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Last modified
10/20/2016 12:26:17 PM
Creation date
10/20/2016 12:26:15 PM
Metadata
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Template:
Official Documents
Official Document Type
Work Order
Approved Date
10/18/2016
Control Number
2016-186
Agenda Item Number
15.B.1
Entity Name
Geosyntec Consultants
Subject
Work Order No.5 Title V Air Operation Permit Renewal
Project Number
407190-4-84-01
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niKTRC <br /> Results you can rely on <br /> Attachment 2 <br /> TERMS AND CONDITIONS <br /> 1.0 SERVICES <br /> TRC Environmental Corporation("Consultant")will provide consulting and other professional services on behalf of Geosyntec Consultants, <br /> Inc. ("Client")as described in the Scope of Work set forth in Proposal Number 264523.9990(the"Proposal"). Unless otherwise stated, <br /> Consultant's Proposal to perform the Scope of Work expires 120 days from its date and may be modified or withdrawn by Consultant prior <br /> to receipt of Client's acceptance. The offer and acceptance of any services or goods covered by the Proposal is conditioned upon these <br /> Terms and Conditions. Any additional or different terms and conditions proposed by Client are objected to and will not be binding upon <br /> Consultant unless specifically agreed to in writing by Consultant. An order or statement of intent to purchase Consultant's services,or any <br /> direction to proceed with,or acquiescence in the commencement of work shall constitute consent to these Terms and Conditions. <br /> 2.0 COMPENSATION <br /> 2.1 Consultant will invoice for its services as described in the Proposal. Prices or rates quoted do not include state or local taxes where <br /> applicable. Our services may include reimbursable expenses,which are charges incurred for travel,transportation,temporary lodging, <br /> meals, telephone calls, fax, postage, courier service, photographic, photocopying and other fees and costs reasonably incurred in <br /> connection with the services. <br /> 2.2 Unless otherwise stated in the Proposal,Consultant will submit invoices for services related to the Scope of Work on at least a monthly <br /> basis,and Client will make payment within thirty(30)days of receipt of Consultant's invoices. If Client objects to any portion of an invoice, <br /> the Client will notify Consultant within fifteen(15)days from the date of receipt of the invoice and will pay that portion of the invoice not <br /> in dispute,and the parties shall immediately make every effort to settle the disputed portion of the invoice. <br /> 2.3 If Client fails to make any payment due to Consultant within thirty (30) days after receipt of an invoice, then the amount due <br /> Consultant will increase at the rate of 1.5 percent per month after the 30th day. If a retainer has been required and the Client has not paid <br /> the invoice within thirty(30)days,TRC shall be entitled to draw upon the retainer to satisfy the past due invoice. In addition,Consultant <br /> may,after giving seven(7)days'written notice to Client,suspend its services and any deliverables until Consultant has been paid in full for <br /> all amounts outstanding more than thirty (30) days. In the event that Consultant must resort to legal action to enforce collection of <br /> payments due,Client agrees to pay attorneys'fees and any other costs resulting from such action. <br /> 3.0 CLIENT RESPONSIBILITIES <br /> 3.1 Client will designate in writing the person or persons with authority to act in Client's behalf on all matters concerning the services to <br /> be performed by Consultant for Client. <br /> 3.2 Client will furnish to Consultant all existing studies, reports, data and other information available to Client which may be necessary <br /> for performance of the services, authorize Consultant to obtain additional data as required, and furnish the services of others, where <br /> necessary,for the performance of the Scope of Work. Consultant will be entitled to use and rely upon all such information and services. <br /> 3.3 Unless otherwise stated in the Proposal, Client shall be responsible to provide Consultant access to the work site or property to <br /> perform the work. <br /> 4.0 PERFORMANCE OF SERVICE <br /> 4.1 Consultant's services will be performed in conformance with the Scope of Work set forth in the Proposal <br /> 4.2 Additional services will be performed and completed in conformance with any supplemental proposals or Scopes of Work approved <br /> in writing by the Client. <br /> 4.3 Consultant's services for the Scope of Work will be considered complete at the earlier of(i) the date when Consultant's report is <br /> accepted by the Client or(ii)thirty(30)days after the date when Consultant's report is submitted for final acceptance,if Consultant is not <br /> notified in writing within such 30-day period of a material defect in such report. <br /> 4.4 If any time period within or date by which any of Consultant's services are to be performed is exceeded for reasons outside of <br /> Consultant's reasonable control,all rates, measures and amounts of compensation and the time for completion of performance shall be <br /> subject to equitable adjustment. <br /> 5.0 CONFIDENTIALITY <br /> Consultant will hold confidential all information obtained from Client,not otherwise previously known to us,unless such information comes <br /> into the public domain through no fault of ours, is furnished to us by a third party who is under no obligation to keep such information <br /> confidential,or is independently developed by us. <br /> 6.0 STANDARD OF CARE <br /> Proposal Number 264523.9990 <br />
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