2018-19 Standard Unit Rates*
* Survey costs provided include labor and report. Analysis for demolition survey charged at unit rates.
All rates subject to ALECS' "General Conditions to the Contract."
** Labor rates are regular time charges. Hours worked beyond 8 per day shall be charged at 1.5 times the given rate. Hours work on
federal holidays shall be charged at 2.2 the given rates.
** Labor rates are charged portal to portal for projects beyond the greater Capital Region (beyond 30 miles from
ALEC Services LLC’s home office in Troy, New York.)
*** Reduced turnaround time is available; please contact us for a quote on expedited analysis. Weekend analysis is
subject to shipping and laboratory availability.
All rates subject to ALECS' "General Conditions to the Contract."
** Labor rates are regular time charges. Hours worked beyond 8 per day shall be charged at 1.5 times the given rate. Hours work on
federal holidays shall be charged at 2.2 the given rates.
** Labor rates are charged portal to portal for projects beyond the greater Capital Region (beyond 30 miles from
ALEC Services LLC’s home office in Troy, New York.)
*** Reduced turnaround time is available; please contact us for a quote on expedited analysis. Weekend analysis is
subject to shipping and laboratory availability.
General Conditions to the Contract
1. PARTIES AND SCOPE OF WORK: ALEC Services, LLC (ALECS) shall include said company or its affiliate performing the work. “Work” means the service to be performed by ALECS as set forth in the proposal and these General Conditions. Any additional work ordered by the Client shall also be subject to these General Conditions. “Client” refers to the person or business entity ordering the work of this Agreement. If entity ordering the work is acting on behalf of another, such entity represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing the work. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of ALECS’ work. ALECS shall have no duty or obligation to any third party greater than that set forth in ALECS’ proposal, Client’s acceptance thereof and these General Conditions. The ordering of work from ALECS, or the reliance on any of ALECS’ work, shall constitute acceptance of the terms of ALECS’ proposal in its entirety including these General Conditions.
2. SCHEDULING OF WORK: The services set forth in ALECS’ proposal and Client’s acceptance will be accomplished by ALECS personnel at the prices quoted. If ALECS is required to delay commencement of the work or if, upon embarking upon its work, ALECS is required to stop or interrupt the progress of its work for any reason beyond the direct reasonable control of ALECS, additional charges will be applicable and payable by Client.
3. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for ALECS to perform the work. ALECS shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment. The Client shall be responsible for additional charges resulting from delay or restricted access to the site outside of ALECS’ control.
4. RESPONSIBILITY: ALECS’ work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. ALECS shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. ALECS’ work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. ALECS has no right or duty to stop the contractor’s work.
5. SAMPLE DISPOSAL: All samples, unless otherwise provided herein, will be disposed sixty (60) days after completion of tests.
6. PAYMENT: The quantities and fees provided in this proposal are based on information provided by Client and ALECS’ experience on similar projects. The actual total amount due to ALECS shall be based on the actual final quantities provided by ALECS at the unit rates provided herein. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of fifteen (15) percent per annum until paid. ALECS shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement. These General Conditions are notice, where required, that ALECS shall file a lien whenever necessary to collect past due amounts. Failure to make payment within 30 days of invoice shall constitute a release of ALECS from any and all claims which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the time.
7. ALLOCATION OF RISK: Client agrees that ALECS’ services will not subject ALECS’ individual employees, officers or directors to any personal liability, and the CLIENT agrees that its sole and exclusive remedy be to direct or assert any claim, demand or suit only against ALECS. Statements made in ALECS’ reports are opinions based upon the reasonable exercise of judgment in accordance with the Standards of Care in the respective industry and are not to be construed as statements of fact.
Should ALECS or any of its employees be found to have been negligent in the performance of its work, or to have breached any express warranty, representations or contract, the client as well as all parties claiming through the client and all parties claiming to have relied in any way upon ALECS’ work agree that the maximum aggregate amount of liability shall be limited to $20,000 or the amount of the fees paid to ALECS for its work on the project, whichever is greater.
In the event the Client is unwilling or unable to limit ALECS’ liability in accordance with the provisions of this paragraph, IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT ALECS’ LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT’S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF ALECS’ LIABILITY TO $250,000.00 OR THE AMOUNT OF ALECS’ FEE PAID TO ALECS FOR ITS WORK ON THE PROJECT, WHICHEVER IS THE GREATER, BY AGREEING TO PAY ALECS A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR ALECS’ SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY’S FEES EXPENDED BY ALECS IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT.
No action or claim, whether in tort, contract or otherwise, may be brought against ALECS’ more than one (1) year after the completion of work, regardless of the date of discovery of such claim.
8. INDEMNITY: Subject to the above limitations, ALECS agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney’s fees and court costs to the extent arising out of ALECS’ negligence as finally determined by a court of law. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client’s principal shall bring any suit, cause of action, claim or counterclaim against ALECS, the Client and the party initiating such action shall pay to ALECS the costs and expenses incurred by ALECS to investigate, answer and defend it, including reasonable attorney’s and witness fees and court costs to the extent that ALECS shall prevail in such suit.
