Engineering Services Agreement
Terms and Conditions
Whitworth Engineering (The Firm) shall perform the services outlined in this agreement for the stated fee arrangement as outlined in the Exhibit A.
Clients Responsibility
It is the responsibility of the client to notify Whitworth Engineering of any underground utilities in the area in which borings will be completed. The client must clearly mark any underground utilities. The client holds Whitworth Engineering harmless of any damage to underground utilities that may occur during drilling operations.
Notice to Proceed
Whitworth Engineering must receive (by delivery, fax or regular mail) this signed services agreement and the following; approved site access, accurate legal description of the site and name of current site owner, names of individuals that Whitworth Engineering may contact at the site, copies of available site maps, plats, and a general driving map; and other pertinent site information. This proposal will remain in effect for 30 days. Whitworth Engineering will not proceed until a clear site plan, site access information, building types and uses, and signed authorization with down payment are received via fax or regular mail.
Special Conditions
Inclement weather, which makes the site inaccessible by truck, will delay the delivery of the report.
In the event this occurs, every effort will be made to obtain samples from the site as soon as possible.
Access to Site
Unless otherwise stated, The Firm will have access to the site for activities necessary for the performance of the services. The Firm 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. Site inaccessibility due to inclement weather may delay the delivery of documents where access to the site is necessary, such as obtaining soil samples.
Contracting with other Parties
Whitworth Engineering is a multi-discipline firm providing Civil Engineering, Geotechnical Engineering, Structural Engineering, and Construction Materials Testing services. The Client agrees to allow The Firm to enter contracts to perform such services for other parties on this project.
Dispute Resolution
Any claims or disputes made during design, construction or post-construction between the Client and The Firm shall be submitted to non-binding mediation. Client and The Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub-consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.
Special Contractor and Owner Information with regard to Residential Foundations on Ground
- Trees or other vegetation with a mature height greater than six feet or which require excessive amounts of water should not be planted or located within 20 feet of the foundation in order to minimize any effect on the foundation.
- Excavations such as swimming pools and for retaining walls shall not be placed closer than 10 feet to the foundation.
- The grade shall slope a minimum of 5 percent with 10 percent preferred in the first 10 feet away from the foundation. The maximum slope shall be 15 percent in the first 5 feet and 30 percent after 5 feet unless approved by the engineer.
- Water shall not be allowed to pond next to the foundation. Downspouts shall be directed away from the foundation to direct the water at least 10 feet from the foundation.
- All slabs on ground are designed and assumed to deflect. It is the intent of the geotechnical investigation and the foundation design to minimize this deflection and therefore, the associated distress (cracking in walls and sticking doors, etc.). However, the owner should be aware that some deflection and distress is likely to occur. Proper geotechnical investigation, foundation design, construction techniques and homeowner maintenance are all necessary to minimize the potential distress if a slab on ground is chosen as the foundation type (in lieu of a structurally suspended foundation) The undersigned acknowledges that a geotechnical investigation is a representation of the soil at the location of the boring and that the soils may vary between borings. The tests and boring logs are a representation of the soil but all guidelines, opinions, and recommendations are the opinion of the Professional Engineer who seals the report. As a professional opinion, there is no warranty or guarantee, expressed or otherwise, to the accuracy of the opinion since it is based on assumptions and somewhat unpredictable soil properties. The undersigned; holds Whitworth Engineering and its employees harmless for any damages to any structure built on the site of the investigation, and agrees to pass this indemnity on to the owner and user of the real property.
Billings/Payments
Invoices for The Firm’s services shall be submitted, at The Firm’s option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, The Firm may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service.
Late Payments
Accounts unpaid 30 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 120 days after billing, the Client shall pay all costs of collection, including reasonable attorney’s fees.
Certifications
Guarantees and Warranties: The Firm shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence The Firm cannot ascertain.
Services Not Included
- Clearing to obtain access to testing site
- Replacement of soil within test boring hole to its original compaction, settlement of the hole may occur
- Repair of pavement or grading of sites after completion of testing due to drilling rig causing damage to property due to the weight of the machine.
- Construction Materials testing, including on site soil density testing during construction, soil proctors, any concrete testing on site during construction, or any other testing services needed for the construction of the project.
Indemnification
Any use of this investigation and any reliance thereon shall be specifically subject to the following limitation of liability: In recognition of the relative risk and benefits of the project to user and Whitworth Engineering, the risks have been allocated such that the user agrees, to the fullest extent permitted by law, to limit the liability of Whitworth Engineering to user for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of Whitworth Engineering to user shall not exceed our billing fee, unless otherwise specifically agreed to in writing. It is intended that this limitation apply to any and all liability or causes of action however alleged or arising, unless otherwise prohibited by law. For the purpose of this provision, Whitworth Engineering shall include the officers, directors, shareholders, partners, and employees of Whitworth Engineering. This limitation is applicable to Whitworth Engineering negligence or other fault in whole or in part.
Termination of Services
This agreement may be terminated by the Client or The Firm should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay The Firm for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.
