HomeMy WebLinkAboutCascade Earth Sciences - Maintain Water Sentinel websiteDate: May 3, 2017
Project Name: 2017 Water Sentinel Annual Maintenance
Client: City of Pasco
Address: PO Box 293/525 N Third Avenue
PROJECT WORK ORDER
Promo #:
P201723022
Telephone:
(509)545-3444
Fax:
Email:
Pasco, WA 99301 Ordered by:
Client hereby employs Cascade Earth Sciences (hereinafter referred to as CES) to accomplish the following services:
This is an annual lump -sum fee for hosting and maintaining the City of Pasco Water Sentinel website on our contracted internet
server for May 1, 2017 through April 30, 2018. CES will also provide technical support and minor programming updates to the
Water Sentinel.
Note: The cost quotes contained in this work order do not
include sales or other applicable taxes. Ifit is determined
Total Estimated Cost: $ 3,600.00 that taxes are required, they will be in addition to cost
Al! fees not listed above are to be paid by Client. quotes provided.
Price and Terms of Payment: The parties agree that the cash price for labor and fees to be furnished by CES is $ 3,600.00
Of said price, Client agrees to pay • $ - on the signing hereof and any remaining balance up to $ 3,600.00
in the following manner. ❑ Monthly Billing Billing Upon Authorization
*Retainer to be applied at the discretion of CES unless otherwise nevotiated
This is a lump sum project: As variables unknown at this time become known during the course of performing said services, it
may become apparent to CES that the total fee necessary to accomplish said services exceeds the above -stated total. Should this be
the case, CES shall suspend further work until such time as a revised work order has been signed by Client authorizing CES to
proceed. CES will honor the quoted cost estimate for ninety (90) days and thereafter reserves the right to make any necessary
modifications.
Liens/Interest: CES reserves the right to file liens and/or charge interest on overdue payments covered under this Contract.
Attorney Fees: If CES utilizes the services of an attorney at law for the purpose of collecting any amount due and unpaid by Client,
then client agrees to pay CES reasonable attorney fees for such service, regardless of the fact that no legal action may be commenced
or filed by CES. In the event of any legal action or proceeding between the parties, the prevailing party shall be entitled to court
costs, reasonable attorney fees, and expenses in any such action or proceeding including an appeal therefrom.
Liability: If there is more than one owner, the obligation of each and all shall be jointly and several.
Dated: 5/3/2017��fp� Sara Rodriguez
CES P Jett Manager Signature CES Project Manager
Doc: P201723022 City of Pasco WS Renewal.xlsx 5/3/2017
I
TERMS AND CONDITIONS
1.0 PAYMENT TERMS — All invoices are due within 30 days from the date of the invoice. A finance
charge of 1.5% may be assessed on the unpaid balance, if payment is not received within the 30 -day period.
2.0 CREDIT APPROVAL —Cascade Earth Sciences, Ltd. (Company) reserves the right to deny any
signed Authorization based upon a credit evaluation by Company credit/collections department. Client
will be notified in writing of such credit denial.
3.0 NOTICE — Any notice to be given under this Authorization shall be delivered in person or mailed to
the representative executing the Authorization. Every notice given shall be effective when received.
4.0 APPLICABLE LAWS — Both parties to this Authorization shall at all times comply with applicable
laws, ordinances, statutes, rules, or regulations including those relating to wage, hours, fair employment
practices, anti -discrimination, and project specific safety plans.
5.0 INSURANCE — Company maintains commercial general liability coverage of $1,000,000 per
occurrence and $2,000,000 in aggregate, automobile insurance coverage of $1,000,000, workers
compensation/employers liability is maintained as required by law, and professional liability and pollution
insurance coverage of $2,000,000 per occurrence and in aggregate. Certificate of insurance are provided
upon request. Specific project insurance requirements are negotiated as required. Any additional fees
associated with "project specific' insurance requirements, which are above and beyond the normal
insurance coverage Company maintains, will be added to the overall cost of the project.
6.0 INDEMNIFICATION — Client shall indemnify and hold harmless Company from and against all
claims and actions, including all expenses incidental to such claims and actions, based on or arising out of,
damages or injuries to persons or property caused by the negligence or misconduct of Client
Company shall indemnify and hold harmless Client from and against all claims and actions, including all
expenses incidental to such claims and actions, based on or arising out of, damages or injuries to persons or
property caused by the negligence or misconduct of Company.
