|
; ; ,
<br /> STANDARD TERi1�IS AND CONDITIONS
<br /> ENVIRONMENTAL SERVICES
<br /> BODINE ENVIRONI�IENTAL SERVICES, INC.
<br /> Item 1.Scope of`Vork.Bodine Environmen[al Services,[nc.(Bodine)shall perform Item 5. LimitaHons oCLiability. �e CLIENT agrees to limi[Bodine's liability to
<br /> services in accordance�.vith an"agreemenP'made with the"CLIE`1T". The agreemen[ the CLIENr and all parties claiming throu,h the client or othenvise claiming reliance
<br /> consisu of Bodine's proposal,Standard Fee Schedule,and[hese General Conditions. on Bodine's services.alle�edly arising from Bodine's professional acu or errors and
<br /> The CLI�is defined as the person or entity requesting and/or authorizing[he work, omissions, to a sum not [o exceed Bodine's fees for the services performed on the
<br /> and in doing so,clien�represents and�varrants thai he%she is duly authorized in his/her project provided that such claims are not attributable to Bodine's�oss ne;li;ence or
<br /> role,e��en if performed on behalf of another party or entity,in which case the other intentional misconduct. In this latter event,the limit of liability will be incre�sed to
<br /> parry ur en[ity is also considered�s the client. The accep[ance of Bodine's proposal 525,000 less any applicable insurance amount covering alle�ed dama;es or claims.
<br /> sienities[he acceptance of the terms of this agreement. In no event shall Bodine or any other parry to this a�reement,inciuding parties�vhich
<br /> may have claim to have a direct or indirect reliance on Bodine's services,be liable to
<br /> Item 2. Site Access/L.`tility. The ciient will provide access ro the work si[e. In the the other panies for incidental,indirect or consequential damases arisin�from anv
<br /> event thz work si[e is not owned by the CLIENT,CLIE�lT represents ro Bodine that cause. - ' •
<br /> all necessan�permissions for Bodine to enter the site and conduct the work have been
<br /> obtained. Bodine shall e�ercise re�sonable care to minimize dama;e to the property, Delay or failure of either party to perrorm its obligations under the Asreement, if
<br /> the CLIEVT unders[ands that some damaae may occur durin;the normal course of caused by ac�s of God or the public ene:ny,srorm,earthquake,flood,drou�h�labor
<br /> �vork,tha[Bodine has no[included in its fee the cost of restoration of damage,and[hat disputes,lockouts,riots.sabotage,embar�o,war or occasioned by any order or rule
<br /> CLIENT�vill pay for such restoration costs. of the United States or the State of Illinois or any other circumstance uf a similar
<br /> nature beyond the reasonable control of zither party or prevent or provide agairs�shall
<br /> The CL(EVI'shall notify Bodine in writing of all subterranean structures or utilities not subject the par[y so failing to any liabiliry to the other.
<br /> within che area(s)where services are scheduled[o occur. In the prosecution ofthe -
<br /> work specified by this�greement,Bodine will tal:e re�sonable precautions to avoid Item 6. Confidentiality. Bodine shall hold confidential the business and technical
<br /> dama�e or injury to subterranean swctures or u[ilities. �he CLIENT agrees to hold infortnation obtained or senerated in periormance ofservices under this agreement and
<br /> Bodine. its Subcontractors, Officers and employees harmless for any damages to identified in writing by the CLIENT as"confidential".Bodine shall not disclose such
<br /> subterran�an structures which are not called to Bodine's attention and correctly shown infortnation e�ccept if such disclosure is required by govemmental statute,ordinance,
<br /> on plans fumished. Bodine may store iCs equipment,apparatus,and supplies on the or regulation;for compliance with professional standards of conduc[for public safery,
<br /> project site,but shall not unre�sonably interfere with the CLIE�lTs opera[ion thereon. health,and welfare concems;or for pro[ection of Bodint�sainst claims or liabilities
<br /> arising &om performance of its services. The technicalVand pricing inYormation
<br /> Item 3. Insurance. Bodine shall provide comprehensive general liability insurance, contained in any report or proposal submitted by Bodine is to be considered
<br /> with a combined sin�le limit of not less than 51,000,000 per occurrence for pecsonal confidential and proprietary,shali not be rele�ed or otheRvise made available to any
<br /> injury, including death, and property damage, workers compensation insurance in third party without the express written consent of Bodine.