9. TERMINATION: This Agreement may be terminated by either party upon seven days’ prior written notice. In the event of termination, ALECS shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses.
10. EMPLOYEES/WITNESS FEES: Client agrees to pay ALECS’ legal expenses, administrative costs and fees pursuant to ALECS’ then current fee schedule for ALECS to respond to any subpoena. For a period of one year after the completion of any work performed under this agreement, Client agrees not to solicit, recruit, or hire any ALECS employee or person who has been employed by ALECS within the previous twelve months.
11 HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring ALECS to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or law. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants.
12. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable.
13. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto.
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1. PARTIES AND SCOPE OF WORK: ALEC Services, LLC (ALECS) shall include said company or its affiliate performing the work. “Work” means the service to be performed by ALECS as set forth in the proposal and these General Conditions. Any additional work ordered by the Client shall also be subject to these General Conditions. “Client” refers to the person or business entity ordering the work of this Agreement. If entity ordering the work is acting on behalf of another, such entity represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing the work. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of ALECS’ work. ALECS shall have no duty or obligation to any third party greater than that set forth in ALECS’ proposal, Client’s acceptance thereof and these General Conditions. The ordering of work from ALECS, or the reliance on any of ALECS’ work, shall constitute acceptance of the terms of ALECS’ proposal in its entirety including these General Conditions.
2. SCHEDULING OF WORK: The services set forth in ALECS’ proposal and Client’s acceptance will be accomplished by ALECS personnel at the prices quoted. If ALECS is required to delay commencement of the work or if, upon embarking upon its work, ALECS is required to stop or interrupt the progress of its work for any reason beyond the direct reasonable control of ALECS, additional charges will be applicable and payable by Client.
3. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for ALECS to perform the work. ALECS shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment. The Client shall be responsible for additional charges resulting from delay or restricted access to the site outside of ALECS’ control.
4. RESPONSIBILITY: ALECS’ work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. ALECS shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. ALECS’ work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. ALECS has no right or duty to stop the contractor’s work.
5. SAMPLE DISPOSAL: All samples, unless otherwise provided herein, will be disposed sixty (60) days after completion of tests.
6. PAYMENT: The quantities and fees provided in this proposal are based on information provided by Client and ALECS’ experience on similar projects. The actual total amount due to ALECS shall be based on the actual final quantities provided by ALECS at the unit rates provided herein. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of fifteen (15) percent per annum until paid. ALECS shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement. These General Conditions are notice, where required, that ALECS shall file a lien whenever necessary to collect past due amounts. Failure to make payment within 30 days of invoice shall constitute a release of ALECS from any and all claims which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the time.
7. ALLOCATION OF RISK: Client agrees that ALECS’ services will not subject ALECS’ individual employees, officers or directors to any personal liability, and the CLIENT agrees that its sole and exclusive remedy be to direct or assert any claim, demand or suit only against ALECS. Statements made in ALECS’ reports are opinions based upon the reasonable exercise of judgment in accordance with the Standards of Care in the respective industry and are not to be construed as statements of fact.
Should ALECS or any of its employees be found to have been negligent in the performance of its work, or to have breached any express warranty, representations or contract, the client as well as all parties claiming through the client and all parties claiming to have relied in any way upon ALECS’ work agree that the maximum aggregate amount of liability shall be limited to $20,000 or the amount of the fees paid to ALECS for its work on the project, whichever is greater.
In the event the Client is unwilling or unable to limit ALECS’ liability in accordance with the provisions of this paragraph, IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT ALECS’ LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT’S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF ALECS’ LIABILITY TO $250,000.00 OR THE AMOUNT OF ALECS’ FEE PAID TO ALECS FOR ITS WORK ON THE PROJECT, WHICHEVER IS THE GREATER, BY AGREEING TO PAY ALECS A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR ALECS’ SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY’S FEES EXPENDED BY ALECS IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT.
No action or claim, whether in tort, contract or otherwise, may be brought against ALECS’ more than one (1) year after the completion of work, regardless of the date of discovery of such claim.
8. INDEMNITY: Subject to the above limitations, ALECS agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney’s fees and court costs to the extent arising out of ALECS’ negligence as finally determined by a court of law. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client’s principal shall bring any suit, cause of action, claim or counterclaim against ALECS, the Client and the party initiating such action shall pay to ALECS the costs and expenses incurred by ALECS to investigate, answer and defend it, including reasonable attorney’s and witness fees and court costs to the extent that ALECS shall prevail in such suit.
9. TERMINATION: This Agreement may be terminated by either party upon seven days’ prior written notice. In the event of termination, ALECS shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses.
10. EMPLOYEES/WITNESS FEES: Client agrees to pay ALECS’ legal expenses, administrative costs and fees pursuant to ALECS’ then current fee schedule for ALECS to respond to any subpoena. For a period of one year after the completion of any work performed under this agreement, Client agrees not to solicit, recruit, or hire any ALECS employee or person who has been employed by ALECS within the previous twelve months.
11 HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring ALECS to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or law. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants.
12. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable.
13. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto.
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