Oswegatchie Fire Station Building Committee - Minutes - 08/06/2026

PHONE: 860-442-0553
FIFTEEN ROPE FERRY ROAD
www.waterfordct.org
WATERFORD, CT 06385-2886
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August 6, 2026 
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Pledge of Allegiance
Meeting called to order at 6:04 pm.
Members Present: 
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Robert Tuneski, Ursula Moreshead, Richard Muckle,
Elbaum, Rocco Bracciale (6:30pm).
Wayne Gilpin, Matthew Blankenship, Kathleen
Members Absent:
Timothy Sullivan, Paul Rafuse.
Guests:
Susan Driscoll, Steve Smith, Eric Cantar, Kimberly Allen, Finance Dir
Chris Haley, Director Fire Services.
ector; Nick Kepple, Town Attorney,
Public Comment:
None.
Opening Remarks:
Steve will talk about the schedule and we are hoping they can close the building in by winter so they can
keep working on the inside throughout the season. He will also speak about the Barton and Loguidice
request for additional funds and the construction schedule.
Ursula Moreshead: | spoke with Tim Condon and he sent a letter to Robert Brule, First Selectman,
regarding the subcommittee. | wanted to bring this letter to everyone's attention.
last night. Let’s move this to New Business and if there is no
Robert Tuneski: | received this lettet late
have there and we will pick this up and
opposition to that, we will go through the rest of the things we
discuss it with Attorney Kepple when he arrives.
Review and Approve Minutes:
Motion: by Wayne Gilpin and Kathleen Elbaum to approve the minutes of July 16, 2026.
For: Yes (6), No (1— Ursula Moreshead)
The minutes of July 16, 2026, as amended Ursula Moreshead’s comment that she abstained to
the minutes even though it is listed as unanimous as amended by that comment.

tnvolce Payments:
Motion: by Rich Muckle and Ursula Moreshead to table the Downes invoice #048 in the
amount of $13,903.00 until Steve Smith arrives and we are able to discuss this
For: Unanimous.
There were no questions for Steve Smith on the Downes invoice.
Motion: by Kathleen Elbaum and Matthew Blankenship to approve Downes invoice #018 in the
amount of $13,903.00.
For: Unanimous.
Second invoice is an Application for Payment #2 in the amount of $182,927.25. We will take the
same course of action not looking to entertain a motion only because we have a precedent for
the first motion so we will just use that precedent to cover the second invoice.
Steve Smith: this is a standard application for payment that is associated with his contract with
the Town and standard with construction projects, He created a schedule of values, which are
all the backup pages on here, these are ail the items that he owes for that project. We make
them break it down to that much detail so we can so we can effectively look at it and say that
percentage for that piece of work makes sense. 
| am certifying that it is correct and Eric is
counter certifying that it is correct and then we are submitting it for payment.
Motion: by Rich Muckle and Wayne Gilpin to approve the Application for Payment #2 in the
amount of $182,927.25.
For; Unanimous.
Old Business:
None.
Current Business:
None.
Construction Schedule:
Construction schedule review: Eric Cantar stated that things are progressing smoothly and things are
moving well. Our traffic engineer still has not heard anything from CT DOT, so they are going to the next
level to expedite a response as to the comments that they are supposed to be receiving back, There is
also a utility pole, which is part of the encroachment permit for this project which we have gotten
comments back on our application for and we are working on responding to. We are working with a
representative from Frontier to try ta get him to send us a letter stating that they own the pole, which js
DOT’s main issue with the encroachment permit. The Frontier pole more than the traffic light pole may
risk impacting the schedule. 
.
Steve Smith: they are doing footings and walls and expect to have steel onsite October 1* to start
putting the structure up. Between now and then they will finish up foundation work and start on
underground piping work within the building and then we will put the steel up and pour the slab. They
are in line with the schedule that they have right now.

New Business:
A request from Barton & Loguidice for Additional Funds for Phase III Soil Investigation/Soil Management
Plan. That is also being represented by Steve Smith, there is no action on this tonight.
Steve Smith: the contractor received the analytical testing samples back. In between, he sent a note to
Shea Davey, Purchasing Agent, that they will have additional services coming up. Shea forwarded that
to me and | returned that back to him for additional information, which | did receive. 
| went through it, |
do have additional questions for the contractor. That is what | want to clarify with him and come toa
number that makes sense. Probably next meeting, | will be presenting this to the committee as a
recommendation to pay.
