND THIS ESTIMATOR'S KNOWLEDGE. THE COST WILL BE SLIGHTLY HIGHER AS PRODUCTION RATE DROPS OFF. HOWEVER, THIS ESTIMATE SHOULD BE REASONABLY CLOSE TO SERVE AS A GUIDE FOR PROJECT PLANNING PURPOSES. ALSO, CONSTRUCTION STAKING IS NOT INCLUDED IN THIS FIGURE. THAT COST, IF NOT INCLUDED IN THE BID, MAY BE ADDITIONAL EXPENSE ON THE ORDER OF $5,000.00. IT WILL BE TO THE CITY'S ADVANTAGE TO REQUIRE A PRODUCTION RATE OF 1,500 C.Y. OR MORE PER DAY SHOULD THIS WORK BE PUT OUT FOR BID. A SIGNIFICANT PORTION OF OUR FEES ARE TIME AND TRAVEL RELATED. 1996 FEE SCHEDULE Schedule of Fees I, H and III 10 PN98A065 GENERAL CONDITIONS Soils and Liner Evaluation Report Stephenville Type IV Sanitary Landfill — PROJECT: Cell No. 2 Stephenville Era h o my Ta Proposal N 98AO65 TEAM Consultants, Inc. (herein after called TCI) shall perform the services outlined in this agreement for the stated fee arrangement . ACCESS TO SITE: Unless otherwise stated, TCI will have access to the site for activities necessary for the performance of the services. TCI will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post-construction between the Client and TCI shall be submitted to non - binding mediation. TCI agrees to be included in a similar mediation agreement with all contractors, subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. BILLINGS/PAYMENTS: Invoices for TCrs services shall be submitted, on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, TCI tray, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers or advanced payments shall be credited on the final invoice. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. INDEMNIFICATION: The Client shall, to the fullest extent permitted by law, indemnify and hold hamiless TCI, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of TCI. CERTIFICATIONS: Guarantees and Warranties: TCl shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence TCI cannot ascertain. LIMITATION OF LIABULM: In recognition of the relative risks, rewards and benefits of the project to both the Client and TCI, the risks have been allocated such that the Client :agrees that, to the fullest extent permitted by law, TCrs total liability to the Client for any and all injuries, claims, losses, expenses, damages or ;claim expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of the project fee paid to TCL Such (causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contractor breach of warranty. TERMINATION OF SERVICES: This agreement may be terminated by the Client or TCI should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay TCI for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. DOCUMENTS: All documents including Drawings and Specifications prepared by TCI pursuant to this agreement, are instruments of service in respect to the Project They are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by TCI for the specific purpose intended will be at the Clients sole risk and without liability or legal exposure to TCI and Client shall indemnify and hold harmless TCI from all claims, damages, losses, and expenses including attomeys fees arising out of or resulting therefrom. Any such verification or adaptation will entitle TCI to further compensation at rates to be agreed upon by Client and TCI. Original documents, developed in connection with the services performed hereunder belong to, and remain the property of the Client, in consideration of which it is mutually agreed that the Client will use them solely in connection with the Project, save with the express consent of TCI. TCI may retain reproducible copies of such documents. DAMAGE TO EXISTING MAN -MADE OBJECTS: It shall be the responsibility of the owner or his duly authorized representative to disclose the presence and accurate location of all underground, hidden or obscure man-made objects relative to field tests or boring locations. TCrs field personnel are trained to recognize clearly identifiable stakes or markings in the field, and, without special written instructions, to initiate field testing, drilling and/or sampling within a few feet of each designated location. If TCI is cautioned, advised, or given data in writing that reveal the presence or potential presence of underground obstructions, such as utilities, special instructions to the field personnel will be provided. As evidenced by your acceptance of this agreement, you agree to indemnify and save harmless TCI, its officers, employees and agents from all claims, suits, losses, personal injuries, death and property liability resulting from unusual subsurface conditions or damages to subsurface structures, owned by you or third parties, occulting in the performance of the proposed work, whose presence and exact locations were not revealed to TCI in writing and to reimburse TCI for expenses in pmection with any such claims or suits, including reasonable attorneys fees. t._, Page 1 oft 1996/FeeLia. JOB SITE AUTHORITY Neither the activities of the TCI, nor the presence of TCI 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, of procedures necessary for perforating, 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. TCI 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. THDID 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 TCI. Mrs services under this Agreement are being performed solely for the C1ienVs benefit, and no other entity shall have any claim against TCI because of this Agreement or the performance or nonperformance of services hereunder. SEVERABH.ITY 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 All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and TCI shall survive the completion of the services hereunder and the termination of this Agreement Page 2 of 2 1 ?. 1996IFee Lia.