HomeMy WebLinkAboutFishers Island Sewer DistrictRESOLUTION 2011-275
ADOPTED
DOC ID: 6759
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-275 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 29, 2011:
RESOLVED that the Town Board of the Town of Southold hereby _authorizes and directs
Supervisor Scott A. Russell to execute the Proposal between the Town of Sonthold and
Diversified Technology Consultants~ Inc. dated March 18~ 2011 for engineering services
relating to maintenance of the wastewater facilities and compliance with NYS DEC requirements
for the Fishers Island Sewer District, at a cost not to exceed $10,500.00, subject to the approval
of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
ORIGINAL
ENGINEERED
SOLUTIONS
LAN D
STRUCTURES
WATER
March 18, 2011
Supervisor Scott A. Russell
Town Hall, 53095 Route 25
P. O. Box 1179
Southold, New York 11971
RE:
Fishers Island Sewer District- Engineering Services for the Year 2011
DTC Proposal Number: 11-167-000
Dear Supervisor Russell:
Diversified Technology Consultants, Inc. (DTC) is pleased to submit to you this proposal to provide
engineering services to assist the Fishers Island Sewer Distdct during the year 2011.
The enclosed proposal details DTC's scope and fee for the design, as we understand it from our
review of the information provided and our discussions. We hope that you will give us your
comments so that any modifications can be discussed and made immediately.
We appreciate this opportunity to be of service to you. We look forward to working with you on this
project and assisting with its completion. If you have any questions regarding this proposal, please
do not hesitate to contact me at (203) 239-4200.
Sincerely,
Michael Erdckson, Project Manager
Diversified Technology Consultants, Inc.
Enclosure:
Schedules A & B
Terms & Conditions
CC~
File
Honorable Louisa Evans, Fishers Island, N.Y. (3 Copies)
Information contained in this document is proprietary and confidential and may not be disseminated to any party other than the intended
recipient without the written consent of Diversified Technology Consultants.
2321 WHITNEY AVENUE SUITE 301 HAMDEN CT 06518
203 239 4200 PH 203 234 7376 F^x
Supervisor Scott A. Russell
March l& 2011
Page 2 of 5
Fishers Island Sewer Distdct
Engineering Services Year 2011
Proposal Number 11-167-000
SECTION I - UNDERSTANDING OF PROJECT
GENERAL BACKGROUND
The Fishers Island Sewer District operates a sewage collection system, pump station and
community septic system under jurisdiction of the New York State Department of Environmental
Conservation (NYSDEC). Periodic monitoring and maintenance of the system is required to
demonstrate compliance with permit number NY0199214 under which the system is regulated.
DTC'S APPROACH
DTC is pleased to offer engineering services to the Fishers Island Sewer Distdct and Town of
Southold for continued monitoring of the sewage collection and disposal systems.
Recommendations for system improvements will be made where appropriate.
ASSUMPTIONS MADE FOR THE PURPOSE OF DTC'S PROPOSAL
· NYSDEC reporting requirements remain the same is the previous reporting year.
· Availability of the Sewer District maintenance contractor, Harold's Construction Company, to
attend two (2) site visits for assistance.
· Availability of maintenance records, such as invoices, for the reporting year.
SECTION 2 - SCOPE OF WORK
TASK 1 - PREPARATION OF ANNUAL CERTIFICATION FORM
Under this task DTC will prepare the 2010 Annual Certification Form as required by the NYSDEC.
Data collected by DTC during the calendar year 2010 for completion of the Discharge Monitoring
Report (DMR) and Operation and Maintenance Report will be used to complete this form. The
submission deadline for the Annual Certification Form is March 28, 2011.
TASK 2 - PREPARATION OF DISCHARGE MONITORING REPORT
This scope item includes one (1) site visit in the spdng of 2011 to measure and record wastewater
flow at the pump station, and measure sludge and wastewater depths at the community leaching
fields. Results of the field investigation will be complied into a report for distribution to the sewer
district representatives, the system operation and maintenance contractor Mr. Harold Cook,
NYSDEC, and NYSDEC Region 1.
Coordination of the field inspection with the sewer district and contractor is included under this item.
This proposal assumes NYSDEC DMR requirements remain the same as reporting year 2010.
Information contained in this document is proprietary and confidential and may not be disseminated to any pafly other than the intended
recipient without the written consent of Diversified Technolocjy Consultants.
