PSA - McCormick Engineering - Bowen Street Drainage Improvements

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EARTH EXPLORATION, INC. GENERAL TERMS AND CONDITIONS BOWEN ST. DRAINAGE IMPROVEMENTS SOUTH BEND, INDIANA P2-16-101 FEES FOR PROFESSIONAL SERVICES Services will be invoiced as indicated on the attached proposal and its attached fee schedule and other allachments ALL TIME, including travel hours, spent on the poject by professional, technical aM clerical personnel volt be invoiced Unless otherwise slated, arty, cost estimate presented in our proposal is for budgeting purposes only andis not a fixed lump -sum Ntl. Only those Cases incurred to complete a project regardless it they are less of Teeter than the cost estimates will be invoiced unless prior written notification is received to stop work It it is apparent Nat the budgetary estimate is not sufficient to complete the project in a satisfactory manner, the Ctienl volt bo advised as soon as practical. Earth Exploration, Inc. (EEI) reserves the right to escalate the rates on time and material contracts to account for increases in its direct or indirect costs, if work extends beyond the 365 calendar days from the date of the authorization to crossed. If. SCOPE OF WORK AND TIME LIMIT The attached proposal is valid for a pence of 60 days from the proposal date. The scope of work is as identified in the proposal. If acceptance and authorization to proceed with the work is not feceived within 60 days, EEI reserves me right to renegotiate the estimated costs, schedule for completion, Personnel commitments, and Overall scope of work. EEI reserves the right to renegotiate the proposal should the client choose to altar the scope of cantle from that presently indicated in the proposal. III. RIGHT OF ENTRY Unless olhemiso agreed. the client will furnish fightaf-access on the land for EEI to perform the required explorations or Other necessary, mvesfigations. EEI will lake reasonable precautions to minimize damage to the land from use OF equipment, but has not included in the fee the cost for restoration of damage which may result from our operations. If the state deskes EEI to restore the IaM to its former condition. this will be accomplished. and the cost will be added to the fim r�nw��l�y In the Performance of our work, EEI will lake all reasonable precautions to avoid damage or injury to subterranean structures or Wi itas. The client agrees to huld EEI harmless for any damages to subterranean afi suns which are not called to our attention and correctly shown on any plans famished. V. INVOICES AND PAYMENTS Invoices will be submitted once a month and payment is &a Net 30 Days from dale on the invoice A 116 percent per month service charge will Wadded to all accounts more than 30 days past due. In the event that EEI shall be successful in any suit for damages for breach of this agreement, including nonpayment of invoices, or to enforce this agreement or to enloin the other party from violating this agreement. EEI shall be entitled lO recover as pan of its damages its reasonable legal costs and expenses for bringing and maintaining any such action. VI. SAMPLES All samples Of soil and rock, which remain after testing, will be discarded 60 days after submission of our moan unless otherwise directed by the client. Upon request, we wIl deliver samples In the client, shipping charges collect on delivery, Or we will store them for an agreed charge. VII. INSURANCE EEI maintains the following insurance in the amounts indicated TYPE LIMITS GENERAL LIABILITY General Aggregate S2,000,000 Proeuds-ComP/Okx Aggregate 52,000,000 Personal B Adv. Injury s1,000,000 Each Occurrence $1,000.000 AUTOMOBILE LIABILITY Combined -Single Limit S1,000,000 E�rH �PLOR,9T/ONry _ EXCESS LIABILITY (Umbrella) Each Crxxrrrence S10,000,000 Aggregate SIDMDO00 WORKER'S COMPENSATION Stalulory & EMPLOYER'S LIABILITY Each Accident S1,IN1o,000 Disease -Policy Limit S1,OW,000 Disease -Each Employee sl,O ,000 PROFESSIONAL LIABILITY Each Claim 6 Aggregate S3,000.000 POLLUTION LIASIUVY Each Claim S2,001), 0 Aggregate S3,000,000 Insurance cedificates will be fumished on request Within the limits of said insurance, w r agree to save the client fiartnless horn and against loss, damage, injury, or liability arising directly from the negligent acts or omissions of shrseNes, our employees, agents, subconlractors, and their employees and agent[ If the client's contract or purchase order places greater responsibility upon EEI, or requires further insurance coverage, we if specifically directed by the calm. will obtain additional insurance (if procurable), at the Client's expanse: but we shall not be responsible for property damage for any cause, inch hiding fire and explosion, beyond the amount and coverage of our insurance, In addition, we require Nat EEI W named as an additional insured in any hold -harmless agreements against third party suits between IhedieM or owner and any contractor woo may perform work in connection with any study or report prepared by EEI. Veil. STANDARD OF CARE Our professional services will be conducted in a manner consistent with the level of rare and skill ordinarily exerssed by members of the geoteohNcal engreeringremironmental services profession practicing comemporaneousy under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the provdiig 01 geoterhnical engmeenngrenvironmenlal services. IX. LIMITATION OF PROFESSIONAL LIABILITY The client agrees to limit any and all Imbiliy or claim damages, costs at defense, or expenses to be levied against EEI, to a sum not to exceed S50,". or the amount of our lea, whichever is greater, on account & any design defect. error, omission, or professional negligence- Fuller, the client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report, or Study prepared by EEI of such limitation of liability for design defects, errors, missions, or professional negligence, and requires as a condition precedent to their performing the work a like limitation of liability of their part as against EEI. In the event that the client fails to obtain a like limitation Of gabllity provision as to design defects, erms, omissions, or professional negligence, availability o/ the slate and EEI, to such contractor or subcontractor arising out Of a tlesign tlefed, error, oMssion, or professional negligence, shall be allocated between the client and EEI in such a manner that the aggregate IiaGgty Of EEI for such a tlesign tlefed M all parties, including the client, shall not exceed S5OCO0 or the amount of our fee, whichever Is greater. X. SAFETY Any construction review of the contractors performance conducted by EEI is not intended to include review of the adequacy of the contractors safety measures in, on, Off near the construction site. The contractor will be solely and completely msponsibe for working conditions of the job site, including safety a all Persons and property during performance Of the work, This requirement will apply conlinuously and not W limited to normal working hours. XI. PROPRIETARY INFORMATION The Mess or other information contained in the proposal may be proprietary and shall not be disclosed to any parties outside Of the client's representative or owner, or be duplicated. used. or disclosed In whole or pan for any purpose other than to evaluate the proposal Should the proposal be accepted, the client shall have the night to duplicate, use, or disclose to the extent provided through a written agreement with EEI.