<br /> accordance with the Illinois Workers'Compensation Act and the Illinois Occupationai
<br /> Disease Act;and automobile liabiliry insurance with a combined single limit of no[ Item 7.�1odiHca6ons. This agreement and all attachments pursuant to this a�eemen[
<br /> Iess than S 1,000,000 per occurrence for personal injury,including death and properry represents the entire understanding beR�•een the parties,and neither the CLIE�IT nor
<br /> damage, and shall provide to the other proof thereof at least on an annual basis. Bodine may amend or modify any azpect of this contract uniess such alterations are
<br /> CLIENT shall maintain at le�st�500,000.00 insurance coverage on each of the above reduced to writing and properly executed by the parties hereto. These terms and
<br /> items. Bodine shall maintain pollution legal liability insurance in the amounu of condi[ions shall supersede all prior or contemporaneous communications,
<br /> SI,000,000 single occurrence and 52,000,000 aggregate,and maintain a�5,000,000 representations,or ageemenu,and any provisions expressed or imp(ied in the request
<br /> poliution liability insurance policy(in addition to standard auto/Luck insurance)for for proposal, purchase order, authorization to proceed, or other contradictory
<br /> Bodine's�ehicies engased in the transportation of hazardous wastes. Certificates of provisions.«�hether«riRen or oral.
<br /> Insurance can be provided upon request. -
<br /> Item S. Compensation.Invoices for perfortned work shall be submitted for payment
<br /> Item �l. Indemnificacion. 7'he CLIENT shail remain liable for the conduct of ifs after comple[ion of a project if bid for a fixed prir,e or monthly in accordance with
<br /> operations_including the acu of omission of its officers,directors and employees at Bodine's rate schedule. CLIENT shall satisfy the payment thereoT in full,within 30
<br /> all times,and in particular, involving che use,storage or transfer of toxic,noxious, days ofthe da[e of the invoice. [fthe invoice is not paid in full by that date,a finance
<br /> hazardous or other lis[ed materials or substances under its possession and concrol, char;e will be added az a monthly rate of 1 1/2 percent,which is an annual raze of l8
<br /> whether located upon its premises or ocherwise,and shall defend,indemnify and hold percent.
<br /> Bodine harmless from a�ainst all claims,damages,cosu,expenses,liabilities,actions,
<br /> suiu,fines and penalties which may arise out of any acts or omissions committed by In the event coilection proceedin�s aze required to collect unpaid bills for services of
<br /> [he CLIE�lT,or any of ics officers,directors and employees. Bodine completed to the reasonable satisfaction of Che CLIENT,Bodine reserves the
<br /> right to initiate legal action for ail bills due plus interest of 1 1/2 percent each month
<br /> In the event of dama�e,injury,or loss resulting from the release of toxic or hazardous past due and all costs incurred in the collection proceedings,including but not limited
<br /> substance to the environment, or o[her environmental impairment during the to attorney's fees,postage and mailin�,travel and employee wages and expenses.
<br /> performance this contract, Bodine shall only be responsible for such injury or loss
<br /> caused bv iu own neelisence or faul� If there is a claim that the damage,injury or Item 9.Other Considerations. The obli�ation to provide further services under this
<br /> loss is the result of a combination of fault of Bodine and CLIENT,then Bodine shall Agreement may be termina[ed by either party upon seven days'written notice in the
<br /> only be responsible for tha[proportion or percen[age of the to[al damage which is event of substantial failure by the other party to perform in accordance with terms
<br /> equal to�he total ne;ligence. The percentaee of fauft of Bodine shall be determined hereof throush no fault of the terminating party.
<br /> by agreement or as provided in Chapter 70 Section 301 Et Sec.IL Rev.Stat. 1985"An V
<br /> Act in Re(a[ion ro Conrribution Among Tortfe3sors". Not withstanding any other Every term or provision conrained in any of the contract documenu is severable hom
<br /> condition contained in this Agreement,both[he CLIENT and Bodine shall remain all of the othen. A waiver by either the CL[ENT o�Bodine of any default by the
<br /> obl i�ated in their respec[ive capacities,to comply with any all requiremenu required , other of othzr of any term or provision of the Agreement shall not be deemed a waiver
<br /> by die statues of the Uniced States or the State of Illinois,or any rules,regulation,or ' by such parry of any other or subsequent default.
<br /> ordinance of any boazd,commission,agency or subdivision thereof,regarding the use,
<br /> possession,convol,ownership vansfer,or other activity involving any toxic,noxious, This A�reement shall be conswed,interpreted and govemed by the la�vs of the State
<br /> or hazardous ma[erial as defined in the S[ate of Illinois or Federal law or re�ulation. of Illinois. The terms of[his Agreement shall commence tivith si�ning and dating oF
<br /> this Agreement by CLIEN�I's au[horized representative and shall end upon project
<br /> completion and final invoice payment.
<br /> � i�;/-li/;
<br /> j�`��-f e. .
<br />
|