2321 WHITNEY AVENUE SUITE 301 HAMIDEN CT 06518
203 239 4200 PH 203 234 7376 FAX
M:\PROPOSALS\2011\NEw YORK\FiSHEI~S ISLAND\11-167~000 FISHERS ISLAND SEPTIC,DOC
Supervisor Scott A. Russell
Mamh 18, 2011
Page 3 of 5
Fishers/s/and Sewer District
Engineering Services Year 2011
Proposal Number 11-167-000
TASK 3 - OPERATION AND MAINTENANCE EVALUATION REPORT
DTC will conduct one (1) site visit during the late summer of 2011 to evaluate maintenance of the
pump station. DTC will conduct pump tests to determine the efficiency of the pumps and advise the
sewer distdct of any deficiencies noted. Electrical controls, valves, emergency generator and other
appurtenances associated with the pump station will also be examined.
Maintenance of the sewage collection system and community leaching systems will be evaluated at
this time. The sludge levels in the septic tanks will be recorded during this site visit. DTC will obtain
available maintenance records such as invoices for evaluation.
Observations of the site visit will be presented in a report for distribution to the sewer district
representatives, the system operation and maintenance contractor Mr. Harold Cook, NYSDEC, and
NYSDEC Region 1. Recommendations for routine maintenance, repair, or replacement will be
presented in this report. Review of proposed cost estimates for repairs by Harold's Construction
Company is included under this item.
Coordination of the field inspection with the sewer district and contractor is included under this item.
This proposal assumes NYSDEC Operation and Maintenance review requirements remain the
same as reporting year 2010.
ON-CALL CONSULTING SERVICES
Provide "on call" services as requested and authorized to evaluate short term problems and
solutions to problems which occur on occasion such as clogged sewers, valve failures, control
failures, pump failures, generator failures, septage sampling and disposal and component
replacement review contracts and other documents required by the NYSDEC. Consult with the
sewer district regarding cost of repairs, replacements or upgrades. Advise the district regarding
proposed sewer connections. Discuss the requirements for sewer connections with applicants on
behalf of the Sewer District. This scope does not include identifying suitable sewers for proposed
building connections, nor does it include detailed reviews of site plans for sewer connections and
stormwater elimination.
Information contained in this document is pn~prieteq/ and confidential and may not be disseminated to any party other than the intended
recipient without the wd~ten consent of Diversified Technology Consuitente.
2321 WHITNEY AVENUE SUITE 301 HAMDEN CT 06518
203 239 4200 PH 203 234 7376 FAX
M:\PROPOSAL$\2011\NEW YORK\FqSHERS ISLAND\11-107-O00 FISHERS ISLAND SEPTIC,DOC
Supervisor Scott A. Russell
March l& 2011
Page 4 of 5
Fishers Island Sewer District
Engineering Services Year 2011
Proposal Number 11-167-000
SECTION $ - PROFESSIONAL FEES
BASIC SERVICES
SCOPE ITEM BASIS OF FEE
COMPENSATION
Task 1 - Preparation of Annual Certification Form Lump Sum $ 500
Task 2 - Preparation of Discharge Monitoring Report Lump Sum $2,600
Task 3 - Operation and Maintenance Evaluation Report Lump Sum $3,900
On-call consulting services Time & Materials $3,500
Not to Exceed Fee
Total $t 0,500
ADDITIONAL SERVICES
Additional Services when authorized by the Owner shall be paid in accordance with the
enclosed rate Schedule A.
REIMBURSABLE EXPENSES
Reimbursements will be paid in accordance with the enclosed rate Schedule A and Schedule B.
The enclosed TERMS AND CONDITIONS, Schedule A and Schedule B are part and parcel to this
agreement.
We have enclosed two original proposals. We ask that a representative authorized to execute this
proposal indicate authorization for DTC to proceed with the work as described by signing below and
returning one odginal proposal to our office.
Information contained in this document is proprietary and confidential and may not be disseminated to any party other than the intended
recipient without the wd~ten consent of Diversified Technology Consultants.