Ursuta Moreshead introduced a letter written by Tim Condon and sent to the First Selectman, Kim Allen,
Bob Tuneski, and Attorney Kristi Kelly.
Attorney Nick Kepple: in light of the fact that this item is not on the agenda care needs to be taken to
be mindful that it was not on the agenda and not noticed and in my view there can be a discussion
about it. | think the discussion should be limited and certainly notable. 
| received this letter yesterday,
from Dave Campo. Ina word, Tim’s raising the question of propriety of the change order subcommittee.
He questions whether under the ordinance such a delegation of authority to a sub group is proper. He
also raises concerns about FOL. He expresses, in strong sentiment, that the RTM took pains to appoint
balanced representatives of nine people they delegated to that group, they didn’t delegate to have
certain parts of the building committee’s authority further delegated to a sub unit of the committee. 
|
Gid just receive this yesterday and { have not had a Jot of time to do a lot of research on it. What you
will have to do is take this up at another meeting when everyone has had a chance to review Tim’s letter
and then | will give you a more complete analysis. Maryellen will send out a copy of the letter to the
committee tomorrow morning. Bob Tuneski: so no action tonight and is it reasonable to ask you for a
legal opinion at the next meeting that we can work off of and base our decision making on this?
Attorney Kepple: yes.
Ursula Moreshead: Tim Condon reached out to me because he knew that | was the lone “no” in the
room, as | was talking to him today to get some clarification there are things that | want to say | would
like reflected in the minutes. Where he is coming from is where ! am coming from. | understand that
subcommittees are used regularly for jarge projects, as an RTM member { have to remind myself that
this project is being funded by tax payers, My concern was that would it be $50,000 per total or per
problem, which was not clear. Also, there was no definition of what constitutes an emergency, which |
agree with Tim in this. There was no establishment of who takes minutes, who submits them to the
Clerk and finally the thing that | was thinking of the most was that the subcommittee takes away votes
from all the members, I can attend, but | have not voting power. it is not a full committee vote, even if
I'm the only “no” vote, | have no say. Those were the thoughts | was having after talking with Tim
before and after. | am speaking out because | do not want money spent frivolously, 1 think we are all
doing this in a fiscally responsible way. Whether it is 
a committee meeting or a subcommittee meeting
you still need 24 hours for a public notice, | find it very hard to believe that we couldn’t get a quorum for
a special meeting to approve additional funds. Bob Tuneski: Would you entertain a telecom meeting
for that? Ursula Moreshead: absolutely!
Bob Tuneski: so we did vate on what the committee looks like, we did talk about a dollar amount. Steve
at a prior meet submitted a potential procedure for doing it. We have not voted on that, so in my mind

that was an open aspect of whole thing. How are we going to do it, what constitutes an emergency,
what’s going to enact this. 
| asked Steve to send a copy to Attorney Kepple and let him weigh in on what
he thought it should look like if it is going to be. Hopefully, if we decide to go down this path after you
rendered a legal opinion, the loop holes you are talking about are addressed.
Steve Smith: coming back to contaminated soil with B&L. We have to register the project with DEEP, as
we do have issues with soil onsite that requires a point of contact to be filled out in a form by B&L to
DEEP. The First Selectman is in DEEP’s system as he was the point of contact for the DPW project and 1
am looking for guidance as to who that person should be. Bob Tuneski: We will list this on the next
agenda and vote on it for the next meeting.
The next meeting will be held on Thursday, August 20, 2026 at 6:30pm at the Police Station.
Motion: to adjourn by Ursula Moreshead and Wayne Gilpin.
For: Unanimous
Meeting adjourned at 6:55pm
Respectfully submitted by:
Maryellen McConnell, Recording Secretary

DATE: August 5, 2026
TO: First Selectman Robert Brule, Town of Waterford
Sit,
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| am writing to formally express my concerns regarding the Oswegatchie FireisRion Buia
Committee’s July 18, 2026 vote establishing a three-member subcommittee ehipdwerép tio
approve construction change orders up to $50,000, as reported to the RTM at dbr meBing
August 3rd, 2026.
aY03
In speaking directly with members of the Building Committee following that meeting, several
expressed that their true intention was simply to find a practical solution for job-site emergencies
to prevent costly construction delays. | appreciate their desire to keep the project moving
efficiently, and | recognize that the committee was acting in good faith to solve an operational
challenge.
