Item 15 - Approve Agreements for Agreements for On-Call Engineering Services

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go •'TWINING General Conditions, Continued Llmlt of Liability Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions in the performance of its professional services under this agreement to $50,000.00 or the fees actually paid to Twining, whichever amount is greater. Nigher limits may he available by quotation. Certified Payroll Certified payroll will be provided, upon request, at an additional charge of 5150.001month. Fee applies to every month that certified payroll must he suhmlded regardless of whether or not services were provided for any given month. Final Reports Required by Jurisdiction If a final report OF affidavit is required, we must first review ail inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports Will be billed hourly. Terms of Payment Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance. In addition, should the client require that invoices be submitted through a web based or electronic system, the client will be responsible for all costs associated with the use of the system. A 3 % fee will be applied for payments processed by credit card. All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiaries. affiliates, servants and agents for termination of work on account of these terms. In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the non - prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a non - adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party. Hold Specimens All "hold" specimens are charged al the applicable lest rate whether tested or not. Specimen Sampling and Disposal Twining samples materials used in construction in accordance with standard practices, methods, codes and relevant project requirements. Representativeness of sampling and same accuracy of testing are subject to the same probabilistic and precision limitations as governing standards. codes and project technical provisions. Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Oversize Specimens An extra charge will be made when test specimens require more than one person to handle because of size or weight. Elevated Work Platforms In the event an elevated work platform is required to safely complete our inspections, the client must provide safe access, including a trained and certified operator, to Twining inspection and testing personnel. Should Twining be required to supply an elevated work platform, we will contract with a qualified vendor and the markups shown above will apply,