2321 WHITNEY AVENUE SUITE 301 HAMDEN CT 06518
203 239 4200 PH 203 234 7376 FAX
M:\PROPOSALS\20/i\NEW YORK\FISHERS ISLAND~l~[-167-000 FISHERS ISLAND SEPTIC.DOC
Supervisor Scott A. Russell
March 18, 2011
Page 5 of 5
Fishers Island Sewer Distdct
Engineering Services Year2011
Proposal Number 11-167-000
The above proposal is offered and accepted and DTC is authorized to proceed.
For D/VERSIFIED TECHNOLOGY CONSULTANTS, INC.
For TOWN OF SOUTHHOLD, NEW YORK AND THE FISHERS ISLAND SEWER D/STRICT
Supervisor
Date:
Information contained in this document is proprietary and confidential and may not be disseminated to any paKy other than the intended
recipient without the writfen consent of Diversilfed Technology Consuitants.
2321 WHITNEY AVENUE SUITE 301 HAMDEN CT 06518
203 239 4200 PH 203 234 7376 FAX
CLASSIFICATION
SCHEDULE A
2011 SCHEDULE OF FEES
DIVERSIFIED TECHNOLOGY CONSULTANTS
YEAR 2011
HOURLY BILLING RATES
Principal
Senior Project Manager
Project Manager
Senior Engineer
Project Engineer
Project Landscape Architect
Engineer/Planner/Designer
LE.P,
Environmental Scientist
Technician / CADD
Construction Manager
Construction Engineer
Sr. Construction Representative / Sr, Field Engineer
Construction Representative
Admin.
Typist
Messenger
$ 190.00
$ 175.00
$ 150.00
$ 140.00
$ 135.00
$ 130.00
$ 115.00
$ 150.00
$ 115.00
$ 95.00
$ 135.00
$ 120.00
$ 95.00
$ 85.00
$ 65.00
$ 55.00
$ 4O.OO
Nonexempt personnel are required to be paid 1.5 times their hourly rate if required to work overtime.
Out of ordinary Direct Expenses will be billed in accordance with the attached sheet.
A 10% administrative charge will be added on all subcontracts and sub-consultants.
Invoices will be submitted once a month for services per[ormed during the previous month.
1 ....pc.r re;nth :'::.11
Payment will be due within 30 calendar days of the invoice date.
*Rate table is subject to change at year-end
ITEM
SCHEDULE B
2011 DIRECT EXPENSES RATE SCHEDULE
DIVERSIFIED TECHNOLOGY CONSULTANTS
COST/UNIT
UNIT YEAR 2011
Transportation Mile
Printing/Plotting Square Foot
Color Printing/Plotting Square Foot
Fixed line Mylar Sheet
In-House Copying Page
Photographs Each
Overnight Mail: Letter Each
Overnight Mail: Roll of Maps
Expert Testimony for Deposition/Arbitration
or Court Testimony (Minimum):
Minimum
Full Day
$ 0.50*
$ 0.50/sf
$ 8.00/sf
$ 125.00
$ 0.25
$ 1.00
$ 18.00
$ 29.00
$1,000.00
$2,000.00
A 10% administrative charge will be added on all Direct Expenses.
Any other equipment that is required for a particular project will be billed at the rental cost plus 10%
administrative charge. Any other out-of-pocket expense including but not limited to airfares, car rentals,
hotel charges, etc. will be billed at the actual cost plus 10% administrative charge.
*Current IRS Approved Standard Mileage Rate
Rate table is subject to change at year-end
DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2011 TO DECEMBER 31, 20'/'/
Proposal No.: 11 167 000
1. Hourly Rate Fees for Professional
Services
Houdy rate fees for professional services, when
applicable, ara based on the time worked on
the project by company personnel in
accordance with the attached Schedule A.
In the event of any incraase of costs due to the
granting of wage incraases and/or other
employee benefits to field or office employees
due to the terms of any labor agraement, or rise
in the cost of living, during the lifetime of this
agreement, such percentage incraase shall be
applied to all ramaining compensations as of
each January 1St.
2. Reimbursable Expenses
The items of diract non-salary expenses will be
billed as per the attached Schedule B, if
applicable.
3. Invoices
Invoices will be submitted once a month for
services performed dudng the previous month
unless alternate payment schedules ara agraed
upon in writing. Payment will be due within 30
days of invoice date. Connecticut sales tax of
6% will be charged wherever applicable. Final
Payment for contracted services, however, is
due upon delivery of service. The CLIENT
herewith acknowledges DTC's dght to withhold
delivery of the service until final payment is
randerad.