However, a critical disconnect exists between that intended purpose, focal ordinance, and what
was recorded in the official record. Under Chapter 2.88 of the Waterford Code of Ordinances,
the Representative Town Meeting (RTM) established this Building Committee as a carefully
balanced 9-member body representing the various elected boards and bodies to the fire service
both career and volunteer as well as members of the public all of which were to hold full
fiduciary and operational oversight over public funds. The RTM entrusted this project to the
complete body—not a subset. Delegating $50,000 In spending authority to a three-person panel
conflicts with Chapter 2.88 and the RTM’s clear intent, which | believe the committee lacks the
statutory authority to redelegate its legislative mandate or alter its voting quorum.
While members may have discussed handling "emergencies," the official meeting minutes
contain no requirement restricting this $50,000 authority to emergency situations, nor is there
any definition of what constitutes an emergency. Further what the record does reflect is not an
emergency but a desire not to have lengthy meetings as stated on page 3 of the July 16th
meating minutes by Steve Smith “when this thing is ranning we have 20 change orders, we
could be here till 2am.” As written and recorded, the vote grants blanket, discretionary
approval power for any change order up to $50,000. This suggests that the motion as recorded
may not fully reflect the committee’s nuanced intent, creating a dangerous precedent on paper
that far exceeds what members thought they were authorizing.
Moreover on the motion itself, the committee set a $50,000 threshold per change order,
however thay set no cumulative ceiling which may result in a few Individuals binding the Town to
hundreds of thousands of dollars. One can see how this creates immense fiscal risk and
possible negative public optics.
As captured appropriately in the meeting minutes subcommittees are distinct public bodies
under Connecticut FOIA laws, requiring 24-hour notice, agendas, and formal minutes for every

session, This leads to a few thoughts, firstly If 
a member of the larger building committee were
to attend a sub committee meeting who was not appointed to this subcommittee they would
have no right to vote, which again | believe is in direct conflict with the RTMs intent. Second a
committee of three means only 2 members are necessary for a quorum completely destroying
the crafted balance by the RTM. Finally relying on small subcommittees may tead to informal
communications, creating unnecessary legal vulnerabilities for the Town.
It appears the committee’s motion was either incomplete, in violation of Ordinance 2.88 or
imprecisely recorded relative (o its actual intent. | respectfully urge you to work with Town
Counsel Kristi Kelly, Finance Director Allen, and the Building Committee Chair Tuneski to review
this matter. Rescind this subcommittee and reaffirm that all financial decisions and change
orders remain with the full 9-member committee as mandated by Chapter 2.88 which will
ensure the project stays on track while fully safeguarding taxpayer funds and respecting the will
of the RTM and the public they represent.
Thank you for your teadership and attention to this matter.
Respectfully, 
_
ees
Tintothy Condon
Representative Town Meeting
District 1 Representative
ce:
Town Counsel
Director of Finance
