Subcontractor services letter for DEP, February 2012

NYC 9/11 Public Portal Document

475 Park Avenue South, i 0`" Floor Jenny/BAG Killam A Joint Venture New York, NY 10016-6901 Tel (212) 532-4111• Fax (212) 532-3973

February 8, 2012

Mr. Richard W. Kimball 302 South 36`h Street, Suite 400 Omaha, NE 68131

Re: EE-GEO-02 & EE-GEO-03 Geotechnical Engineering Services for Water Tunnel Construction Contract No. 82620060020284 PIN: j PII Agreement'Yor'5uocontractor Services for the Technical Review Committee (TRC)

Dear Mr. Kimball:

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

1) You will provide services for the above-referenced project as a member of a technical review 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.

2) You agree to perform your Services in accordance with the standard of care of comparable con- 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.

3) Compensation for your Services shall be made on the basis of an agreed hourly rate for time 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.gov, per diem rates, depending on the location in New York where the meetings are be- ing held.

4) Compensation will be made for time spent in meetings and deliberations of the TRC, for review- ing documents provided by Jenny/BAC Killam and preparation in advance of the TRC, and travel- -- ` ling from you home offide' to the"specified location for the TRC meetings. - . -.--..- - —' " ``' --- ' --

More specifically, your Services will be compensated at a rate of $125.00 per hour. Expenses will be compensated as stated above without markup.

5) We may terminate this agreement at any time, in which case you shall be compensated for any requested Services provided up to, and including, the date of termination.

6) You agree to waive and release Jenny/BAC Killam and any other parties to whom Jenny/BAC Killam may be liable from any losses, claims, expenses or damages arising in whole or in part from any bodily or personal injury or losses, claims, expenses or damages related thereto, includ- ing death, which are in any manner sustained by Consultant. Other than as provided in Article 5, we agree to waive and release any claims we may have against you related to any personal or professional liability arising from the activities and recommendations made by you as a TRC

— A JOINT VENTURE — Jenny Engineering Corporation & i3AC Killam Inc. In association with !Taker Engineering NY, Inc.

NYC-WTC 000159335