Electrical Safety Arc Flash Document

ELECTRICAL SAFETY ARC FLASH ASSESSMENT AND SERVICE AGREEMENT

Parties and Recitals

This Agreement is made between Client Name: and Contractor Name: (collectively, the Parties).

WHEREAS, Contractor is engaged in the performance of electrical safety services and arc flash hazard assessment, and represents that it has the experience, training, and certifications required to perform such work; and

WHEREAS, Client operates the facility identified below and desires Contractor to perform an arc flash assessment, hazard mitigation recommendations, and related services set forth in this Agreement; and

WHEREAS, the Parties intend by this Agreement to set forth the scope of work, payment terms, confidentiality, and other terms governing performance of the Services described herein.

Project Identification

Scope of Work

Contractor shall perform an arc flash hazard assessment and provide corrective recommendations, reporting, and training as set forth below. The scope includes initial site survey, data collection, short-circuit and coordination analysis as necessary, incident energy calculations, PPE category determination, labeling recommendations, and a written report of findings with prioritized corrective actions.

Assessment Details and Findings

Assessment Date:   Report Reference Number:

Incident Energy Determination Method:   Max Calculated Incident Energy (cal/cm²):

Category 0 Category 1 Category 2 Category 3 Category 4

Compliance, Certification, and Acknowledgements

Contractor certifies that the assessment was performed by personnel qualified in electrical hazard analysis and arc flash assessment, and that calculations and labels provided reflect the data collected at the time of inspection. Contractor shall maintain records of calculations and supporting data for a minimum of three years and provide copies upon Client request.

Client acknowledges receipt of the written report and understands recommendations.

Payment Terms

Client agrees to pay Contractor the fees described below. All fees are due in accordance with the invoice schedule below. Contractor may suspend Services for nonpayment in accordance with this Agreement.

Term and Termination

This Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated as provided herein.

Either Party may terminate this Agreement for material breach by the other Party if such breach remains uncured for Notice Period (days): after written notice. Termination for convenience by Client requires written notice and payment for Services performed up to the date of termination.

Confidentiality

For purposes of this Agreement, Confidential Information means nonpublic technical, business or financial information disclosed by one Party to the other in connection with the Services, including but not limited to site drawings, single-line diagrams, protective device settings, and test reports. Each Party shall (a) maintain Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information, but not less than reasonable care; (b) not disclose Confidential Information to any third party except to Personnel who have a need to know and who are bound by confidentiality obligations at least as protective as those herein; and (c) use Confidential Information solely to perform its obligations under this Agreement.

Confidential Information does not include information that (i) is or becomes publicly available through no breach of this Agreement; (ii) was known to the recipient prior to disclosure without obligation of confidentiality; (iii) is independently developed by the recipient without use of the disclosing Party's Confidential Information; or (iv) is required to be disclosed by law, provided the recipient gives prompt written notice to the disclosing Party to permit a protective order or other remedy.

Limitation of Liability

Contractor's liability for direct damages arising out of or related to the Services shall be limited to the amount of fees paid by Client to Contractor under this Agreement for the work giving rise to the claim. In no event shall either Party be liable for incidental, special, punitive, or consequential damages. Nothing in this clause limits liability for gross negligence or willful misconduct.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of: without regard to its conflict of laws principles. The Parties shall attempt in good faith to resolve disputes promptly by negotiation between senior representatives. If negotiation fails, disputes shall be resolved by litigation in a court of competent jurisdiction in the specified State.

Entire Agreement; Amendments

This Agreement, including any attachments and referenced reports, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. No amendment or waiver shall be effective unless in writing and signed by authorized representatives of both Parties.

Certifications and Insurance

Contractor represents that it maintains workers' compensation, commercial general liability, and professional liability insurance in amounts customary for the industry and shall provide certificates of insurance upon Client request. Contractor further certifies that personnel performing Services are trained in safe work practices and will comply with Client site rules while on premises.

Acceptance

By signing below, the undersigned representatives warrant their authority to bind the respective Parties to the terms of this Agreement and acknowledge acceptance of the scope, fees, and terms contained herein.

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