Agenda Packets - 1993/10/25 - Laserfiche WebLink

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GME CONSULTANTS, INC. GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING I. Scope of Work GME Consultants, Inc. (hereinafter called GME) shall perform the services defined in this contract, and shall invoice the client for those services at the rates shown on the attached FEE SCHEDULE.Any estimate of cost to the Client as stated in this contract shall not be considered as a firm figure, but only as an estimate, unless otherwise specifically stated in the contract. GME will provide additional services under this contract,as required to complete the engineer- ing assignment, and/or as authorized by the Client and requested by the Client with charges for those additional services at the stated rates. II. Soil Boring Locations and Elevations It is desirable for GME to use its expertise in determining the number, depth, and locations of borings. However, it is understood that the Client may specify the number, location, or depth of borings. GME agrees to follow the Client's specifications to the extent practical. If the Client specifies the number, depth or locations of borings,Client agrees to accept the risk associated therewith,and agrees to indemnify and hold harmless GME from the claims of others arising therefrom. To the extent that the Client does not specify the number, locations or depth of borings, such will be selected by GME personnel. GME will determine the ground surface elevations at the borin• - • = •-• ••- - •e - • •• - •• •- - the elevations may be estimated from the topographic map (if one is provided). In using survey data provided by the Owner (for horizontal and vertical control), GME assumes no liability or responsibility to verify the accuracy of the survey data;we assume the survey data and/or bench mark elevations are correct as given.When GME uses a bench mark provided by the local municipality, county, or the state, we likewise assume no liability or responsibility in verifying the correctness of the elevation. Since GME Consultants does not practice in the profession of land surveying, boring locations will be located in the field within the accuracy feasible. When the property lines are not surveyed and staked it may be necessary to approximately locate the borings by reference to available landmarks and landforms. In some cases, GME will request the Owner to either survey the boring locations before drilling starts,or after the completion of drilling.Such surveying will be carried out at no cost to GME. The boring locations shown on the Soil Boring Location Diagram are to be construed as approximate locations only. III. Access to Site Unless otherwise agreed, the Client will furnish GME with right-of-access to the site in order to conduct the planned exploration or field service. GME will take reasonable precautions to minimize damage due to its operations.GME has not included in the estimated charges the cost of restoration of any damage resulting from the operations,and will not be liable for such damage. If the Client directs, GME will restore the site and add the cost of restoration to the charges in accordance with personnel and equipment rates indicated on the FEE SCHEDULE. IV Utilities In the prosecution of the work,we will take reasonable precautions to avoid damage or injury to subterranean structures or utilities.The client agrees to hold us harmless for any damages to subterranean structures which are not called to our attention and correctly shown or described on the documents furnished. V. Discovery of Unconfirmed Pollution,Notification to the State If we observe a substance at the ground surface, in a boring or an excavation,or if we observe a substance in contact with or within the groundwater,which in our professional opinion could potentially pollute surface waters or the ground- water, there is a legal obligation to notify the State of Minnesota Pollution Control Agency, in accordance with the provisions of Statute 115.061, "DUTY TO NOTIFY AND AVOID WATER POLLUTION." It is our understanding that this notification must be"immediate,"usually interpreted by the Agency to be within 24 hours.We will attempt to notify you, our Client, first to have you do the notification, but if you do not assure us that you will do so, or if we are unable to communicate with you,we will then be obligated to notify the State directly.The requirements of this statute supersede the usual practice of client confidentiality,and Client agrees to hold GME harmless from any consequences arising from such notification. VI. Invoices a. Invoices will be submitted once a month for services performed during the prior month. Payment is due upon presentation and is past due after thirty(30)days of receipt of the invoice, unless specifically arranged otherwise in writing.The Client shall provide GME with a clear written statement within fifteen(15) days after the invoice date of any questions with respect to the invoice. Failure to provide GME with a clear written statement within fifteen (15) days shall constitute acceptance of an invoice as submitted.The Client agrees to pay a finance charge of one and one-half percent (11/2%) per month eighteen percent (18%) annually on past due accounts but not to exceed the maximum rate by law. The billing rates as described in the Agreement will be increased on the anniversary of the effective date of this agreement. b. The Client's obligation to pay for the work contracted is in no way dependent upon the Client's ability to obtain financing,zoning,approval of governmental or regulatory agencies,final adjudication of a lawsuit in which GME is not involved,or upon the Client's successful completion of the project. It is agreed that all expenses incurred by GME in liening or collecting a delinquent amount, including but not limited to reasonable attorneys' fees, financial charges, witness personnel, document duplication, organization and storage costs, court costs, travel and sub- sistence,shall be paid to GME by the Client in addition to the delinquent amount. VII. Ownership of Documents GME will furnish three(3)copies of each report to the Client.The Client will be billed for additional copies at the rate of $25.00 per copy. All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by GME,as instruments of service,shall remain the property of GME. 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. GME 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 will be made available to the Client at reasonable times. GME CONSULTANTS,INC.