Subcontractor services letter for DEP, February 2012

NYC 9/11 Public Portal Document

475 Park Avenue South, 10`h Floor Jenny/BAC Killam New York, NY 10016-6901 Tel (212) 532-4111• Fax (212) 532-3973 Joint Venture A

February 16, 2012

Mr. Ian Michael Gowring 8921 Memory Lane Auburn, CA 95603

Re: EE-GEO-02 & EE-GEO-03 Geotechnical Engineering Services for Water Tunnel Construction Contract No. 82620060020284 ._.; PIN: ._._._._._._._.?ii Agreement for Subcontractor Services for the Technical Review Committee (TRC)

Dear Mr. Gowring: Consultant Jenny/BAC Killam, A Joint Venture (Jenny/BAC Killam) is pleased to retain your services as a in accordance with, and in consideration of, the following understandings:

technical review 1) You will provide services for the above-referenced project as a member of a committee (TRC) ("Services") on an as-needed basis at the request of Jenny/BAC Killam. Such Services will be provided in a fair, impractical and ethical manner. You represent that you have no conflict of interest that would prevent you from providing such Services.

comparable con- 2) You agree to perform your Services in accordance with the standard of care of sultants performing the same or similar Services, in full compliance at all times with applicable law and regulations. You shall at all times be an independent contractor, responsible for all bene- fit or tax payments of any kind arising out of your performance of the Services.

hourly rate for time 3) Compensation for your Services shall be made on the basis of an agreed spent providing the requested Services, and for actual associated expenses incurred in providing the requested Services, subject to maximum limitations. These limitations can be found online at www.gas.4ov, per diem rates, depending on the location in New York where the meetings are be- ing held. TRC, for review- 4) Compensation will be made for time spent in meetings and deliberations of the provided by Jenny/BAC Killam and preparation in advance of the TRC, and travel- ing documents - ling from your home office to.the specified location for the TRC meetings. , _. „~~„z,ti r _,, . Expenses More specifically, your Services will be compensated at a rate of $200.00 per hour. will be compensated as stated above without markup. shall be compensated for any 5) We may terminate this agreement at any time, in which case you requested Services provided up to, and including, the date of termination.

of the Services and you will in- 6) You agree to comply with all applicable laws in the performance claims, expenses demnify, defend and hold Jenny/BAC Killam harmless from any and all losses, violation of any laws.willful misconduct. or damages arising in whole or in part out of your parties to whom Jenny/BAC 7) You agree to waive and release Jenny/BAC Killam and any other Killam may be liable from any losses, claims, expenses or damages arising in whole or in part personal injury or losses, claims, expenses or damages related thereto, includ- from any bodily or

- A JOINT VF.NTURF. - Jenny Engineering Corporation & BAC Killam Inc. In association with Baker Engineering NY, Inc.

NYC-WTC 000159327