4. Services of Others
On occasion, DTC will engage in the
specialized services of individual consultants or
other companies to participate in a project.
When considered necessary, these firms or
other consultants will be used with your
approval. The cost of such services plus a 10%
service charge will be included in our invoice.
5. On-Site Services during Project
Construction
Should DTC's services be provided on the job
site during project construction, it is understood
that, in accordance with generally accepted
construction practices, the contractor will be
solely and completely responsible for working
conditions on the job site, including safety of all
persons and property dudng the performance of
the work, and compliance with OSHA
regulations, and that these raquiraments will
apply continuously and not be limited to normal
working hours. Any monitoring of the
contractor's performance conducted by DTC
personnel is not intended to include raview of
the adequacy of the contractor's safety
measures in, on or near the construction site.
It is further understood that field services
provided by DTC personnel will not ralieve the
contractor of his rasponsibilities for performing
the work in accordance with the plans and
specifications.
Construction Observation - DTC personnel shall
visit the site at intervals appropriate to the stage
of construction, or as otherwise agraed to in
writing by the Client and DTC, in order to
observe the prograss and quality of the Work
completed by the Contractor. Such visits and
observation ara not intended to be an
exhaustive check or a detailed inspection of the
Contractor's work but rather ara to allow DTC,
as an experienced professional, to become
generally familiar with the Work in prograss and
to determine, in general, if the Work is
proceeding in accordance with the Contract
Documents.
DTC personnel shall not supervise, diract or
have control over the Contractor's work nor
have any rasponsibility for the construction
means, methods, techniques, sequences or
proceduras selected by the Contractor nor for
the Contractor's safety praceutions or programs
in connection with the work. These rights and
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DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2011 TO DECEMBER 31, 2011
rosponsibilities are solely those of the
Contractor in accordance with the Contract
Documents,
DTC peroonnel shall not be rosponsible for any
acts or omissions of the Contractor,
subcontractor, any entity performing any
portions of the Work, or any agents or
employees of any of them. DTC peroonnel does
not guarantee the performance of the
Contractor and shall not be rosponsible for the
Contractor's failuro to perform its Work in
accordance with the Contract Documents or
any applicable laws, codes, rules or regulations.
6. Ownership of Documents
All roports, field data notes, laboratory test data,
calculations, estimates, electronic files and
other documents including, but not limited to,
plans and specifications which we proparo as
instruments of service shall remain our
property. You agroe that all instruments of
service and other work we furnish you or your
agents, which aro not paid for, will be roturned
upon demand and will not be used for any
purpose whatsoever.
Under no circumstances shall delivery of the
instruments of service for use by the Client be
deemed a sale by DTC, and DTC makes no
warranties, either expross or implied, of
merchantability and f~ness for any particular
purpose. In no event shall DTC be liable for
indirect or consequential damages as a result of
the Client's use or rouse of the instruments of
service.
7. Standard of Caro
In accepting this agreement for services, you
acknowledge the inherent risks associated with
construction. In performing our professional
services, we will use that degroe of care and
skill ordinarily exercised, under similar
circumstances by members of the profession
procticing in the same or similar locality.
DTC makes no warranty, express or implied, as
to its professional services renderod under this
Agroement.
8. Clients Responsibilities
Provide full information in writing as to
CLIENT's requirements for the Project,
including design objectives and constraints,
capacity and performance requiroments,
flexibility and expendability, and any budgetary
limitations; and furnish copies of all design and
construction standards, which CLIENT will
roquiro to be included in the Drawings and
Specifications.
DTC may use such information, requirements,
roports, data, surveys and instructions in
performing its services and is entitled to rely
upon the accuracy and completeness thereof.
Make available to DTC all information pertinent
to the Project, including previous reports and
any other data relative to survey and design of
the Project.
Unless otherwise agreed, you will furnish right-
of-entry at the site for us to make our surveys
and other explorations. We will take
reasonable precautions to minimize damage to
the site from use of equipment, but have not
included in our fee the cost for restoration of
damage that may result from our operations. If
we are required to restore the site to its former
condition, this will be accomplished and the
cost will be added to our fee.
Designate in wdting a person to act as
CLIENT's reprosentative with respect to the
services to be rendered for this work. 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 DTC's services.
