Agenda - Council - 08/28/2001 - Laserfiche WebLink

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AEC ENGINEERING AEC Terms and Conditions Page One 1.0 2.0 3.0 4.0 5.0 6.0 7.0 AEC ENGINEERING, INC. TERMS AND CONDITIONS BASIC AND ADDITIONAL SERVICES. The scope of AEC's work is described in the attached proposal and may not be expanded except by mutual agreement in wdting. SCHEDULING. The CLIENT shall furnish a written purchase order or request for the services required and shall give as much notice as possible in advance of the time when the services are desired. Our ability to respond to such an order will depend upon the amount of advance notice provided. If an inspection is canceled or delayed after AEC personnel and/or equipment are in transit to the work site, then the CLIENT shall be billed, according to these TERMS AND CONDITIONS, for costs incurred by AEC. SUBCONTRACTING. If requested, by CLIENT to hire and/or administer a subcontractor, AEC will do so. However, in such an instance, CLIENT covenants not to sue or demand arbitration of AEC for claims based upon the acts or omissions of AEC's subcontractors but will instead either (1) sue AEC's subcontractors directly or (2) sue AEC's subcontractors indirectly by actions brought in AEC's name at CLIENT'S expense; and CLIENT'S recovery for these claims will be limited to the recovery awarded in these direct or indirect actions. AEC will allow CLIENT to indirectly pursue AEC's subcontractors in AEC's name and will cooperate with CLIEN'PS prosecution of these actions. HAZARDOUS MATERIALS. Unless agreed in the scope of work AEC has .no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous materials at the project site. To the full extent permitted by the law, CLIENT shall defend and indemnify AEC and its employees from all claims, including costs and attorney fees, arising out of the presence of hazardous materials on the job site. CLIENT'S RESPONSIBILITIES. CLIENT shale fully disclose to AEC its knowledge of the condition of the structure and its past and present contents and shall provide AEC with full information regarding the requirements for the project; shall designate an individual to act on CLIENT'S behalf regarding the project;, If necessary, shall clean and make the structure safe for entry; shall furnish the service of other consultants (including engineers,, insurance consultants, accountants, attorneys, etc.) when those services are reasonably required or are reasonably requested by AEC; shall test for pollution and hazardous materials when required by law or requested by AEC; and shall provide all necessary permits and other authorization. PAYMENT. AEC will submit itemized monthly or other periodic statements for work previously performed. CLIENT shall make payment-within 30 days after receiving each statement, and overdue payments will bear interest at eighteen percent per year if CLIENT is a business entity- and at the legal rate of interest of the state in which the project is located if CLIENT is a consumer. REUSE OF AEC'S PLANS, SPECIFICATIONS, .AND OTHER DOCUMENTS: All plans, specifications, and other documents furnished by AEC are instruments of AEC's services for use solely for the project, and AEC retains all ownership and property rights in them regardless whether the project is completed. CLIENT may retain copies for reference in connection with the use and occupancy of the project; but AEC does not represent that the documents are suitable for reuse on extension of the project or on other projects. CLIENT and others shall not use the documents on other projects or extensions of this project except by AEC's written agreement. CLIENT will defend and indemnify AEC from all claims or losses arising out of the unauthorized use of the documents. -442- ka~O:\GROUP\MARKET~'Fee S¢ledules~'TNC'DOC Revision Date: February 1999