|
•
<br /> GENERAL CONDITIONS FOR
<br /> ENVIRONMENTAL CONSULTING SERVICES
<br /> L DEFINITIONS 23. Excluded Services. Consultant's Services under this
<br /> Agreement include only those Services specified in the SCOk
<br /> LL Contract Documents. Plans, specifications, and OFSERVICES.
<br /> agreements between Client and Contractors, including
<br /> addenda,amendments,supplementary instructions,and change 2.3.1. General. Client expressly waives any claim
<br /> orders. against Consultant resulting from its failure to perform
<br /> recommended additional Services that Client has not
<br /> L2 Contractor. The contractor or contractors, and authorized Consultant tofo er
<br /> including iWtheir subcontractors of every tier, retained to P int, and any claim that
<br /> perform remediation work on the Project for which Consultant Consultant failed to perform services that Client instructs
<br /> Consultant not to perform.
<br /> is providing Services under this Agreement
<br /> 1.3.Day(s).Calendar day(s)unless otherwise stated. 2.3.2 .Biological Pollutants. Consultant's SCOPE OF
<br /> SERVICES specifically specifically excludes the investigation, detection,
<br /> 1.4. Hazardous Materials.Any toxic substances,chemicals, prevention or assessment of the presence of Biological
<br /> radioactivity, pollutants or other materials, in whatever form Pollutants. The tens `Biological Pollutants" includes, but is
<br /> or state,known or suspected to impair the environment in any not limited to, molds, fungi, spores, bacteria, viruses, and/or
<br /> way whatsoever. Hazardous Materials include, but are not any of their byproducts. Consultant's SCOPE OF SERVICES will
<br /> limited to, those substances defined, designated or listed in not include any interpretations,recommendations, findings,or
<br /> any federal, state or local law, regulation or ordinance conclusions pertaining to Biological Pollutants. Client agrees
<br /> concerning hazardous wastes,toxic substances or pollution. that Consultant has no liability for any claims alleging a
<br /> failure to investigate, detect, prevent, assess, or make
<br /> 1.5. Governmental Agencies. All federal, state and local recommendations for preventing, controlling, or abating
<br /> agencies having jurisdiction over the Project. Biological Pollutants. Furthermore, Client agrees to defend,
<br /> 1.6. Services. The professional services provided by indemnify, and hold harmless Consultant from all claims by
<br /> Consultant as set forth in this Agreement, the SCOPE OF any third party concerning Biological Pollutants, except for
<br /> SERVICES included in Exhibit A and any written amendment to damages caused by Consultant's sole negligence.
<br /> this Agreement.
<br /> 3.PAYMENTS TO CONSULTANT
<br /> 1.7. Work The labor, materials, equipment and services
<br /> required to complete the work described in the Contract 3.L Basic Services. Consultant will perform all Services set
<br /> Documents. forth in the SCOPE OF SERVICES AND SCHEDULE OF CHARGES for
<br /> the amount(s)set forth therein.
<br /> 2.SCOPE OF SERVICES 3.2.Additional Services.Any Services performed under this
<br /> Consultant will perform the Services set forth in the attached Agreement, except those Services expressly identified in the
<br /> SCOPE OF SERVICES, which may be amended by Client and attached SCOPE OF SERVICES, will be provided on a time and
<br /> Consultant in writing. materials basis unless otherwise specifically agreed to in
<br /> writing by both parties.
<br /> 2.1.Changes to Scope If Consultant provides Client with a
<br /> writing confirming a change in the SCOPE OF SERVICES, it will 3.3. Estimate of Feer. Consultant will, to the best of its
<br /> become an amendment to this Agreement unless Client objects ability, perform the Services and accomplish the objectives
<br /> in writing within 5 business days after receipt All Services defined in this Agreement within any written cost estimate
<br /> performed by Consultant on the Project are subject to the provided by Consultant Client recognizes that changes in
<br /> terms and limitations of this Agreement If Consultant scope and schedule, and unforeseen circumstances can all
<br /> provides Services, but the parties do not reach agreement influence the successful completion of Services within the
<br /> concerning modifications to the SCOPE OF SERVICES or estimated cost The use of an estimate of fees or of a"not to
<br /> compensation, then the terms and limitations of this exceed"limitation is not a guarantee that the Services will be
<br /> Agreement apply to such Services, except for the payment completed for that amount; rather, it indicates that Consultant
<br /> terms. The parties agree to resolve disputes concerning will not incur fees and expenses in excess of the estimate or
<br /> modifications to scope or compensation pursuant to Section limitation amount without obtaining Client's agreement to do
<br /> 18,"Disputes." so.
<br /> 22. Licenser. Consultant will procure and maintain 3.4. Rates. Client will pay Consultant at the rates set forth
<br /> business and professional licenses and registrations necessary in the SCHEDULE OF CHARGES.
<br /> to provide its Services. 3.4.1. Changes to Rates. Client and Consultant agree
<br /> that the Schedule of Charges is subject to periodic review and
<br /> GENERAL CONDITIONS FOR ENVIRONMENTAL CONSULTING SERVICES Revised Nov 04
<br /> ®2004 All Rights Reserved Page GC-I of 5
<br /> Duplication,copying,reproduction of any type,use of the language involved,or excerption requires the express written permission of
<br /> both TERRA INSURANCE CONVANY(A RISK RETENTION GROUP)and ASFElTHE BEST PEOPLE ON EARTH
<br /> BSI
<br />
|