Oswegatchie Fire Station Building Committee Chair
RTM Moderator

DOWNES
CONSTRUCTION
200 Stanley Streat
New Britain, CT 06050
860-229-3755
Invoice To:
Town of Waterford
16 Rope Ferry Road
Waterford, CT 08385
DATE: 
July 31,2026
INVOICE {D; 
25010582018
INVOICE NUMBER: 
018
Send Paymant To:
Downes Construction Company. LLC
200 Stanley Street
New Britain, CT 06050
Alin: Accounting
CONTRACT ID: 
25-01-0552 
CUSTOMER ID: WATERFORO
Oswagatchie Fire House 
PO &:
LOCATION:
hem 
Beserption 
Contract 
Percent 
Totat 
Previous 
Tota! This 
Balance to
fa 
Amount 
Complete 
Bitlea 
Billed 
Invoice 
Finwsh
s000Preconstruction 
77,930.00 
100.00 % 
77.920 00 
77,930.00
1010Construction 
270,031.00 
38.88 % 
404,936.00 
91,032.00 
13.963 00 
185 096.00
1020Reimbureables 
10,000.00 
19 000 00
Total 
| 
987,681.00] 
81,09 | 
102,005 oa] 
168,982.00] 
13,903 00 | 
175 098.00
Contract Summary
Original contract amount 
387,961.00
Appraved changes 
0.00
Revised contract amount 
357,961.00
invoiced to date 
182,865.00
Remaining to invoica 
175,096.00
Percent billad 
51.09 %
Retainage balance 
0.00
Submitted by: 
Date:
4* bape reer 
Sonn san
Steven Smith moras

[) DOWNES CONSTRUCTION
Oswegatchie Fire Station
OPM Schedule of Values - Construction Phase
Month 
Invoice Value
Invoicing thru June 2026 
$91,032
July 2026 
$13,903
August 2026 
$13,903
Septmeber 2026 
$13,903
October 2026 
$13,903
Novmeber 2026 
$13,903
December 2026 
$13,903
Januray 2027 
$13,903
February 2027 
$13,903
March 2027 
$13,903
April 2027 
$13,803
May 2027 
$13,657
June 2027 
$12,706
July 2027 
$12,706
August 2027 
$1,000
Construction Phase Total 
$270,031

APPLICATION AND CERTIFICATION FOR PAYMENT 
AJA DOCUMENT 6702 
: 
NOOO 
) PAE
TOOWHER: 
—Toanol Waterford, Conmactaul 
PROJECT: Oswegetetis Fre SteLon 
APPLICATION NO; 2 
Otstibution to:
15 Rope Ferry Rosé 
A44 Boston Post Rosd 
OWHER
Wetedord, CT 06388 
Watartord, CY 05385 
ARCHITECT
PERIOD TO; 2.34-25 
CONTRACTOR
FROM CONTRACTOR: 
VIAARCHITEGT: Sitver Petrucalli + Associates, Int,
A. Seoondine & Son, ine. 
3190 Whitey Ave
24 Aco Road 
Hamden, 
CT 08518
Branford, GF 08405
CONTRACTOR'S APPLICATION FOR PAYMENT
Apptee fon mete bx paymoal es chown below, hr eqmection wit he Contrad.
Cantinuabon Sha wl, ALA Docun20l 0703, is tached,
1, ORIGINAL CONTRACT 6UH 
$ 
FIEMOOT
2. Hot chengo by Change Orders 
3 
$0
3. CORTRACE SUM 
TO DATE (Ling £2 4 3} 
3 
$ 
THESOND
4, TOTAL COMPLETEO & STORED TO 
$ 
248,582.00
DATE 
{Ceduna G on G70)
3. RETARAGE:
a 
$ ol Connphated 
Work 
$ 
$627.25
{Coben D +E on G703)
% 
Kol Stcrnd Netertyd 
'
TORGAE on O73}
Total Revenge 
UUnas 6a + 6b or
‘Youtin Colma fof 6203} 
3 
B82 
75
6. TOTAL EARNED LESS RETANAGE 
3 
237 92.28
{Una $ Leas Lino 6 Toth
7. LESS PREVKHIS CERTEICATES FOR
PAYMENT (Lina 8 from prior Cartitcate) 
‘ 
$497.00
3. CURRENT PAYMENT DUE. 
t 
W297 25
§, BALANCE 
TO FRHISH, INCLUDING RETANAGE 
$ 
FANAISIS.
(Line Sista this 5}
CHANGE ORDER SUMMARY 
ADDONS: 
OCEDUCTIONS
POTENGI a
bh previous montha by Oenae
Tole approved tin Moo)
TOTALS 
$000 
$0.00
HET CHANGES by Charps Order 
0
Tha yadoealgead Contrecay cerita Bul to na bast of fhe Convactar’s hnowiedps,
odoxmation and ballet the Work covecad by tis Apphcaon tar Paymoodt het been
‘Sommgteted 
ln ecoards40) nit fro Contract Doournsals, 
hat a3 smsbunts 
heve been pald by
the Contacte for Work bor tich prendoua Carfteates fot Payment wove tssved ond
ayo recelred from Un Oneal, nod Get even! payemen bowen herela is now dee.
CONTRACTOR:
By. 
