SU0002370 SSNL - Laserfiche WebLink

Home Browse Search

GENERAL CONDITIONS BETWEEN GEOTECHNICAL CONSULTANT AND CLIENT SECTION 1: ENTRY AND PROPERTY CARE 1.1 The Client will provide for right of entry for the Geotechnical Consultant, his subconsultants, subcontractors and all necessary equipment, in order to perform the work. 1.2 While the Geotechnical Consultant will take reasonable precautions to minimize damage to the property, it is understood by the Client that in the normal course of work some damage may occur, the correction of which is not part of this agreement. SECTION 2: UTILITIES 2.1 In the prosecution of his work, the Geotechnical Consultant will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. 2.2 The Client agrees to hold the Geotechnical Consultant harmless and indemnify Geotechnical Consultant for any claims, payments or other liability, including costs and attorney fees incurred by Geotechnical Consultant for any damages to subterranean structures and utilities which are not called to the Geotechnical Consultant's attention and correctly shown on the plans furnished to Geotechnical Consultant. SECTION 3: SAMPLES 3.1 Except as noted in Section 12, below, the Geotechnical Consultant will not retain any untested soil and rock samples for more than thirty (30) days from date of sampling. Further storage or transfer of samples can be made at the Client's expense upon written request. SECTION 4: BILLING AND PAYMENT 4.1 The Client recognizes that time is of the essence with respect to payment of Geotechnical Consultant's invoices, and that timely payment is a material part of the consideration of this AGREEMENT. The Geotechnical Consultant will submit invoices to the Client upon completion of services or at two week intervals, which are due and payable upon presentation. A Late Payment Charge computed at the periodic rate of 1.5 percent per month will be applied to any unpaid balance commencing thirty days after the date of the invoice. If Client objects to all or any portion of an invoice, Client shall so notify Geotechnical Consultant in writing within fourteen (14) days of the invoice date, identify the cause of the disagreement, and pay when due that portion of the invoice, if any, not in dispute. 4.2 Application of the percentage rate indicated above as a consequence of Client's late payments does not constitute any willingness on Geotechnical Consultant's part to finance Client's operation, and no such willingness should be inferred. If Client fails to pay undisputed invoiced amounts within sixty (60) calender days of the date of the invoice, Geotechnical Consultant may at any time, without waiving any other claim against Client, and without thereby incurring any liability to Client, suspend or terminate this AGREEMENT (as provided for in SECTION 10,TERMINATION). 4.3 Fee Schedules are periodically revised. Unless otherwise agreed, new rates apply to ongoing work as the rates are issued. 4.4 No back-up data or copies of bills will be provided for reimbursable expenses invoiced under this agreement. SECTION 5: OWNERSHIP OF DOCUMENTS 5.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the Geotechnical Consultant, as instruments of service, shall remain the property of the Geotechnical Consultant. 5.2 The Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned to the Geotechnical Consultant upon demand and will not be used by the Client for any purpose whatever.