2023-05-10 CC Packet - Laserfiche WebLink

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Proposal for Phase I Environmental Site Assessment February 24, 2023 1737 Main St., Centerville, MN Client Authorization: The undersigned agrees to the stated terms and fee and authorizes Vieau Associates, Inc. to proceed with the scope of services proposed herein. Client Name Contact/Signature Date Address Phone Email GENERAL CONDITIONS Section 1. Services and Compensation 1.1 The foregoing Proposal and these General Conditions constitute the contract (hereinafter, "Contract") between Vieau Associates, a Division of GZA, (hereinafter, "GZA") and the party signing the Client Authorization (hereinafter, "CLIENT"). 1.2 GZA will provide CLIENT with the services specified in the Proposal (hereinafter, "Services") in accordance with the Contract's terms. Services not specifically enumerated in writing in the Contract are not included in the scope of GZA's Services and are not GZA's responsibility. GZA will provide services to CLIENT as an independent contractor and not as the CLIENT's employee, agent, partner, or joint venturer. 1.3 If, while performing the Services any hazardous substances or conditions are discovered or encountered that pose unanticipated risks or costs, it is agreed that the scope of Services, time schedule and the estimated Contract costs shall be reconsidered and that this Contract may, at GZA's option, be re -negotiated or terminated. If the Contract is so terminated, CLIENT shall pay GZA for the Services performed up to the date of termination plus GZA's reasonable termination and demobilization costs and expenses. 1.4 If GZA's performance of the Services is delayed by CLIENT or by any other circumstance beyond GZA's direct and reasonable control, then the time for GZA's completion of the Services shall be automatically extended based upon the duration and impact of each such delay and GZA shall be entitled to additional compensation from CLIENT. 1.5 CLIENT shall pay for the Services as set forth in the Contract. CLIENT agrees that GZA may increase its billing rates/fees on each annual anniversary of this Contract. 1.6 GZA shall issue monthly invoices for its Services to CLIENT and each invoice is payable in full upon receipt. Invoices not paid in full when due shall accrue interest on all unpaid balances from the 31st day following issuance at the rate of 1.5 percent per month. In addition to all of its other remedies, if CLIENT fails to pay any invoice in full within 30 days of its issuance, GZA, at its sole option, may declare this Contract in default and terminate all of its duties hereunder without liability to CLIENT or others. Upon such termination, CLIENT shall immediately pay GZA for all Services then rendered plus GZA's reasonable termination and demobilization costs and expenses. Section 2. General Responsibilities. 2.1 GZA shall not be responsible for the performance of any activity or obligation other than the contractually specified Services and GZA's performance shall not be construed as relieving CLIENT or any third party of their responsibilities. GZA shall have no responsibility for, or any liability pertaining to: (1) the superintending, supervising, or directing of the work of any independent contractor, agent or employee of CLIENT or any third party; or (2) the results or consequences of work performed by any such independent contractor, agent or employee of CLIENT or any third party; or