LA ’ Mem dbono 
Oxia 
Anh 
3, 2028
batescout
Sits ok 
County 
of Rens Haver
Bubteriad and srarn lo belors ma hit 
~ 
wed 
dayA 
—Auhyt 2028.- MARINA J MARKOWSHL
Holacy Public: Maedna J, Mackowaht 
Rotary Public
Connacticut
My Coeesdaeion angites: 
UBL
ARCHITECT'S CERTIFICATE FOR PA 
‘
In eccordance with the Contract Documents, based on on-gite obsecvadions and the data
competsing the application, the Architect cestifies 
(0 the Ovvnct that to the best of the
Architee€s knowtedge, mformsitfon tad belief the Work has progrsssed as sedicated,
moistion Exptres Jan 31, 2034
tho qaality of the Work ix in accordance with the Conteact Documents, and the Contratior
is entitled to payment of the AMOUNT CERTFIED
\92.427, 26
fAtisch espionotion Pamorest cerified differs forces the amoueit oppiied. Initial 
alt figures on Bus
Continuaston Sheet shot ore changed (a confora with the amount certified)
AMOUNT CERTIFIED 
$
Contisctoe named herein Issuance, payment and acceptance of payme 11 are without
prejnatce 19 any cgnis of the Gomer of Lonieactor under tla LOnteat
WASCOUMENT 
OF NTUCLTERNS CETCANONTOR FATAL WTI LOTOH AA OFS
‘We ATK R WA IIE OF MACHETES TR, 1799 EW TORRE Re, TY. ASG 
Pd 8 CON SITE
ary may oth ARAEAAP a INEM DOKI RING GYAN 
DOH PENH ae 
A REDE SOTA ECHUARAUAREMOA CRM Ity From ihe Licenes, 
fee 0606

CONTINUATION SHEET 
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CONTINUATION SHEET 
AIA DOGUMENT G703 
i
Ris Orconrk G02, APPLICATION 
ANG CERTIFICA OR FOR PATIENT, contatig 
; 
APRUCATION ND, 
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coraeacioes Used cxcifcateay atiched, 
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APPLICATION DATE: 
My BD
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CONTINUATION SHEET 
| 
tA DOCUMENT 
G703
58 Decurnanl O72, APPLICATION AND CERTIP RATION FOR PATIIEHT, conletog 
Ye 
te 
7 
APPRUCATION RO 
e
Consrrcne Nyred certkemn a etched, 
—_ 
APPLICATION DATE | 
MBO
a titsaacon 
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CONTINUATION SHEET 
| 
ASA DOCUMENT G703 
i
LALA Qoaprard 
GR, APPUGATION A} CERTE CATE FOR PATHELNI, 
cost beg 
{ 
APPUCATIONND.
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pnd carUtcaten be peat. 
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CONTINUATION SHEET 
[wa nocument 6703 
:
ask Doane G17, APPA ICATION HO CERTIFCATION 
FOR PAYWERT, contntieg 
4 
TERTERTION TO, 
-
. 
: 
: 
APPLICATION DATE: 
HM B0%
POswagatehta Fies Sutton 
PERIOO 10; 
hay 
31, 2076,
| 
. 
PROXCH. 
MAY 31, 2026
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CONTINUATION SHEET 
jl 
LAA DOCUMENT G703 
i
JPA Corner 
O10), KP CATION SHG CERTIFICATION 
FOR PANMEHN Contatriny 
; 
F 
. 
APPULATION BO. 
a
[Ceaackr’s toad carer aon ts ad acted, 
| 
| 
, 
APPLICATION DATE: 
RYE
[H Liasspond bedow aerate 
1taeg 1 he peat ooeae, 
JOswegatch's Fira Slatton 
i 
PERIOD 10. 
My, 2028,
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CONTINUATION SHEET 
JIA DOCUMENT 
G70)
PAA Docenenl O12, APFUICA TION ANG CERTIEICALION 
FOR PAYMENT, cortiitng: 
H 
APPLICATION NO. | 
2.
Contactors Syed cements Rochas, 
i 
APPL CATION OATE: 
dey 
2S 2026,
a bcd Bete, wcualt ale tacos 
bo he casey Gt 
: 
Cgwegatchte Fire dtetion 
PERIQU IO 
YH, 206
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: 
PRORGE 
MAY 
YE 2826.