7.0 LIMITATION OF LIABILITY —In no event shall Company have any liability (whether in contract,
tort [including negligence], or otherwise), for any damages for lost profits, lost savings, loss of use, business
interruption, environmental impairment, lost or damaged files or data, or otherwise for any special,
incidental, or consequential damages in connection with this transaction, even if Company has been
advised of the possibility of such damages. Company liability for damages, from any causes whatsoever,
and regardless of the form of action, will be limited to the actual damages proven, in no event to exceed
total purchase consideration for the provided service. Notwithstanding anything herein to the contrary,
neither Client nor Company nor any of their respective officers, directors, employees, or agents shall be
liable for losses constituting treble, exemplary, or punitive damages.
8.0 OWNERSHIP OF DOCUMENTS — Company shall retain sole ownership of all materials prepared
or developed hereunder by Company, its employees, subcontractors or their employees or agents,
including but not limited to documents, calculations, maps, sketches, designs, tracings, notes, reports, data,
computer programs, models, and samples ("Work Product'). Subject to the payment of all fees and
expenses owed to Company under this Contract, Company hereby grants to Client a fully paid, non-
exclusive license and rights to use, copy, and modify the Work Product for internal business purposes.
Client agrees to defend, indemnify, and hold harmless Company against and from any and all losses,
claims, or suits, including costs and attorneys' fees, for or on account of any modification of the Work
Product (other than modifications performed by Company) or any use of the Work Product in connection
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with any project other than the work for which it was originally provided by Company. Company reserves
the right to maintain project files no longer than 7 years after closure of project
9.0 PREVAILING PARTY — In the event of any legal action or proceeding between the parties, the
prevailing party shall be entitled to court costs, reasonable attorney fees, and expenses in any such action or
proceeding including an appeal therefrom. If Company institutes collection proceedings for late payments,
the award shall include a sum for reasonable collection costs.
10.0 NOTICE TO STOP WORK OR RIGHT TO FILE LIEN — In the event the account becomes
delinquent (60-90 days outstanding from the date of the invoice), Company reserves the right to pursue
collections and work will be stopped on the project. Nothing herein shall prevent from timely filing of a
lien on its own behalf to secure payment of the money due under this Authorization, should it be deemed
necessary.
11.0 CONFIDENTIALITY — Both parties agree not to disclose to third parties confidential information,
proprietary information, or trade secrets which have been provided to the other, have not been previously
disclosed to outside third parties, or is not in the public domain without the other parties prior written
permission. Project summaries may be used for educational and marketing purposes, unless Client
requests confidentiality in writing. Private Clients will not be referenced by name without written
permission.
12.0 GOVERNING LAW — These terms and conditions shall in all respects be interpreted and construed
and the rights of the parties hereto shall be governed by the laws of the State of Oregon.
13.0 EQUAL OPPORTUNITY EMPLOYER — Company is an equal opportunity employer and federal
contractor or subcontractor. Consequently, the parties agree that, as applicable, they will abide by the
requirements of 41 CFR 60-1A(a), 41 CFR 60.3005(a) and 41 CFR 60-741.5(a) and that these laws are
incorporated herein by reference. These regulations prohibit discrimination against qualified
individuals based on their status as protected veterans or individuals with disabilities, and prohibit
discrimination against all individuals based on their race, color, religion, sex, gender identity, sexual
orientation, or national origin. These regulations require that covered prime contractors and
subcontractors take affirmative action to employ and advance in employment individuals without
regard to race, color, religion, sex, national origin, protected veteran status or disability. The parties also
agree that, as applicable, they will abide by the requirements of Executive Order 13496 (29 CFR Part 471,
Appendix A to Subpart A), relating to the notice of employee rights under federal labor laws.
14.0 STATUTE OF LIMITATIONS — No legal action, regardless of form, arising out of this Authorization
may be brought more than two (2) years after the cause of action occurred.
15.0 ACCESS TO PROPERTY - LOCATION OF UNDERGROUND FACILITIES — It is the sole
responsibility of the Client to ensure that Company access to the property is granted by all parties involved.
Also, the Client is responsible for determining if excavations, borings, etc., which are proposed by
Company, are in an area that will not affect or be impacted by buried utilities, tanks, or other objects of
functional value.
16.0 SEVERABILITY — In the event any term or section of these terns and conditions is held to be illegal
or in conflict with any law of the state where made, the validity of the remaining provisions shall not be
effected and these terms shall be construed and enforced as if they did not contain the particular term or
provision.
Any Company contract may be canceled for nonpayment offees and all Company duties, expressed or implied by the contract, are revoked
at cancellation.
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