Again???

OK. It happened again. I got beat on a job. Big deal right? Win some, lose some.

This time it is epic.

Friday I received a call from a person requesting a price to do a Lot Assemblage in Scottsdale.

Considering this is where my camp is I've done a few here.

I did my diligent research and proceeded to write up a proposal. I gave a price of 2520 to do the platting which is very reasonable considering Scottsdale is always a 3 time submittal and usually asks for some things that others do not.

(Note: I always put a clause in my scope that says the client is responsible for submittal's and meetings and if they want me to do it, it is my RLS hourly rate and I usually get the project with the hourly because they don't want to deal with the city.)

Scottsdale also requires an ALTA be submitted so I worked in a cost of 1500 for the ALTA which enabled me to give the awesome price for the assemblage.

I promptly sent it off and Saturday I received this message from the person.

"weird I have gotten quotes all the way down to $550 for a combing the 2 lots-- I do have a current ALTA that is 4 months old?  So I guess I'll just go with the quote that was $550.00"

Upon seeing this I was actually relieved. You ever have that gut feeling that tells you to run from a project?

I was also a little confused and massively amused.

I wanted to call them and explain that they are setting themselves up for a very bad experience but then thought to hell with it, let them find out on their own.

I feel confident that they misconstrued the other surveyors scope unless the other surveyor is a complete moron.

Today I am the luckiest guy alive because I lost a project that was priced professionally. On the lower side of professional truth be told.

Peace out and have a great week surveyors.

It's getting psycho busy out there!!!!

Safety

Last week it was public safety in my Scottsdale Leadership class.

All I have to say about this is, wow. My concept of what public safety really is, up until now has been totally under thought and now is receiving a lot of brain time.

First to the 2 MCDOT guys that got hit by a car a week or so back, I hope that they are doing well. They were very lucky and I hope they learned something.

So there I am playing in Southern and Broadway out in Laveen today. I was taking extra caution watching the cars.

In today's world of tecnology the surveyor's chance of survival has plumetted. We are the target with the orange vest that road texters do not see.

I have had more close calls in the last few years than I have ever had and I have spent plenty of time in the street.

I wrote about this last year.

I was standing in Shea Boulevard in about 1987-1988 flagging cars while the chief was digging up a monument. I kept flagging this particular car and he kept coming, I yelled bail and we all jumped out of the way. When the guy got next to us I Koufaxed the cone I was holding into the drivers door. When it hit, he slammed on his breaks and came to a complete stop and proceeded to glare at me. I pointed at him and yelled "F*ck you you dirt bag sack of shit, pay attention". He drove off very dismayed. My chief was cracking up and said "I can't believe you did that".

Then there is 16th street and Thomas. We were doing a huge panel job from Scottsdale Road to Grand Avenue. One day we were at the above mentioned intersection, we had a merge sign board that I was towing with a truck going and a long line of cones shoving everyone over. We were standing there eating lunch when all of a sudden there was a long thump thump thump etc. We look up and here are 2 black guys in a baby blue VW bug mowing down every cone we have, we scatter, they swerve and barely miss the sign board.

Again at the same intersection but 2 ladies in a 1972 +/- LTD. I am kind of fuzzy on the details but all of a sudden I hear tires and thumps and I look up in time to see this LTD do a full 360 in the intersection and keep rocketing down Thomas. All we knew it that we lost some cones and a tripon and I think someone may have crapped themselves.

There are many more things I can talk about but these have some humor, especially since I was laughing my ass off after each one, but they could have all been tragic.

What does the surveyor need to do to better protect himself?

For a start, always pay attention. Grow eyes in the back of your head. If it feels wrong then it is wrong. Just little things can save us.

I have heard rumor that other states RP out the centerline monuments and all of the control is on the sidewalks. I love this concept.

As the world becomes a place where people more consistantly have their head shoved up their own ass we are becoming sitting ducks more than we already are.

Do I have the answer for safety?? No. All I can do is watch out for me and hope all ends well.

Boundary Survey and a Big Ugh!!

So there I am last week doing a boundary survey around 32nd Street and Camelback.

I did a bunch of research and found some surveys in the area thanks to the guys at GDAC and using the official plat I calc'd everything and went right to town.

I arrived at the site and promptly found a couple of monuments and got started. The rear corners landed in an alley so I had to bail the block wall and do some recon.

I found all of the monuments and some adjoiners and everything checked real nice. I also located the walls and they even checked really well and everyone was happy.

Now I have spoken quite often about things that a person sees in the field and frankly I have come to a point where nothing surprises me and this particular experience lacked surprise but absolutely increased my amazement and I mean a WTF!! Holy S*&T!! kind of amazement. People can definitely be very wrong at many levels.

Below are some pic's I snapped while on site accompanied by a brief narrative of each thing.



1) How cool is this? When is the last time you saw a Sears Chain Link Fence?

I love this old stuff and really enjoy seeing it. It's a throw back to a simpler time. Kind of makes me feel warm and fuzzy inside.

