Scope of work:
RA will provide services solely as indicated on the accompanying proposal. “Client” refers to the person or business entity ordering the services to be performed by RA. Unless otherwise stated in writing, the Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered is adequate and sufficient for the Client’s intended purposes. Proposals are valid for 30 days. Signed proposals which fail to commence within 30 days are voided and subject to change. In the event the RA proposal includes provision/s of engineering services by a licensed engineer, such services will not include engineering inspection or supervision of the construction work at the construction site unless expressly set forth in the proposal. Client acknowledges that RA does not guarantee or insure the adequacy of the project design, the methods and/or means of construction, or the safety of the site, and RA is not responsible for the elimination or correction of unsafe conditions at the project site, i.e. unsafe conditions related to the equipment or machinery to be used, the means and/or methods of construction, or the adequacy of the safety measures and equipment used at the project site. RA obligations hereunder are limited strictly to the performance of the tasks enumerated in the proposal.
Payment: a) Payment is a material issue. The client’s payment for RA’s work is not subject to any contingencies or conditions. If payment is not made within thirty (30) days, RA may stop work with a three (3) days’ written notice to the client, without prejudice to any other remedy it may have, including the right to file a lien, claim, or notice on its behalf. Moreover, if the payment is not made within (60) days of work completion, the client agrees to pay a $250 fee to RA. for every week the payment is missing. No back charges or claims shall be valid unless agreed to in writing by RA. No retainage for the duration of the project. b) The client cannot withhold payments due to third party general liability claims if the liability for such claim(s) has been accepted by RA’s insurer.
Escalation: The client hereby agrees that the prices quoted in the proposal shall be subject to escalation to reflect increases in wages, taxes, insurance and fringe benefits required by collective bargaining agreements between RA and any union representing RA employees. Proposals are valid for 30 days. Failure to of the client to execute and/or adhere to specific conditions specifically (i.e. provided required information) stated in the proposal within 30 days of the proposal will void the Agreement, and a new proposal will be issued. Prices are subject to change.
Delays: a) RA is not responsible for delays out of its control, including those caused by the client, owner, general contractor, or other contractors or subcontractors; civil disorders of any kind; action of civil or military authorities; vendor priorities and allocations; fires, floods, accidents, or acts of God. In addition, RA can stop the work if they consider the jobsite conditions unsafe. b) In no event, will RA be liable for actual, punitive, indirect, incidental, or consequential damages of any kind from other parties involved in this project.
Liability: RA’s responsibility for any claims, damages, losses, or liabilities arising from or related to its performance under this contract, including but not limited to any correction of defects under the warranty, shall not exceed the current contract price. In no event, shall RA be liable for any special, indirect, incidental, consequential, or punitive damages of any character, including but not limited to damages claimed for disuse of productive facilities or equipment, lost profits, government fines or penalties, lost production, or increased expense of operation.
Dispute Resolution & Governing Law: All claims, disputes, and other matters and questions arising from or related to this contract, or any breach which cannot be resolved through negotiation, may be submitted to mediation before the American Arbitration Association (AAA). If the dispute is not resolved through mediation, the parties may elect to proceed to binding arbitration before the AAA in accordance with the Construction Industry Arbitration Rules then in effect. The prevailing party shall be entitled to recover all costs and reasonable attorney fees incurred (whether pre-litigation, mediation, arbitration or trial level, and in any appeals).
Recognized Holidays: The following days are to be observed as holidays (non-business days): New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year’s Eve Day.
Miscellaneous: (a) All deliverables provided by RA herein shall remain its own property, which the client is only entitled to use for specific items described in section A and/or formal(direct) project related submissions. (b) The client will provide copies of currently available property records, surveys describing physical characteristics, legal limitations, and utility locations for the site; and services of other engineers, surveyors, and other consultants when requested by the Department of Buildings or RA. The client will furnish structural, mechanical, chemical, air and water pollution, hazardous materials, and environmental tests; and various inspections and reports required by law and/or requested by Building Department or any other AHU.
This Agreement may be modified, amended, suspended, or terminated, and any terms or conditions may be waived, but only by mutual agreement of the parties in writing.