|
042
<br />McKim & Creed, P.A.
<br />General Conditions
<br />(3/2002-1)
<br />11 retain all common law, statutory and other reserved rights, including the
<br />copyright thereto.
<br />Photographs. Photographs of any completed project embodying the
<br />services of the Engineer provided hereunder may be made by the
<br />Engineer and shall be considered as its property, and may be used by it
<br />for publication. _
<br />Assignment. Neither party to this Agreement shall transfer, sublet or
<br />assign am, rights under or interest in this Agreement (including but not
<br />limited to fees that are due or fees that may be due) without the prior
<br />written consent of the other party.
<br />Archiving of Project Documentation. Engineer shall maintain copies of
<br />printed project documentation for a period of three years from
<br />substantial completion of Engineer's services. Engineer shall maintain
<br />copies of all electronic media related to the project for a period of one
<br />year from substantial completion of Engineers services_ Requests for
<br />reproduction of project documentation after these periods have expired
<br />will be considered additional services and will be invoiced at the
<br />Engineer's prevailing hourly rates at the time of the request, plus
<br />expenses_
<br />Betterment. If, due to the Engineers error, any required item or
<br />component of the project is omitted from the F.ngmeeis constn¢tion
<br />documents, the Engineer shall not be responsible for paying the cost to
<br />add such item or component to the extent that such item or component
<br />would have been otherwise necessary to the project or otherwise adds
<br />value or betterment to the project_ In no event will the Engtncer be
<br />responsible for any cost or expense that provides betterment, upgrade or
<br />enhancement of the project.
<br />CAD Files. Because data stored on electronic media can deteriorate
<br />undetected or be modified without the Engineers knowledge, the Client
<br />agrees that it will accept rcroponsiladity for the completeness, care the or
<br />readability of any electronic media delivered to the Client after an acceptance
<br />period of 30 days after delivery of the electronic files, and that upon the
<br />expiration of this acceptance period, Client will release, indemnify and save
<br />harmless the Engineer from any and all claims, lows, costs, damages, awards
<br />urjedgments arising from use of the electronic media files cur output generated
<br />from them. 'I he Engineer agrees that it is responsible only for the printed and
<br />scaled drawings and documents, and if there is a conflict between these
<br />printed documents and the electronic media, the sealed documents will
<br />govern. Engineer makes no warranties, express or implied, under this
<br />agreement or otherwise, in connection with the Eagbheer'ssrocces.
<br />Certifications, Guarantees and Warranties. I he Engineer shall not he
<br />required to sign any documents, no matter by whom requested, that
<br />would result in the Engineer's having to certify, guarantee or warrant the
<br />existence of conditions which the Engineer cannot ascertain_ The Client
<br />also agrees that it has no right to make the resolution of any dispute with
<br />the Engineer or the payment of any amounts line to the Engineer in any
<br />way contingent upon the Engineer's signing any such certification.
<br />Corporate Protection. It is intended by the parties to this Agreement
<br />that the Engineer's services in connection with the project shall not
<br />subject the Engineer's individual employees, officers or directors to any
<br />personal legal exposure for the risks assonated with this project_
<br />Therefore, and notwithstanding anything to the contrary contained
<br />herein, the Client agrees that as the Client's sole and exclusive remedy,
<br />any claim, demand or suit shall be directed and/or asserted only against
<br />the Engineer, a North Carolina corporation, and not against any of the
<br />Engineer's employees, shareholders, officers co, di rectors.
<br />Extension of Protection. The Client agrees to extend any and all
<br />liability limitations and indemnification's provided by the Client to the
<br />Engineer to those individuals and entities the Engineer retains for
<br />performance of the services under this Agreement, including but not
<br />limited to the Engineers officers and employees and their heirs and
<br />assigns, as well as the Engineer's sub-consultants and their officers, em-
<br />ployees, heirs and assigns.
<br />Job-Site Safety. Neither the professional activities of the Engineer, nor
<br />the presence of the Engineer or its employees and sub-consultants at a
<br />construction site, shall relieve the General Contractor and any other
<br />entity of their obligations, duties and responsibilities including, but not
<br />limited to, construction means, methods, sequence, techniques or
<br />procedures necessarv for performing, superintending or coordinating all
<br />portions of the work of construction in accordance with the contract
<br />documents and any health or safety precautions required by any
<br />regulatory agencies_ The Engineer and its personnel have no authority to
<br />exercise any control over any construction contractor or other entity or
<br />their employees in connection with their work or any health or safety
<br />precautions. The Client agrees that the General Contractor is solely
<br />responsible for job-site safety, and warrants that this intent shall be made
<br />evident in the Client's agreement with the General Contractor. The
<br />Client also agrees that the Client, the Engineer and the Engineers
<br />consultants shall be indemnified and shall be made additional insureds
<br />under the General Contractor's general liability insurance policy-
<br />Scope of Services. Services nut set forth as Basic Services or Additional
<br />Services and listed in this Agreement are excluded from the scope of the
<br />Engineer's services and the Engineer assumes no responsibility to
<br />perform such services.
<br />Severability And Survival. Any provision of this Agreement later held
<br />to be unenforceable for any reason shall be deemed void, and all
<br />remaining provisions shall continue in Full force and effect. All
<br />obligations arising prior to the termination of this Agreement and all
<br />provisions of this Agreement allocating responsibility or liability
<br />between the Client and the Engineer shall survive the completion of the
<br />services hereunder and the termination of this Agreement_
<br />Shop Drawing Review. If included in the scope of services to be
<br />provided, the Engineer shall review and approve Contractor submittals,
<br />such as shop drawings, product data, samples and other data, as required
<br />by the Engineer, but only for the limited purpose of checking for
<br />ronfonnaree with the design concept and the information expressed in
<br />the contract documents. This review shall not unlade review of the
<br />accuracy or completeness of details, such as quantities, dimensions,
<br />weights or gauges, fabrication processes, construction means or methods,
<br />coordination of the work with other trades or construction safety
<br />precautions, all of which are the sole responsibility of the Contractor The
<br />Engineer's review shall be conducted with reasonable promptness while
<br />allowing suffinent time in the Engineer's judgment to permit adequate
<br />review. Review of a specific item shall not indicate that the Engineer has
<br />reviewed the entire assembly of which the item is a component. The
<br />Engineer shall not be responsible for any deviations from the contract
<br />documents not brought to the attention of the Engineer in writing by the
<br />Contractor and approved by the Engineer. The Engineer shall not be
<br />required to review partial submissions or those for which submissions of
<br />correlated items have not been received.
<br />Page 3 of 4
<br />~MCKW&CREM
<br />
|