|
TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT
<br />1. Agreement. These Terms and Conditions shall be incorporated by reference and
<br />shall prevail as the basis of the Client's Agreement to Abonmorche. Any Client
<br />document or communication in addition to or In conflict with these Tema and
<br />Conditions shag be subordinate and subject to these provisions,
<br />2, Execution. Abonmorche has the option to render this Agreement null and void, 1
<br />1
<br />If it Is not executed within thirty (30) days of delivery.
<br />3. Client ResponslbOot. The Cunt will provide all criteria and information
<br />concerning the requirements of the Project. The Client will assume responsibility
<br />for interpretation of contract documents and for construction observation and 1
<br />1
<br />will waive all claims against Abonmorche that may be In any way connected,
<br />unless Abonmarche's services under this Agreement Include full -time
<br />construction observation or review of contractor's performance.
<br />4. Performance. The standard of care for services performed by or provided by
<br />Abonmarche will be the care and skill ordinarily used by Abonmarche's 1
<br />17
<br />profession practicing under similar circumstances of the some time and in the
<br />some locality. Abonmorche makes no warranty, expressed or Implied, with
<br />respect to any services provided by Abonmarche. Abonmarche will not be
<br />liable for any Bairn, damages, cost, or expense (including attorney's fees) or
<br />other liability or loss not directly and solely caused by the negligent acts, errors,
<br />or omissions of Abonmorche.
<br />S. Newly BWkq Rates. If payment h on on hourly rate, Client will pay Abonmorche
<br />at the current hourly billing rates. The hourly rates are adjusted annually or as
<br />deemed appropriate. 1
<br />18
<br />6. ReYnbursoble Expenses. Reimbursable expenses the actual costs Incurred
<br />directly a hxArecily for the Client's Project, will be charged at Abonmarche's 1
<br />19.
<br />current rates Examples of reimbursable expenses include, but are not limited to:
<br />mileage, tests and analyses, special equipment services, postage and delivery
<br />charges, telephone and telefox charges. copying, printing, and binding
<br />charges, commercial tronsporlation, meals, lodging, special fees, licenses, and
<br />permits, Subconsultont and outside technical or professional services will be
<br />charged on the basis of the actual costs times a factor of 1.15. 2
<br />20,
<br />7 Additional Services. Additional services that may be provided pursuant to the
<br />Agreement a any subsequent modification of the Agreement will be
<br />authorized, when possible, by written amendment signed on behalf of the Client
<br />and Abonmorche. Additional services, performed by Abonmorche are subject 2
<br />21.
<br />to all Terms and Conditions and the Client will be responsible for payment.
<br />Should the Client, regulatory agency, or any public body or inspector direct
<br />modification or addition to services covered by this Agreement, the cost will be 2
<br />22.
<br />added to the agreed price. Requests for extra services should be made In
<br />writing via a change order, but none the less, Abonmarche Is entitled to be paid
<br />for extra services provided whether or not R Is In writing.
<br />8. Underground Structures a Buried Utilities. The Client is responsible for
<br />Identification and location of all public and private buried structures on the
<br />Client's property and the Project site, such as, but not limited to, storage tanks 2
<br />23.
<br />and lines, or gos, water, sewer, electrical, phone, cable, or any other public or
<br />private utilities. It h agreed that Abonmorche is not responsible for accldeniol
<br />damage to utflltles or underground structures, whether known, unknown or
<br />Improperly located. The client shall be responsible for design fees if chorges are 2
<br />24.
<br />necessary. Utility locating or marking services provided by Abonmorche are not
<br />substitutes for complying with the utility owner notification requirements or the r
<br />r
<br />locating services (811 systems) required prior to on excavation. Utilities shown as
<br />located by ground penetrating rador are opproxirnate only. No excavation
<br />took place to verify the pos8lons shown or to verify the type of utility (except as 2
<br />25.
<br />noted). Careful excavation is required for verificotlon of the buried utility. The
<br />owner or customer assumes the risk of error and the actual location of the
<br />underground utility. Abonmorche Is not providing any certification a guarantee
<br />regarding the exact location of any underground utility.
<br />9. Underground Conditions, Abonmorche shall have no responsibility for the I
<br />II
<br />Identification of existing ar unforeseen /differing underground conditions. The
<br />Contractor shall have sole responsibility for determining the nature of t
<br />t
<br />underground conditions and the means and methods of dealing with those 2
<br />26.
<br />conditions. Abonmarche Is entitled to rely upon the information provided by
<br />geotechnicol consultants and shall have no responsibility for the accuracy or u
<br />u
<br />correctness of the data contained In the geotechnical reports.
<br />IO.SNe Access and Security. With the exception of access rights that land surveyors
<br />are afforded by low, the Client will provide Abonmorche access to the Project
<br />site and the Client will be responsible for obtaining any necessary permission
<br />from any affected third party property owners for use of that lands. The Client e
<br />solely responsible for site sec^.
<br />this Agreement.
<br />End of Agreement
<br />11, Consultants. Abonmorche may engage Consultants at the request of the Client Reviewed by City of South Bend Legal Deportment 05/04/2011.
<br />to perform services which are typically the Client's responsibility, such as surveys,
<br />geotechnical and environmental assessments. The Client agrees that
<br />Abonmarche will not be responsible for, or in any manner guarantee, the
<br />performance of services by the Consultants. The Client agrees that
<br />Abonmorche will not be liable for any claim, liability, or defense cost for Injury or
<br />loss sustained by any party allegedly caused by the Consultants' negligence or
<br />willful misconduct.
<br />12.Opinfom of Cost. Any opinions of probable construction cost and /or total
<br />project cost provided by Abonmarche will be on the bash of experience and
<br />judgment, but these are only estimates. Abonmorche does not warrant that bids
<br />or ultimate construction or total project costs will not vary from such estimates.
<br />13.Ownerstslp of Work Product. Abonmarche will remain the owner of all original
<br />drawings, reports, and other materials provided to the Client, whether in hard
<br />copy or magnetic media form. The Client Is authorized to use the copies
<br />provided by Abonmorche only in connection with the Project. Any other use or
<br />reuse by the Client for any purposes whatever will be of the Client's risk and full
<br />legal responsibility, without iability to Abonmorche and the Client will defend,
<br />indemnify, and hold Abonmorche hart-less from all claims, damages, losses,
<br />and expenses, including attorney fees arising out of or resulting there from.
<br />14.Elechoric Media. Copies of data, reports, drawings, specifications, and other
<br />materials furnished by Abonmorche that may be relied upon by The Client are
<br />limited to the printed copies (also known as hard copies) that ore delivered to
<br />the Client pursuant to the services under this Agreement. Computer flies of text,
<br />data, graphics. or of other types of electronic media are the sole possession of
<br />COSB reviewed 05 -04 -11 Page 2 of 2
<br />
|