08-F Groundwater Investigation - Laserfiche WebLink

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GENERAL TERMs AND 1. SCOPE OF WORK Weaver Boos & Gordon, LLC-Southwest (WBG) shall perform the services defined in this contract and shall invoice the Client for those rates shown on the attached fee schedules. Any estimate of cost to the Client as stated in this contract shall not be considered as a fixed price, but only an estimate (unless otherwise specifically stated in this contract). WBG will provide additional services under this contract as requested by the Client and invoice the Client for those additional services at the listed standard rates. The prices shown will be valid for ninety (90) days unless otherwise stated in the proposal. 2. RIGHT OF ENTRY The Client will provide for right of entry of WBG personnel and all necessary equipment to the project site or sites, in order to corc~plete the work. 3. INVOICES WBG will submit invoices to Client monthly and a fraal bill upon completion of services. Invoices will show charges for different personnel and expense classifications. A more detailed separation of charges and backup data will be provided at Client's request. There shall be no retainage, unless otherwise agreed upon in the contract. WBG shall furnish insurance certificates, lien waivers, affidavits or other available documents as and when requested by Client, that indicate coverage in amounts that are acceptable by Client, provided all amounts due to WBG hereunder have been paid. Payment is due within fifteen (15) days after the receipt of invoice and interest charges will start thirty (30) days fi.om invoice date. Client agrees to pay an interest charge of one and one-half percent (1 1/2%) per month, or the maximum rate allowed by law, on past due accounts. Any attorney's fees, collection fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. The Client agrees to pay WBG for its services in accordance with the above agreement, regardless of whether or not he has been paid by its Client. 4. OW~NERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by WBG, as instruments of service, shall remain the property of WBG. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. WBG will go CONDITIONS retain all pertinent records relating to the services performed foxt a period of five (5) years following submission of the report, during which period the records will be made available to the Client at all reasonable times. DISPUTES In the event that a dispute should arise relating to the performance of services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees and other claim-related expenses. STANDARD OF CARE Services performed by WBG under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is made. LIMITATION oF LIABILITY The Client agrees to limit WBG's liability to the Client and all construction contractors and subcontractors on the project arising fi.om professional acts, errors or omissions, such that the total aggregate liability of WBG to all those named shall not exceed $50,000 or WBG's total fee for the services rendered on this project, whichever is greater. In the event that the Client does not wish to limit our liability to this sum, we will waive this limitation up to $1,000,000 upon the Client's written request provided that the Client agrees in writing to pay for this waiver an additional consideration of 4% of our total fee, or $400, whichever is greater. This sum shall be a Waiver of Limitation of Liability Charge and will not be construed as being a charge for insurance of any type, but will be increased consideration for the greater risk involved. The Client further agrees to require the contractor and subcontractors an identical limitation of WBG's liability for damages suffered by the contractor or the subcontractor arising fi.om WBG's professional acts, errors or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of WBG's professional acts, errors or omissions. INSURANCE & GENERAL LIABILITY W-BG represents and warrants that it and its agents, staff and consultants employed by it arc protected by worker's compensation insurance and that WBG has such coverage under public liability property damage insurance policies