|
This is EXHIBIT B,consisting of 2 pages,referred to in and part of the
<br /> Letter Agreement between OWNER and ENGINEER for Wastewater
<br /> Treatment System Assessment dated March 26 2004.
<br /> Standard Terms and Conditions
<br /> The proposal is supplemented to include the following agreement of the fees and charges of engineers,architects,attorneys,and other
<br /> parties: professionals, and reasonable court or arbitration or other
<br /> dispute resolution costs)caused solely by the negligent acts or
<br /> Standard Terms and Conditions omissions of ENGINEER or ENGINEER's officers,directors,
<br /> 1. Standard of Care partners, employees, and consultants in the performance of
<br /> a.The standard of care for all professional services performed ENGINEER's services under this Agreement.
<br /> or furnished by ENGINEER under this Agreement will be the b. To the fullest extent permitted by law, OWNER shall
<br /> care and skill ordinarily used it members of ENGINEER'S indemnify and hold harmless ENGINEER, ENGINEER's
<br /> profession practicing under similar circumstances at the same officers,directors,partners,employees,and consultants from
<br /> time and in the same locality. ENGINEER makes no and against costs, losses, and damages (including but not
<br /> warranties, express or implied, under this Agreement or limited to reasonable fees and charges of engineers,architects,
<br /> otherwise,in connection with ENGINEER's services. attorneys, and other professionals, and reasonable court or
<br /> b. OWNER shall be responsible for, and ENGINEER may arbitration or other dispute resolution costs)caused solely by
<br /> the negligent acts or o
<br /> rely upon,the accuracy and completeness of all requirements, missions OWNER or OWNER'S
<br /> programs, instructions, reports, data, and other information officers,directors,partners, employees,and consultants with
<br /> famished by OWNER to ENGINEER pursuant to this respect to this Agreement.
<br /> Agreement. ENGINEER may use such requirements,reports, c. In addition to the indemnity provided under paragraph 5.b.
<br /> data, and information in performing or furnishing services of this Exhibit, and to the fullest extent permitted by law,
<br /> under this Agreement. OWNER shall indemnify and hold harmless ENGINEER and
<br /> 2. Independent Contractor ENGINEER's officers, directors, partners, employees, and
<br /> All duties and responsibilities undertaken pursuant to this consultants from and against injuries, losses, damages and
<br /> Agreement will be for the sole and exclusive benefit of expenses(including but not limited to all fees and charges of
<br /> OWNER and ENGINEER and not for the benefit of any other engineers, architects, attorneys, and other professionals, and
<br /> party. Nothing contained in this Agreement shall create a all court or arbitration or other disputes resolution costs)
<br /> contractual relationship with or a cause of action in favor of a caused by, arising out of, or resulting from Hazardous
<br /> third party against either OWNER or ENGINEER. Environmental Condition,provided that(i)any such injuries,
<br /> ENGINEER'S services under this Agreement are being losses,damages and expenses are attributable to bodily injury,
<br /> performed solely for OWNER's benefit,and no other entity sickness, disease, or death, to injury to or destruction of
<br /> shall have any claim against ENGINEER because of this tangible property, including g the loss of use resulting
<br /> Agreement or the performance or non therefrom,and(ii)nothing in this paragraph S.c.shall obligate
<br /> gr pe performance of services OWNER to indemnify an individual or entity to the extent of
<br /> hereunder. �' y ty
<br /> that individual or entity's own negligence or willful
<br /> 3. Payments to ENGINEER misconduct.
<br /> Invoices will be prepared in accordance with ENGINEER'S d. To the fullest extent permitted by law, notwithstanding
<br /> standard invoicing practices and will be submitted to are ffi
<br /> any other provision of this Agreement,the total liability,in the
<br /> Invoices e
<br /> OWNER r ENGINEER monthly, unless otherwise agreed. aggregate, of ENGINEER and ENGINEER's officers,
<br /> due and payable within 30 days of receipt. If Mors, partners, employees, agents, and ENGINEER's
<br /> OWNER fails to make any payment due ENGINEER for
<br /> services and expenses within 30 days after receipt of Consultants, and any of them, to OWNER and anyone
<br /> claiming by, through, or under OWNER for any and all
<br /> ENGINEER'S invoice therefor,the amounts due ENGINEER claims, losses, costs, or damages whatsoever arising out of,
<br /> maximum rate of interest permitted
<br /> will be increased at the rate of 1.y l aw,if less)from said per month (or the resulting from or in any way related to the Project or the
<br /> E l Agreement from any cause or causes, including but not
<br /> thirtieth day. In addition, ENGINEER may, after giving limited to the negligence, professional errors or omissions,
<br /> seven days written notice to OWNER,suspend services under
<br /> this Agreement until ENGINEER has been paid in full all strict liability or breach of contract, or warranty express or amounts due for services,expenses,and other related charges. implied of ENGINEER or ENGINEER's officers, directors,partners, employees,agents, or ENGINEER's Consultants,
<br /> 4. Insurance or any of them, shall not exceed the total compensation
<br /> ENGINEER will maintain insurance coverage for Workers' received by ENGINEER under this Agreement.
<br /> Compensation, General Liability, and Automobile Liability
<br /> and will provide certificates of insurance to OWNER upon 6. Termination of Contract
<br /> request. Either party may at any time,upon seven days prior written
<br /> notice to the other party, terminate this Agreement. Upon
<br /> 5. Indemnification and Allocation of Risk such termination, OWNER shall pay to ENGINEER all
<br /> a.To the fullest extent permitted by law, ENGINEER shall amounts owing to ENGINEER under this Agreement,for all
<br /> indemnify and hold harmless OWNER, OWNER's officers, work performed up to the effective date of termination,plus
<br /> directors, partners, and employees from and against costs, reasonable ternmination costs.
<br /> losses,and damages(including but not limited to reasonable
<br /> Page l of 2 Pages
<br /> (Exhibit B-Standard Terms and Conditions)
<br />
|