Give prompt wdtten notice to DTC whenever
CLIENT observes or otherwise becomes aware
of any development that affects the scope or
timing of DTC's services. The client shall pay
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DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD 'tERMS AND CONDITIONS
FOR
JANUARY 1, 2011 TO DECEMBER 31, 2011
10. Limitation of Liability ~; ~ ,~ii°~c ~T~ .!~ ,vi:
For any damage or costs resultir~l~rom error,
omission, or other professional nJ~cjligence in
the performance of our services,~ the liability of
the costs of checking and inspection fees,
zoning and annexation application fees,
assessment fees, soils engineering fees, soils
testing fees, aerial topography fees, and all
other fees, permits, bond premiums, total
company charges, blueprints and
reproductions, and all other charges not
specifically covered by the terms of this
agreement.
9. Indemnification
The CLIENT agrees to incorporate and extend
into any subsequent contracts for construction
arising from this agreement indemnification for
DTC and its sub-consultants and employees
from all and any claims, damages, losses, and
expenses including attorneys' fees arising from
any negligent acts or omissions by the
contractor, subcontractors or any of their
employees.
The Client, its officers, directors and employees
(collectively, Client) agrees, to the fullest extent
permitted by law, to indemnify and hold
harmless DTC, its officers, directors, employees
and subconsultants (collectively, Consultant)
against all damages, liabilities or costs,
including reasonable attomeys' fees and
defense costs, to the extent caused by the
Client's negligent acts in connection with the
Project and the acts of its contractors,
subcontractors or consultants or anyone for
whom the Client is legally liable.
Neither the Client nor DTC shall be obligated to
indemnify the other party in any manner
whatsoever for the other party's own
negligence.
DTC to all claimants will be limited to an
aggregate sum not to exceed $250,000.
DTC shall not be liable for damages resulting
from the actions or in-actions of governmental
agencies, and governmental relations.
11. Additional Work
DTC's services covered by this agreement are
accomplished by performing the work
necessary to complete the said services in
accordance with standard accepted practices,
the agreed upon scope of work, and the rules
and regulations governing the work.
In the event that there is a change in the scope
of work dictated by either the CLIENT, reviewer
or governmental agencies, this change in scope
will be considered additional work and shall be
paid for by the CLIENT in addition to the
contract fee and shall be paid for on a cost plus
basis. Post submittal comments from
governmental agencies and requested by the
CLIENT which constitute a change or an
addition to a policy, standard, or the agreed
upon project concept, is considered a change in
scope and work performed to evaluate, respond
to or execute these changes is considered
additional work.
12. Field Work
In the event that any staking or other field work
performed by DTC or its agents is destroyed by
an act of God or parties other than DTC
surveyors, the cost of re-doing the field work
shall be paid by CLIENT as extra work, on a
cost plus basis, provided such work is
authorized by CLIENT.
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DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2011 TO DECEMBER 31, 2011
13. Insurance
15. Hazardous Waste
We ara protected by Workmen's Compensation
Insurance, Professional Liability Insurance and
by General Liability Insurance. We will furnish
information and certificates at your raquest. As
design professionals we ara hired for our skill.
The level at which we perform is governed by
matters implicit in law therefora, the CLIENT
agraes to hold harmless, indemnify and defend
DTC from and against any and all claims for
any loss, damage or liability, other than those
due to our own acts of negligence, beyond the
amounts, limits, and conditions of such
insurance. We will not be responsible for any
loss, damage, or liability adsing from your
negligent acts, errors and omissions and those
by your staff, consultants, contractors, and
agents or from those of any person for whose
conduct we ara not legally rasponsible.
14. Asbestos
It is understood and agraed that the handling or
ramoval of asbestos or asbestos products
involves certain health dsks which raquira
specific safety measuras. DTC shall not be
rasponsible for safety and safety measuras on
the job, including measures for the protection of
employees of contractors or subcontractors, nor
for the protection of the general public. Such
rasponsibility for safety and safety measuras is,
and shall remain, that of the contractor.
For services involving or relating to the ramoval
or encapsulation of asbestos as part of this
agraement, it is further agraed the client shall
indemnify and hold harmless DTC and their
consultants, agents and employees from and
against all claims, damages, losses, and
expenses, direct or consequential damages,
including but not limited to fees and charges of
attorneys and court and arbitration costs arising
out of or rasulting from the performance of the
work by DTC or claims against DTC arising
from the work of others related to asbestos
activities.
