David
F. Wood Consulting Ltd. (the Consultant) provides
project consulting services in engineering geology,
rock engineering and shotcrete technology. The
Consultant undertakes to execute all assignments
in accordance with presently accepted engineering
practices and grants no warranty, either expressly
or implicitly, as a part of performance of its
work. David Wood is a Professional Engineer registered
in Ontario, Canada, a Chartered Engineer registered
in London, England and is Designated a Consulting
Engineer through Professional Engineers Ontario.
LIABILITY
The Consultant carries and maintains commercial
general liability insurance in the amount of $2,000,000
CDN and errors and omissions professional liability
insurance in the amount of $1,000,000 CDN. The
Client expressly agrees that the Consultant's
employees and principals shall have no personal
liability to the Client in respect of a claim,
whether in contract, tort, and/or any other cause
of action in law. Accordingly, the Client agrees
that it will bring no proceedings and take no
action in any court of law against any of the
Consultant's employees or principals in their
personal capacity.
ENGINEERING GEOLOGICAL DATA
Engineering geological and rock mass data, field
logs and tests are indicative of conditions existent
at the actual locations where, and times when,
the data were collected. Interpolation and extrapolation
of rock mass conditions will be carried out. However,
the interpretations gathered from one location
at one time are not necessarily indicative of
conditions at other locations or at other times.
RIGHT OF ENTRY
The Client shall arrange and make provision for
entry and ready access to work sites in connection
with the project.
INVOICES
Invoices for services performed will be submitted
regularly. Payment will be due within 30 days
of the invoice date, unless otherwise agreed.
A handling charge of 10% will be added to reimbursable
expenses if invoices remain unpaid after 30 days.
In the event that the Client requests termination
of work prior to its completion, the Consultant
reserves the right to complete, at the Client's
expense, such analyses and records as are considered
necessary by the Consultant to place its files
in order and/or to protect its professional reputation
and legal liability.
SERVICES BY OTHERS
On occasion, specialized services by other consultants
or technical companies may be needed. They will
only be utilized with the Client's approval.
RESTRICTIONS ON DOCUMENTS
As a mutual protection to Clients, the public
and the Consultant, all documents, including data,
designs, drawings, reports and other documents
prepared by the Consultant in connection with
a project are submitted as the confidential information
and record of the Client for that specific project.
They shall not be used on any other work without
the Consultant’s prior written agreement.
Authorization for publication of said documents
including statements, interpretations, conclusions
and abstracts is reserved pending written approval.
The Consultant will not be responsible for any
consequence resulting from the reliance on, or
use by others of, any of said documents, statements
or conclusions.
FORCE MAJEUR
Both the Client and the Consultant are excused
from default of performance brought about by conditions
entirely beyond the control of either, such as:
war; strikes; riots; civil insurrection; or similar
events.
CHARGES
Fees for services are based on time expended
on behalf of the Client in support of a specific
project. Daily rates are based on 8 hours per
day in the office and may be negotiated for field
or international project work. Charges for project
work of a long duration may be negotiated with
the Client.
Time expended on the project, whether in the
Consultant’s office, at the Client's premises,
or elsewhere, will be charged. When travelling
is required as part of the work, time spent in
either local or inter-city travel will be charged
in accordance with the attached fee schedule.
When travelling long distances a maximum charge
of one day per day of travel time will be made.
PROFESSIONAL FEES
Within
Canada |
$150.00 CDN
per hour, or |
$1,200.00
CDN per day, plus 5% GST |
Within
USA |
|
$1,000.00 US per day |
International |
negotiable
depending on duration of assignment |
REIMBURSABLE EXPENSES
All charges for reimbursable expenses incurred
as part of the work are initially invoiced at
cost. A 10% handling charge will be levied for
unpaid invoices. Examples of work-related costs
are:
•
Transportation (including air travel, travel insurance,
car rental, gas for rental car, taxis or other
means of transportation, parking), accommodation
and subsistence incurred for necessary out-of-town
travel. Transportation by personal vehicle at
$0.75 CDN per kilometre for local travel. Meals
at $60.00 CDN per day unless otherwise negotiated.
• Mobilization
to a site location, subsistence at site, and demobilization.
• Facsimile,
long distance voice communications, courier charges,
and special mail services.
• Reproduction,
duplication and report preparation.
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