SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

ee ii I Genera! Contracting and Consulting Services Agreement Wright#: 98-4216-P March 25, 1998 5. Compensation (a) Client shall pay Contractor compensation for services rendered hereunder as indicated in proposals payment schedules and work authorizations in accordance with Contractor's declared unit prices, fixed fees and as shown on standard schedule for Time and Materials basis work. Contractor's current fee schedule is attached to work authorization one (1) which may be revised at Contractor's discretion after thirty days written notice to Client. The aggregate amount payable to Contractor for services rendered and expenses incurred hereunder shall not exceed the amount authorized in work authorizations executed from time to time by Client, without prior notice and approval of Client. (b) For fixed fee, unit price and time and materials basis agreements Contractor shall submit bimonthly invoices to Client for the work performed. Each invoice shall contain a description of work performed during the period covered by such invoice and a list of expenses for which Contractor claims reimbursement. Each invoice shall be due and payable in full within thirty calendar (30) days without retention, unless within ten calendar (10) days from the date of the invoice, Client notifies Contractor in writing that it disputes an item on the invoice. If Client objects to any item charged on any invoice, Client shall give its reasons for objection and pay that portion of the invoice that is not in dispute. (c) A late payment FINANCE CHARGE will be computed at the highest legal rate of interest compounded and calculated to the nearest day, and will be applied to any unpaid balance, commencing 30 calendar days after the date of the original invoice 6. Termination (a) Client may terminate this Agreement by giving ten (10) days written notice to Contractor. Contractor shall stop work immediately upon receipt of termination except to the extent necessary to demobilize and to properly terminate and secure field work in progress and Client shall pay Contractor for all work performed in accordance with Paragraph 5 hereof. (b) The rights to terminate shall be in addition to, and not in lieu of any other rights and remedies the parties may have at law or in equity. Nothing in this Agreement shall be construed to after waive, or effect any lien or stop notice rights which Contractor may have at law for the performance of services under this Agreement. 7. Client Cooperation (a) Client will cooperate in every way and manner with Contractor on the Project. Client will make available to Contractor all information available regarding the conditions of the Site(s). Client shall immediately transmit to Contractor any relevant new information which becomes available concerning the Sites) or any change in pians for the project. Client shall provide a representative at the Site(s) or readily available by mobile phone for coordination when required by Contractor. Each of the parties shall execute and deliver, or cause to be executed and delivered such additional instruments and documents which may be necessary and proper to carry out the Project. (b) Client shall provide Contractor, its agents and subcontractors,access rights to the Site(s) at no charge to Contractor unless otherwise specifically agreed to in writing by the parties. If any off-site(sr investigations are required, Contractor shall obtain and provide access rights as necessary or Client shall authorize Contractor to obtain adequate information which delineates the property boundaries of any Site(s)to which Contractor is granted access on behalf of Client. (c) Client shall locate for Contractor and shall assume responsibility for the accuracy of its representation as to the locations of all underground utilities and installations. Contractor shall not be responsible for damage to any underground utilities or installations not so located. Any damaged utilities repaired by Contractor will be billed at cost plus 15 percent to Client. 8. Insurance Contractor shall, during the term of this Agreement, maintain statutory worker's compensation insurance, employer's liability insurance covering bodily injury, property damage insurance up to $1,000,000 per occurrence and $2,000,000 in the aggregate; and commercial general liability insurance up to $1,000,000 per occurrence and $2,000,000 in the aggregate. State Compensation (Workmans Compensation)as mandated and Automobile Insurance; $500,000 each accident, $250,000 Bodily Injury (each person), $100,000 Property Damage for each accident, and Uninsured Motor Vehicle Coverage - $100,000 each person, $300,000 each accident. Additional insurance on a project or contract basis requested by the Client, if available, will be provided at the Client's expense. Contractor shall, upon Client's request furnish to Client a copy of the foregoing policies of insurance or a certification of insurance showing the amounts of coverage set forth above. Such policies (except of worker's compensation policy) shall provide that the insurer shall name Client as an additional insured and shall give at least ten (10) days' notice to Client prior to cancellation or modification thereof. 9. Subcontractors Contractor may subcontract the performance of a portion of the services which are to be rendered by Contractor hereunder to any person or entity that has the necessary qualification and technical expertise. Any such subcontract shall not operate to relieve Contractor of its responsibilities hereunder, and Contractor shall remain primarily obligated for the performance of such services. Contractor shall not be responsible for the completion or quality of performance of contracts entered into by Client with contractor(s)or other third parties who are not subcontractors of Contractor, nor is Contractor responsible for the acts or omissions of such parties. 10. Standard of Care Contractor shall perform services pursuant to this Agreement using that level of care and skill ordinarily exercised by other general contractors and consultants acting under similar circumstances. Contractor makes no warranty, either expressed or implied, as to its findings, recommendations, specification, or professional advice except that they are prepared or made by Contractor in accordance with generally accepted engineering practices and under the direction of registered professionals.