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WORK COMPLULED 
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Ayo 
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July 30, 2026
Shea Davy
Purchasing Agent
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
Re: 
Request for Additional funds for Phase lil Soil Investigation/Soil Management Plan
441 Boston Post Road, Waterford, CT
File: 
708.7545
Dear Ms. Davy:
We are asking to increase our initial approved cost estimate fram $28,750 to $36,250 for the referenced
work scope above, Our underestimated items included the final teport/remedial plan and the soil
management plan, Due to the sample results that required state notification on REACT, additional time
was needed for CTDEEP correspondence, discussions, and regulatory review applicable to the Site.
if you have any questions, please contact me. We appreciate the opportunity to be of service to you.
Sincerely,
BARTON & LOGUIDICE, LLC
oe
—
Ox he, 
YO ant. 1 Bynse
Brian McCarthy tEP 
Mark Zessin, PE
Lead Hydrogeologist 
Senior Vice President
BM/scd
Attachments
Authorization
Barton & Loguidice, LLC (“Engineer”) is hereby authorized by Shea Davy (“Buyer”) to proceed with the
services described herein in accordance with the attached Terms and Conditions.
Shea Davy-Purchasing Agent 
Date
Town of Waterford, Connecticut
The experience to
listen
Tha power lo,
Solve’
gay

Attachment A
Standard Terms and Conditions

STANDARD TERMS AND CONDITIONS
for
PROFESSIONAL CONSULTANT SERVIC
provided by
BARTON & LOGUIDICE, LOC ("Coatultant")
s
fhe OWNER and the CONSUI TANT, for shemseives. thew succesyors antl aoign have
mutually agreed and da agiog with eich anther as fullows
1.9 
Baste Agreement
Consultant shall provide. of cause to be provided, the Services set forth in the proposal
{PROPOSAL } to which these tenuis and conditions ate attached and Owner shall pay
Cansultant for such Stevices as set forth in VROPOSAL, 
The PROPOSAL, in
conjunction with these terms and condutons is referred to herent aa’ Agteement”
2.0 
Generst Considerations
A 
Vhe standard 
of care for all professional or related scevices peifosmed on
furnished by Consultant undir this Agicement wall be rhe cate arid skell ordinatily used
by members of the sudjcet profession practicing under sunsler circumstances a the same
fime and in the same localty Consultan makes ao wastaities ¢xpress or imtplicd, under
Hees Agreement on otheswise. in connection with Consultant's services.
BH 
Consultant shall commence to provide us services upon the (ull executias of
this Agreement and shall provide those services within # reasonable dime, Inne event
shall Consulunt be abligated to perfann services on 4 sehcdule which, in the
Consultant's professional judgement, docs not pravate Consullant sufficivot ume to
perform in accordance with the aforesaid aandard of care
© Alldesiga documents prepated ut furnished by Consultant are instrument: of
sersted. And Consultant retains an ownership and property iaresest (ineliding the
copyright and the fight of reve) in such documents, whether of not the Pecjectss
conipleted Consultant grants Ovenes n linted license to use the instruments of service
exclusively (1) perfomance of design of operation, (2) for Project construction as ts the
intcaded purpose of the documents, and (3) fot the purpose of maintenance and rojas of
the Prazcet, 
of (4) other documents reports, details and plans a5 defined in the project
Scope of Work
YD. 
Cansultant shall not at any ume supervise, direct, of have control over any
conteactor’s wark, nor shail Consuliant have authonty aver or responsibility for the
mxcans incihods techniques, sequences. or procedures of construction selected of used by
any cumractor, for safety precautions and programs eacidenl to a contractor's work
progress, nor for any farluse of any eunitactar 19 consply with laws and regulanons
applicable to contractor's work
1. 
Consultant nether guararices the perfonuance af any conteactos ant
aysunks cesponsibifily for any contzactar’s failute to furrtsh and perfor its work in
accordance with the conitact between Owner and such contractor
£ 
Consultant shall not be responsible for the acts or ommsshins of any
contactor subcontisctot. 
