Loading...
HomeMy WebLinkAboutProposal - EnviroSolutions, Inc. - Monitoring Well Sample Collection, Report, and Data Base for Spring and Fall 2017'� �. �'i � =`� �� `. � ; ate... _� �f ..'� << -ew�..�l �� - �_ 4" . _ ,��` -�"" � � .r'�R'i _'rt,.�-F.F��_^:.� � N-c:., - � _- :�r�- r� tF7 :-`--, .. .��_ .- --. •c �� � - �� .. ..Inc �.,r;•-� �� ENVIROSOLUTIONS, INCORPORATED GENERAL TERMS AND CONDITIONS I. SCOPE OF WORK EnviroSolutions, incorporated (EnviroSolutions) 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). EnviroSolutions will provide additional services under this contract as requested by the Client and invoice die 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. H. RIGHT OF ENTRY The Client will provide for right of entry of EnviroSolutions personnel and all necessary equipment to the project site or sites, in order to complete the work. III. INVOICES EnviroSolutions will submit invoices to Client as final bill upon completion of services. Invoices will show charges as detailed on the enclosed project cost estimate. Standard invoicing occurs at monthly intervals. Should the duration of the project exceed one month, the dollar amount invoiced will reflect the percentage of the scope of work completed. No work will be completed beyond the scope of work outlined in the project proposal without authorization from the client. Any charges associated with work completed beyond the scope of work outlined in the proposal will be invoiced as a separate charge to the Client, accompanied by documentation of Client approval. There shall be no retainage, unless otherwise agreed upon in the contract. Payment is due within (35) days after the receipt of invoice and interest charges will start thirty (30) days from invoice date. Any reasonable attorney's fees, collection fees or other costs incurred in collecting any non -disputed delinquent amount shall he paid by Client. The Client agrees to pay EnviroSolutions for its services in accordance with the above agreement, regardless of whether or not he has been paid by his Client. IV. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by EnviroSolutions, as instruments of service, shall remain the property of EnviroSolutions. 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. EnviroSolutions will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records wilt be made available to the Client at all reasonable times. V. DISPUTES In the event that a dispute should arise relating to the performance of the 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 (lie defense of the claim, including staff time, court costs, attorneys fees and other claim related expenses. VI. STANDARD OF CARE Services performed by EnviroSolutions under this Agreement will he 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. VII. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein. Such tenrination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, EnviroSolutions shall be paid for services performed to the termina€ion date plus reasonable expenses to demobilize. In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, EnviroSolutions may complete such analysis and records as are necessary to complete a report on the services perfomred to date of notice of termination or suspension. The expenses of termnation or suspension shall include all direct costs of EnviroSolutions in completing such analysis, records and reports. VIII. ASSIGNS Neither the Client nor EnviroSolutions may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of the other party. Furthermore, this agreement contains each and every agreement and understanding between the parties relating to its subject matter. It may not be altered or amended except in writing and signed by both (lie Client and EnviroSolutions. IX. CONFLICTS Should any element of the Terns and Conditions be deemed in conflict with any element of the contract referenced above, unless the contract clearly voids the conflicting element in the Terms and Conditions, wording of the Terms and Conditions shall govern. Any element of this agreement later het(] to violate a law or regulation shall be deemed void, but all re€paining provisions shall continue in force. X. SAFETY EnviroSolutions is only responsible lbr the safety on site of its own employees and subcontractors. However, this shall not be construed to relieve Client or any of its contractors from their responsibilities for maintaining a safe job site. Neither the professional activities of EnviroSolutions employees and subcontractors shall be tonsured to imply EnviroSolutions has any responsibility for any activities on site performed by personnel other than EnviroSolution's employees or subcontractors. XL DELAYS IN WORK EnviroSolutions will pursue the work in an efficient and expeditious manner consistent with good quality practices, EnviroSolutions will not be responsible for delays in the work caused by Client or its agents, consultants, contractors or subcontractors. Stand-by or non- productive time for delays in our work caused by Client will be charged as work time unless provided for as a separate item in the contract or other mutually agreed upon contract. XII. CONSEQUENTIAL DAMAGES Client shall not be liable to EnviroSolutions and EnviroSolutions shall not be liable to Client for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Client or FnviroSolutions, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. XIII. FAILURE TO FOLLOW RECOMMENDATIONS EnviroSolutions will not be held liable for problems that may occur if EnviroSolution's recomtneudations are not followed. Accordingly, Client waives any claim against EnviroSolutions, and agrees to defend, indemnify and hold EnviroSolrrtions harmless from any claim or liability for injury or loss that results from failure to implement EnviroSolution's recommendations, or from implementation of EnviroSolution's recommendations in a manner tlrat is not. in strict accordance with therm. Client also agrees to compensate EnviroSolutions for any time spent and expenses incurred by EnviroSolutions in defense of any such claim, with such compensation to be based upon EnviroSolutiou's prevailing fee schedule and expense reimbursement policy. XIV. DISPOSAL OF SAMPLES Samples of soil, rock, water, waste or other materials contaminated by hazardous substances, including asbestos, obtained from the project site are the property of the Client. EnviroSolutions shall retain such samples for no longer than thirty (30) calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. It is tine Clients responsibility to select and arrange for laNvful disposal procedures which encompass removing the contaminated samples from EnviroSolution's custody and transporting them to a disposal site. Accordingly, unless Client indicates otherwise within the thirty (30) day period referenced above, Client hereby instructs EnviroSolutions to make arrangements, as Client's agent, for proper transportation and disposal of samples with appropriate licensed parties. Due to die risks to which EnviroSolutions is exposed, Client agrees to waive any claim against EnviroSolutions, and to defend, indernrufy and hold EnviroSolutions harmless from any claim or liability for injury or loss arising from EnviroSolutions service as Client's agent in arranging for proper transportation and disposal of coatamina€ed sarnples. There may be extra costs involved in this disposal arranged by EnviroSolutions, especially if contaminated samples constitute a large quantity or the samples are contaminated with highly toxic and/or hazardous substances (i.e. PCBs, Dioxins, Cyanide, Pesticides, etc.). Client agrees to pay all transportation and disposal costs or EnviroSolutions will return samples to the project site. am Ammv �Uffium tww. the energy sector ill Iran; and (ii) at the time the financial institution extends credit, is a person identified on list.pnblished by the Indiana Department of Adniinistration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote,. and 5. Contractor shall requite his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in. the. E-Verify Program, The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the wntract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after_ being notified by the City. 6. Persons, partnerships, corporations; associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employinent in the performance of a City contract with respect to hire, tenure, terms,. conditions, or privileges of employment, of any matter directly or indirectly related to employment. because of race, sex, religion, color, national origin, ancestry,, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any, combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not requited by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as. a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not -unlawfully discriminate against said WBI /MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one. (1.) year from the date of such determination, and such detonnination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The tmdersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Hon -Collusion Non-Debarmem AMdaalt Non Imn Form