2) I think it must be a pre-requisite that an alley have a gratuitous shopping cart full of porn. I support this on the basis that street people need porn to.

3) Now for the most disturbing of all things ever. The public restroom. UGH!!!

Yes that's right I said it. I  think every bum within a mile radius of this alley must dump here. All along my clients wall looks like this.

I was so thankful that the property corner landed about 5' East of that bent rebar. I dug around it with arms fully extended with a long nose shovel. Fortunantly no one pooped on it.

I will tell you this boys and girls, this amazed me and made me laugh. Where else can a person enter an alley, grab some porn and take a dump within 200 feet?

I wonder if they use the honor system on returns to the library cart??

BEWARE OF ALLEYS AROUND 32ND AND CAMELBACK!!!

CYA

I am a huge fan of CYA.

Most people that hire us fail to realize that we are consultants that hold professional status as opposed to being a contractor.

I have an addendum I use when a developer gives me one of his contracts that clearly states that I am a consultant governed by the BTR and am not a contractor and am not governed by the ROC and the word consultant replaces the word contractor.

They all have been ok with this so far.

In my every day contracts I have a page that goes out with every scope that the client is to sign and return.

I use this because it is a CYA document prepared by my attorney and it helps keep me and the client in line.

Only twice in the last several years have I had someone complain about it and tell me that they dislike it and it all revolves around the indemnity clause.

I understand that this could make a person somewhat nervous because they think that they will have zero recourse in the event of an error or bad situation. I get it, and it is very unfortunate that we have been forced to cover up. Actually this is kind of sad. I loved the days when a verbal and a hand shake did it all.

Because we hold professional status we automatically have a huge target on our backs. We are held to the same liability as a doctor or lawyer which means after a sue happy person burns through our company and our insurance they can attack our personal assets.

Think that one over, yes what I am saying is true.

So then comes the idea that we are way under paid. I personally carry 2 million in E&O and 2 million in GL and oh yeah another 1 million in auto. I pay through the ass for all of this just to attempt to keep myself safe and to ensure that the client is protected from me.

There is something fundementaly wrong with this picture!!!!

Below is the CYA sheet from my contract. Will you please have a look and please give me some feed back.

I am curious to see what my colleagues have to say.

TERMS: PAYMENT DUE UPON COMPLETION. 

No Third-Party Beneficiaries:  This agreement will not be interpreted as creating any right or benefit of any kind or nature whatsoever in any third party or class of persons who are not parties to this agreement or who are not expressly designated in this agreement.  Furthermore, no non-party will have any rights as against R.J.R. Surveys, Inc. or its affiliates with regard to this agreement or any services performed pursuant to this agreement.

Waiver of Jury Trial; Damages Limitation; Attorneys Fees:  The parties waive any right to right a jury trial, treble damages, consequential damages, and punitive damages.  The prevailing party in any dispute will be entitled to receive from the other party an award of attorney’s fees, costs, and expenses.

Indemnity:  The undersigned will and does hereby agree to fully indemnify, defend, and hold harmless R.J.R. Surveys, Inc. (including its respective partners, officers, directors, agents, employees, attorneys, and affiliates) against all claims, damages, losses, and expenses incurred by such entities and persons, including, but not limited to, reasonable attorneys’ fees, court costs, and disbursements (i) arising from the acts or omissions of the undersigned and its partners, officers, directors, agents, employees, attorneys, and affiliates that are the result of any  indemnifying party’s negligence or intentional acts and/or (ii) related directly or indirectly to claims of third-parties related to the services performed by or on behalf of R.J.R. Surveys, Inc.

Discretionary Arbitration:  In the event of a dispute arising out of this agreement or the services rendered pursuant to this agreement, at the election of R.J.R. Surveys, Inc., which election may be made in its sole and absolute discretion, such dispute will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association then in effect using a single arbitrator and occurring in the County of Maricopa, State of Arizona.

Non-Disparagement:  Notwithstanding anything to the contrary in this agreement or any other agreement between the parties, each party hereby agrees not to make, permit to be made, or facilitate or aid in the making of any public statement or disclosure about the other party, the contractual relationship of the parties, any dispute among the parties, or any matter related to any of the foregoing.

Personal Guaranty: By signing below, the signer absolutely personally guarantees the payment of all monies that may become due as a result or consequence of this written document.  That in the event the services of a collection agency, attorney or filed lien are required to collect any sums due, you accept responsibility for such attorney, collection and lien fees and pay 12% interest APR on any amount that goes unpaid more than 30 days past due

__________________________________________                              ___________________________________

Signature of Authorized Person                                                        Printed Name of Authorized Person

                                                                                                                               

__________________________________________                                             

On behalf of                                                                                                        

                                                                                                                                 

__________________________________________                                             

Date                                                                                                      

Method of payment: Please check one.

Check______              Cash____

  

Note: Files released upon payment in full.