|
STANDARD PROVISIONS
<br /> Terms — Invoices will be provided on a monthly basis and will be based upon percentage of completion or
<br /> actual hours, plus expenses, depending on contract terms. Payment is due W.F . McCain & Associates, Inc. by
<br /> the due date shown on the invoice in accordance with the Local Government Prompt Payment Act (2005),
<br /> Section 218.70, Florida Statutes, et seq. Owner or engineer may also suspend or terminate work as outlined
<br /> above as a result of an act of government such as a declaration or national emergency making work progress
<br /> impossible.
<br /> Expenses/Direct Costs — Incidental expenses and direct costs are reimbursable as follows :
<br /> Blueprints $ 1 .50 each, blacklines $2 .00 each, copies $0. 12 each, mylars $ 10.00 each, vellums $6 .50 each
<br /> and mileage pursuant to Florida Statutes section 112 .061 . If it becomes necessary during the course of this
<br /> project to travel elsewhere, those travel costs such as tolls, parking and mileage will be treated as
<br /> reimbursable expenses. These expenses will be reflected in monthly invoices . (Any additional direct costs
<br /> must be pre-approved by the client) .
<br /> Liability- The liability of W.F. McCain and Associates Inc. for damages arising out of its performance for
<br /> any mistake, omission, interruption, delay, error or defects, in the providing of its services set forth herein or
<br /> any portion of its services, occurring in the course of performing this agreement, shall in no event exceed the
<br /> amount of the contract for services.
<br /> Hazardous Substances and Conditions-
<br /> (a. ) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant or
<br /> perform any services or to make any determinations involving hazardous substances or conditions, as defined
<br /> by federal or state law. If such services are agreed to, Consultant shall not be a custodian, transporter,
<br /> handler, arranger, contractor, or remediation expert with respect to hazardous substances and conditions .
<br /> Consultant' s services will be limited to professional analysis, recommendations, and reporting, including,
<br /> when agreed to, plans and specifications for isolation, removal, or remediation .
<br /> (b.) The Consultant shall notify the Client of hazardous substances or conditions not contemplated on the
<br /> scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the
<br /> Consultant will stop affected potions of its services . The parties shall decide if Consultant is to proceed with
<br /> testing and evaluation and may enter into further agreements as to the additional scope, fee and terms for such
<br /> services.
<br /> (c .) If the Consultant' s services cannot be performed because of the actual or suspected existence of a
<br /> hazardous substance or condition different from that contemplated in the scope of services, the Client shall be
<br /> deemed to have substantially failed to perform in accordance with the terms of this Agreement for the purpose
<br /> of termination.
<br /> Construction Phase Services
<br /> If the Consultant 's services include the preparation of documents to be used for construction, the Consultant
<br /> shall not be responsible for any interpretation of the intent of its documents if it is not retained and paid for
<br /> periodic site visits. The Consultant shall have no responsibility for any contractor' s means, methods,
<br /> techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
<br /> Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant' s
<br /> visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the
<br /> completed work of its contractors will generally conform to the construction documents prepared by the
<br /> Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any
<br /> failure to perform its work in accordance with the contract documents.
<br /> The Client agrees that each contract with any contractor shall state that the contractor shall be solely
<br /> responsible for job site safety and for is means and methods; that the contractor shall indemnify the Client and
<br /> the Consultant for all claims and liability arising out of job sites accidents; and that the Client and the
<br /> Consultant shall be made additional insured under the contractor' s general liability insurance policy.
<br /> Inftia1wFZi2 Initial Client
<br /> proposal-final] Page 4 of 5
<br />
|