It is understood and agreed that in seeking the
professional services of DTC under this
agreement the CLIENT may be raquiring DTC
to undertake uninsurable obligations for the
client's benefit involving the presence or
potential prasence of hazardous substances.
Therefora, the CLIENT agraes to hold
harmless, indemnify and defend DTC from and
against any and all claims for any losses,
damages, liability and costs, including, but not
limited to, costs of defense arising out of or in
any way connected with the presence,
discharge, ralease, or escape of contaminants
of any kind.
16. Samples
All samples will be discarded 30 days after
submission of our report, unless the Client
advises DTC otherwise. Upon your request, we
will ship or deliver the samples C.O.D. or stora
them for you for an agraed storage charge.
TESTING LABORATORY SERVICES - It is
acknowledged that DTC has been raquested by
the Client to subcontract certain laboratory
testing services on behalf of the Client to name
of lab, an independent testing laboratory. DTC
agraes to do so in raliance upon the Client's
assurance that the Client will make no claim or
bring any action at law or in equity against DTC
as a rasult of this subcontracted service. The
Client understands that DTC has not performed
any independent evaluation of the testing
laboratory's data and the Client shall not raly
upon DTC to determine the quality or raliability
of the testing laboratory's reports. In addition,
the Client agrees, to the fullest extent permitted
by law, to indemnify and hold DTC harmless
from any damages, liabilities or costs, including
reasonable attorneys' fees and defense costs,
arising from the services performed by {name of
lab} except only those damages, liabilities or
costs caused by the sole negligence or willful
misconduct of DTC.
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DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2011 TO DECEMBER 31, 2011
17. Warranty of Authority to Sign
The person signing this contract warrants he
has authority to sign as, or on behalf of, the
CLIENT. If such person does not have such
authority, he agrees that he is personally liable
for all breaches of this contract and that in any
action against him for breach of such warranty,
a reasonable attorney's fee shall be included in
any judgment rendered.
18. Termination or Suspension of
Agreement
This agreement may be terminated by either
party upon receipt of written notice. In the
event all or any portion of the work prepared or
partially prepared by DTC be suspended,
abandoned or terminated, the CLIENT shall pay
DTC all fees and charges for services rendered
for the project not to exceed any contract limit
specified herein regardless of the number of
final documents completed.
t9. Fee Non-Contingent
Payment of invoices adsing out of the
performance of the work under this agreement
is not contingent upon receipt of payment or
fees, grants, awards, etc. by the CLIENT under
any other agreement and shall not be subject to
any claims or delays arising out of any other
agreement.
20. Amendment or Modification
These STANDARD TERMS AND
CONDITIONS, SCHEDULE A, SCHEDULE B,
and other Attachments, when referenced in the
Letter of Proposal, shall together with the Letter
of Proposal constitute the entire understanding
between the parties and may not be amended
or modified except by instrument in writing
signed by both parties.
21. Dispute Resolution
MEDIA TION
In an effort to resolve any conflicts that adse
during the design and construction of the
Project or following the completion of the
Project, the Client and DTC agree that all
disputes between them arising out of or relating
to this Agreement or the Project shall be
submitted to nonbinding mediation unless the
parties mutually agree otherwise. The Client
and DTC further agree to include a similar
mediation provision in all agreements with
independent contractors and consultants
retained for the Project and to require all
independent contractors and consultants also to
include a similar mediation provision in all
agreements with their subcontractors,
subconsultants, suppliers and fabricators,
thereby providing for mediation as the pdmary
method for dispute resolution between the
parties to all those agreements.
STEPPED DISPUTE RESOLUTION
In the event of a dispute adsing out of or
relating to this Agreement or the services to be
rendered hereunder, the Client and DTC agree
to attempt to resolve such disputes in the
following manner:
First, the parties agree to attempt to resolve
such disputes through direct negotiations
between the appropriate representatives of
each party.
Second, if such negotiations are not fully
successful, the parties agree to attempt to
resolve any remaining dispute by formal
nonbinding mediation conducted in accordance
with rules and procedures to be agreed upon by
the parties.
END OF TERMS AND CONDITIONS
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