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• • CONSULTANT AGF EEM ENT ((. FOR PROFESSIONAL SERVICES • THIS AGREEMENT FOR PROFESSIONAL SERVICES is made t'is 14th day of January,2013 between UMPQUA Testing Service, LLC,hereinafter referred to as the"CONSULT) NT'and Cornerstone Foundation System LLC, hereinafter referred to as the"CLIENT'. In consideration for the mutual promises contained herein,the CLIENT and CONSULTANT agree as follows: 1. BASIC CONSULTANT SERVICES. The CONSULTAN"will perform Materials Testing Services that are requssted by the CLIENT. All work to be done as per pla is and specifications supplied by the CLIENT(see Attachment A). The CONSULTANT shall log all time fc: work performed on a daily record and obtain a signature by the CLIENT'S supervisor or project manager,j(available). 2. CLIENT'S RESPONSIBILITIES. The CLIENT agrees to r'ovide the following to the CONSULTANT: a. Access to the project site. b. Information regarding site safety concerns and p otocol. CONSULTANT shall be allowed to attend regular safety meetings,where applicable. c. Traffic control. 3_ PAYMENTS TO THE CONSULTANT. The CLIENT agrees to pay the CONSULTANT as follows: a. Basic CONSULTANT Services. In consideratio'i for performing said services,the CLIENT agrees to compensate the CONSULTANT on the t flowing basis: Time and Materials basis In accordance with "UTS Material Testing and luallty Control Services Price List & General Terms and Conditions" in effect at the time rf service (A Price List can be downloaded at www.UmpquaTesdng.com). ` b. Time of Payment The CONSULTANT may submit invoices to the CLIENT not more than once each month. Such invoices will represent the va ue of the completed work for the previous month and will be prepared in a form and supported br documentation as the CLIENT may reasonably require. Payment in full w18 be made by the CI LENT to the CONSULTANT wIthin 30 days after receipt of invoice. 4. PAYNIENT IN EVENT OF TERMINATION. This Agreeme nt may be terminated by either party at any time. In the event this Agreement is terminated, the CONSULT 4NT will be compensated for services performed up to the date of termination in accordance ic*h tht above provisions for PAYMENTS TO THE CONSULTANT. 5. PERFORMANCE. The standard of care applicable to CCNSULTANT's services will be that degree of skill and diligence normally employed by certified Materials Testing Laboratories and personnel performing the same or similar work. The CONSULTANT and CLIENT agree to work together and develop a teaming relationship for the completion of all required work under his Contract. This includes, but Is not limited to, the methods used for completion of the work, level ci accuracy required, record keeping methods, communication protocol.etc. The CONSULTANT shall be allowed to provide internal quality control to the level they deem necessary for providing an accurate work i roduct. 6. TIME PERIOD FOR PERFORMANCE OF SPECIFIED SEE:VICES. The CONSULTANT recognizes that the services of the CLIENT and other Consultants involves in the project are dependent on the time of perfonnance of the CONSULTANTs services. The CLIENT shall provide timely notification of testing needs. Notification shall be given no later than 48 hours prior to needing testing services on site. It is understood that immediate needs for testing may arise from time to tin a,and CONSULTANT shall exercise reasonable effort to provide the service requested. 130114-Ljsa(WI-Consulting Agreement Short Form) I Price List&General Terms and Conditions are attached. I