GAI CONSULTANTS, Inc.
Master Services Agreement for Professional Services
any other data pertinent to GAI’s Scope of Services or the Project. Unless otherwise noted, GAI may reasonably rely upon all such information.
3.
Provide all health and safety information and CLIENT requirements that GAI is required to comply with at a Project site including, without limitation, any jobsite hazards that GAI and/or its subcontractor’s employees may encounter as well as all Federal, state, and local health and safety regulations or requirements that are applicable at the Project site.
4.
Upon identification by GAI and approval by CLIENT of the necessity and scope of information required, furnish GAI with data, reports, surveys, and other materials and information required for this Project, all of which GAI may reasonably rely upon in performing its services, except those included in GAI’s agreed upon Scope of Services.
5.
Guarantee access to the property and make all provisions for GAI to enter upon public and private lands and clear all exploration location(s) for buried utilities/piping/structures as required for GAI to perform its services under this AGREEMENT.
6.
Examine all studies, reports, sketches, opinions of the construction costs, specifications, drawings, WORK ORDERS and other documents or Project deliverables presented by GAI to CLIENT and promptly render in writing all decisions pertaining thereto within a period of time mutually agreed upon.
7.
Designate in writing a person to act as CLIENT’S representative with respect to the services to be rendered under this AGREEMENT. Such person shall have complete authority to transmit instructions, receive information, interpret, and define CLIENT’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to GAI’s services.
8.
Give prompt written notice to GAI whenever CLIENT observes or otherwise becomes aware of any development that may adversely affect the scope or timing of GAI’S Scope of Services, GAI’s non-compliance with the terms of this AGREEMENT or any non-compliance or defect in the Project or work of Contractor(s).
9.
Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project.
10.
Furnish such finance, accounting, audit, legal and/or insurance counseling services as CLIENT may require for the Project.
Article 6. Schedule/Delays - GAI shall commence performance upon receipt of the CLIENT’s written authorization to proceed and shall perform its professional services in accordance with the mutually agreed schedule; provided however, that the performance under this AGREEMENT, other than the CLIENT’s obligation to pay GAI’s invoices in accordance with the terms of this AGREEMENT, shall be excused in the event performance is prevented or delays are occasioned by factors beyond the delayed party’s control, or by factors which could not reasonably have been foreseen at the time this AGREEMENT was prepared and executed including, without limitation, pandemic, epidemic or other related conditions or declarations. The delayed party’s performance shall be extended by the period of delay plus a reasonable period to restart operations. Client shall negotiate additional compensation for GAI if any such delays are not due to GAI’s fault or negligence.
Article 7. Document Ownership and Reuse
1.
All reports, drawings, specifications, manuals, learning and audio-visual materials, boring logs, field data, laboratory test data, calculations, estimates, and other documents (collectively “Work Product”) prepared by GAI are instruments of service and shall remain the property of GAI. Unless otherwise notified by CLIENT, GAI will retain all pertinent records relating to the Services performed for a period of two (2) years following submission of the report, design documents or other Project deliverables, during which period the records will be made available at GAI’s office to the CLIENT at reasonable times.
2.
Any reuse of the Work Product described above without written verification or adaptation by GAI, as appropriate, for the specific purpose intended, will be at CLIENT’s sole risk and without liability or legal exposure to GAI. CLIENT shall defend, indemnify, and hold harmless GAI from all claims, damages, losses, and expenses including attorneys’ fees arising out of or resulting therefrom. Any future verification or adaptation of such Work Product will entitle GAI to further compensation at rates to be agreed upon by CLIENT and GAI.
3.
Unless specified otherwise in GAI’s WORK ORDER, GAI will dispose of all materials and/or samples that it obtains in the investigation portion of the Project within 90 days after completion of the report. Further storage or transfer of samples will be made at CLIENT’s expense.