or supplier, of of any comiacto § agents of einployess uC Any’
other persans (except Consultant's own empluyces) al the Prasect sete ut otherwise
farushing 0 
perforenng any construction work, of for any deemons regarding, of
anterpretanions of clanfications of the cunstruction centtact of tastnuments of Service
tnady by Owner ot any dhitd patty withavt the advice and consifiaton of Consubiant
G 
Ifthe Construction Conuaet Documents specificaliy require the Conuactar
fa prowede professional design services ot certifications by a design professional related
fosystems matenats, 
or equipment. the Consultant shall specify the approprinie
tetlormance and design corer that such services must satisfy. The Constiltaat shall
feview and lake apprepriuie achon on Shop Drawings and other subme(tats related to the
Work designed or <eitified by the Contsclor s detigo professional, provided the
submittals bear such professtonal's weal and signature when subniitted to the Consultant
(he Consultant's review shall be for the limited purpose of checking for confonaance
with raformation given and the design concept expressed ia the Contiacs Documents Fhe
Consultant shall be enuticd fo rely upon and shall aut be responsible for. the adequacy
and acemacy 
of the services. verifications, and approvals perforaed or provided bv auch
desiga professionals
No 
Kates otherwise included under this Agroement, the panies acknowledge
that Consultant s scope of services does oot include amy sen ices telated ta. Hacardous
Environmental Condilvun (the presence of asbestes PCD petrofeuas, hazardous
substances or wate, and tadtuscisve materials) Chvner represents t Comseliant dat i
the hest of ns knowledge. 9 Hazardous Lnsstonmental C andition doce not exist at the
Site, except as expressly disctosed ta the Consultant in weiting. [f Consultant or any
othet party encounters a Hazardous Lavironmental Condition Consuliant may at is
‘option and withav! fiabiluty for consequential oF any other damages, suspend performance
wf services on the portion of the Project affected thereby until Gwace, G) retains
appropiate specialist consultants of contiacions 
to wentify and, as approprinte. abate
Femediate, or remove the Haasrdous Enviconmentad Condition. and (it) warratts that the
Site 15.1 full comphance with appltcable Laws and Regulations
1 
‘The services to be provided by Consultant under this Agreement [O NOT
INCI UDE advice of cocommendattons with reipect 
to the nauance, steusture herung,
terms vf any othee aspect of munreipal secures municipal denvatives, guatanived
divestment cuatfacts or mivesiment slemegics Any opinions, advice, information et
Jecommendations provided by Consulinnt ars anderstoud by the panies to thus Agrecinent
tn be sincily enyincenng of other technical opintons, advice, infosmmmnian at
Icconimendations Consultant is nota ‘manrccpat advisor 
as defined by IS USC 
280-4
ne the relied pubes of the Securities and Exchange 
Conuntisston, ‘The other parties in this
Agteement should determine sndependeatly whether they requite the services of 6
mumeipal adyssos
3 
The Consufiant shall nut be requited (o cxccute certificates, guarantees,
wartanti¢s or make representajions that woul, in us professional udgment, sequite
knuwlhedge. services oF responsibilities beyond the seope of this Agreement
K 
Whee tuansmuttiag 
stems in etectronic medie ot digital (otal the
ttansmitting party makes no tepreacatationt as to long eter Compatibility, asabihty. oF
eeadability of the tems resuling fom the recipient's tse uf software application
packages. operating systems. or computer hardware differing from those wsed in the
Grafting of Wansmitial 
of the dems. ov from those established in applicable iraqsantial
protocols
' 
Fo tie fullest esteat perontted by tats Onner and 
Ctauiliant [22 9 ane
fgaing each other and the athey’s employer's alficers, detections, agents. insures
Bittoess. sad cutsultants, any and alt chin for or comtement iy special mentee sat
ladsecet, of censcquenteal dainages agsing ont of, resuluing fiuin, af in any tay rebsted ss
the Progect. and (2) agece that Consultant's total habilily 19 Gaaer wader this Ayecemont
shall 
be fennted to $100,000 
uF the tusal atnount of compeasation received by Commun
pursuant to thy PROPOSAL whichever is gieater, (he “Limitation Anau’) and
further. in ba cvent shall cbe Leeuitation Amount exceed the amount nf hahikty trsatianc
proceed actually avaliable to the Contvaltint for the lain at sue at the ante of
sefitement or fysal judginent dct of any’ anal all expeuses paid 6 incutted on the fan +
