95-028 Ordinance - Laserfiche WebLink

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other pollutants, whether or not designated as such by law or regulation. 1.8 Operation and Maintenance Semces. Malcolm Pirnie shall provide Operation and Maintenance services in accor- dance with Schedule A. SECTION 2 - ADDITIONAL SERVICES 2.1 Scope. Malcolm Pirnie will provide the Additional Services when authorized in writing by the Client. SECTION 3 - CLIENI"S RESPONSIBILITIES Unless stated otherwise in Section 8, the Client shall do the following in a timely manner: 3.1 Client's Representative. Designate a representative having authority to give instrudions, receive information, define ClienYs policies, and make decisions with respect to the Project. 3.2 Project Criteria. Provide all criteria and information as to Client's requirements for the Project, including any budgetary limitations. Ftirnish copies of all standards wluch Client will require to be included in the Service Instruments. 3.3 Data. Provide all available information, including previ- ous reports and any other data in the possession of the Client relevant to design or construction of the Project. These data may include data prepared by others, including plant O&M Manual, materials, equipment and O&M information and other necessary special data or consulta- dons. Malcolm Pirnie may rely on the accuracy and com- pleteness of the supplied data. 3.4 Access. Arrange for Malcolm Pirnie to enter upon public and private property as necessary. 3.5 Review. Examine the Service Instruments and obtain the advice of attorneys, insurance counselors or other consul- tants as Client thinks appropriate. Render written decisions concerning the Service Instruments within a reasonable time. 3.6 Project Developments. Give prompt written notice to Malcolm Pirnie whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of Malcolm Pirnie's services, or any defect or non- conformance in the work of any Contractor. SECTION 4- PERIODS OF SERVICE 4.1 lyme of Performance. Sections 4 and S anticipate the orderly and continuous progress of the Project through completion. 4.2 Delays. If Schedule A specifies periods of time for performance of services or specific dates by which services ue to be completed and if such periods or dates are exceeded through no fault of Malcolm Pirnie, the compensa- tion specified under Section 5 shall be subject to equitable adjustment. 43 Start of Performance. Malcolm Pirnie will start the Basic Services upon authorization by the Client. Unless otherwise stated in this Agreement, signing of this Agree- ment by both the Client and Pirnie will constitute such authorization. If Client elects to authorize Malcolm Pirnie to proceed before signing this Agreement, Malcolm Pirnie shall be paid as if the services had been performed after both parties signed the Agreement. 4.4 Completion of Performance. For the purposes of final payment under Section S, completion of Malcolm Pirnie's services will occur: 4.45 for a startup or operations activity: upon the earlier of successful completion of acceptance testing by the Contractor or beneficial occupancy by the Client but, in any event, not later than one year after Substantial Completion. 4.5 Force Majeure. If a force, event, or circumstance beyond Malcolm Pirnie's control interrupts or delays Malcolm Pirnie's performance, the time of performance of the Basic or Additional Services shall be equitably adjusted. SECTION 5 - COMPENSATION 5.1 Basic Services. Client shall pay Malcolm Pirnie the Amount stated in invoices issued in accordance with Sched- ule B[Pricing Schedule] for actual work performed and Reimbursable Expenses incurred during the period covered by the invoice. Invoices are due and payable within 30 days after receipt by the Client. 5.2 Additional Services. Client shall pay Malcolm Pirnie for Addidonal Services authorized and actually performed in accordance with monthly invoices issued in accordance with the Pricing Schedule. 5.3 litigation Services. If Client requires Malcolm Pirnie'-s services either as a witness in, or in support of, litigation or other dispute resolution procedures between Client and a NO OdcM.C/kph 1943-0Q3