teste payrocnsts made oF incuced is cones (ion with viker claiun nade agave ty
Cunultanr ur any other cecumitances which may 
reduce, impair, of clamaae the
overafl availability 
of such tosutoave lo the Consultant {1 is atended that thye
Jumeavioas apply to any and all babsity or canse of action
3.0 
Payment for Services
Consultral will prepare a monthly invotee an accontance with Consultant's standart
hivesting pyactice and submit the invoice to Owiter, fnvoices are due and payable wilust
30 days ofthe dace of the invoice. Constant may wohowt tehility, afer giving seven
days wrrten notice to Gunes, suspend seevices trade this Agreement unnd Conuttaat hav
been paid in fall all smaunts duc for services, expenses. and ulher related charger
4.0 
Additional Servives
Additional scevices nay be requited in Comyhant’s professional judgenicat because af
changes in the Pro cet, of unforeseen circumstances, “The Cansultany shall famh
servercs in adtnicn to those set forth in thy PROPOSAL if atoiy ageeod by Osunge
and Cansulignt 
Quenct shall pay Consutiant for any Additional Services 
grow ided ay
folhwes (]} ay may he mutually agreed tw Hating, oF (2) ihe abyyney of a neal
Ayfceenent an anHrnt coun to the cumnulatve hours chaged te the Project by cnt
inember nt cach elasy of Consultant's employers engaged m provideng the Additenal
Services umes the Consultont’s hourly billing tates for cach apptivable bling claw ia
effect at the tume the Addisinnal Seevices ate pes fosmid: pls clnibuy sable eapeasys aint
charges for Consultant's Subsospulianty, if any.
8.0 
Dispute Resolution
Owner and Consultant agree to negotiate all diputcs ketycen them in good tant fora
pernod of 30 days Irom the date af notice by either party of the existence of the chismete
Ifa dispute involves mater athet than a claim by Consultant for pa
partes fail to resolve the dispute thraugh acgotialion dicn Owner aad Canstiant agiee
Rint ibey shall first submut any and all such uascaled claims, ceunteredaimy dnptites soe
piher wnatters in question between them arising oul of 
or relating ta this Ageevanenss at this
breach thercof { Disputes’ ) to mrediatton by a mutually acceptable mediator Gaver and
Consultant agice to pathespaty in the mediation process in good faith and ta share the cos
ofthe mediatton equally The proouss shall be conducted ona vontidental basin and
shall be compleicd within [50 days of the date of noice by either party af the existent
ofthe dispute 
H stich mediation is unauccesatul in resolving a Dispute, tee Gthe
Panis tay mutually agtee to an alternative dignae sesulution af decie chewes wt OF
eathet gany may wek to have the Dispute tesofved bya caurt af competent aisdatuss
6.0 
Aceruntof Claias
AY cavses af action between the parics to tis Agicement inchiding those periaiog to
acts, farlutes to act of faylutes $e perform in accordance with the obligauuns ofthe
Agicement or faliues te petform in accotdance wilh the standard af care shalt be dectned
to have accrued and the appheable staintcs of loautattons shall commence «6 fn nog baeee
than esther the date of Substantial Cunspletion for acts. farhutes fo act or failures
Ber form eceurnag prior te Substantial Completion of the datz of duane of the Notice
of Acceptabihty of Work fer umifae noace of the final completion of she Hage) far
acts, falures to act or Cadures to pet lornt eccurring afise Substantial Conipheuor
7.0 
Controlling Law
Gis Agreements ty be governed by the Law of thy state in whieh the peopel 6 fovnted
4.0 
Successors, Sasigns, and foneticiactes
‘Onenet 
and Consuliant each 1s hereby bound and the paitests, successes execute’
adiunistratars anit legal reptestatstives of Owaer and Couullant Gutd ty the event
pennitted heres the assigns of Owes and C onsuliant) ate hereby bauasd ww the pther
party to this Agreement and to the pariners, successors caccutiogs, adramustcaters 
said
legal representatives (and said assigns) 
af such athes patty. bn respect of nT 
roveanes
agreements, aad obligations of this Agiccoint, Neither Owner ner Cuntsutant anas
asitgo, sublet. ar iransfct any nights uadst or interest (including, but weethuus huadatinn
moncys that are duc of may become duc} in this Agreemeti wihous the wnten cons
ofthe other except to she extent hat any assignment, subletting, of Lasser ts einducd
ot resiicied by law Unless specifically stated to the conteary in any serunicn canuent te
an assignment no asagnmient wll release or dischasge the assignor fom any duty o7
rexponalhty under they Agteement 
Hus provision chall ws: preclude Co