|
Contract 1930:Williams SS/NLS Page 2
<br /> April 16,2019
<br /> 4,3 Client is responsible for executing all manifests or other documents evidencing ownership,possession or control over Haza dous Materials.
<br /> Client shall provice all required notifications to applicable Governmental Agencies,regulatory bodies or the public related to the existence,
<br /> discharge,release,disposal,and/or transportation of Hazardous Materials.
<br /> Section 5:Utilities
<br /> 5.1 In the prosecution of his work,the Consultant will take all reasonable precautions to avoid damage or injury to subterranear structures or
<br /> utilities, The ownar agrees to hold the Consultant harmless for any damage to subterranean structures or utilities which are not ;died to the
<br /> Consultant's attention and correctly shown on the plans furnished.
<br /> Section 6:Sampces
<br /> 6.1 Soil samples will be examined in the field and will remain on-site in most cases. Samples collected for laboratory analysis v ill be held by
<br /> Consultant's laboratory for up to 30 days. Disposal of all hazardous materials is the responsibility of the owner.
<br /> Section 7:Invoices
<br /> 7,1 The Consultant will submit invoices to the Client monthly and a final bili upon completion of services.
<br /> 7.2 All check payments must be made out to Live Oak GeoEnvironmental,Inc. The address is 407 W.Oak Street,Lodi,CA 952 40.
<br /> 7.3 Payment is due upon presentation of the work product and invoice.Any prepayment and periodic invoicing will be applied# the final invoice
<br /> amount.
<br /> Section 8:Ownership of Documents
<br /> 8.1 All reports,boring logs,field notes,laboratory test data,calculations,estimates,and other documents prepared by the Con uitant,as
<br /> instruments of service,shall remain the property of the Consultant.
<br /> 8.2 Client agrees that all reports and other work furnished to Client and Client's agents,which are not paid for,will be returned ipon demand and
<br /> will not be used by the Client for any purpose whatever.
<br /> 8.3 The Consultant will retain all records relating to the services performed for a period of five years following submission of the report.
<br /> Section 9:Disputes
<br /> 9.1 All disputes between Consultant and Client are subject to mediation.either parry may demand mediation by serving a writtt n notice stating the
<br /> essential nature of the dispute,the amount of time or money claimed,and requiring that the matter be mediated within 45 days of service of notice.
<br /> 9.2 No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice;or mediator i occurred but does
<br /> not resolve the dispute:or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice.
<br /> 9.3 This Agreement will be construed in accordance with and governed by the laws of the State of California.Unless the partieE agree otherwise,
<br /> any mediation or other legal proceeding will occur in San Joaquin County.
<br /> 9.4 Any applicabe statute of limitations will be deemed to commence running on the earlier of the date of substantial completic n of Consultant's
<br /> Services under this Agreement or the date on which claimant knew,or should have known,of facts giving rise to Its claims.
<br /> Section 10:Standard of Care
<br /> 10.1 Service performed by the Consultant under this agreement will be conducted in a manner consistent with the level of care rid skill ordinarily
<br /> exercised by members of the profession currently practicing under similar conditions. No other warranty,expressed or implied,is made.
<br /> 10.2 The Client recognizes that conditions may vary from those encountered at the location where borings,survey,expforation ,or sampling were
<br /> performed by the Consultant and that the data,interpolations,and recommendations of the Consultant are based solely on the formation available
<br /> to Consultant. Often many different levels of investigation are available,where more exhaustive investigations yield more inform ation and reduce the
<br /> possibility of error but necessarily involve greater cost. Client has considered the current scope of work and determined that C11 ent does not want or
<br /> need a greater level of service than that being provided,
<br /> 10.3 Consultant shall not be responsible for the interpretation by others of the data,interpolations,and recommendations developed by Consultant.
<br /> 10.4 Client acknowledges that Projects that include hazardous or toxic materials and/or ihvestigations of chemicals in the envirc nment involve
<br /> inherent uncertainties,such as limitations on laboratory analytical methods and variations in subsurface conditions.Such uncert ainties may
<br /> adversely affect a Project's results,even though the Services are performed with skill and care.
<br /> 10.5 The investigation,characterization and investigation of hazardous wastes involve technologies which are rapidly evolving. ixisting state-of-the-
<br /> art technologies are often new and untried,and future technologies may supersede current techniques,in addition,standards fe r investigation,
<br /> including statutes and regulations,change with time.Client understands that Consultant's recommendations must be based up n current
<br /> technologies and standards and may differ from the recommendations that might be made at a later time.
<br /> Section 11:Termination
<br /> 11.1 This agreement may be terminated by either party upon seven M days written notice in the event of substantial failure by a other party to
<br /> perform in accomance with the terms thereof. Such termination shall not be effective if that substantial failure has been remedied before expiration
<br /> of the pariod specified in the written notice. In the event of termination,the Consultant shall be paid for services performed to tt ie date the
<br /> termination notice was received,as well as any outstanding laboratory or other services which cannot be canceled,plus reason ible expenses
<br /> associated with terminating the project.
<br /> Section 12:Assiqns
<br /> 12.1 Neither the Client nor the Consultant may delegate,assign,sublet,or transfer his duties or interest in this agreement witho it the written
<br /> consent of the other party,with the exception of subcontractors retained by the Consultant to perform portions of the project
<br /> Section 13:Special Contract Terms
<br /> 13.1 This agreement shall become effective on the final date signed and shall run continuous for a,period of 12 months unless tE rminated by either
<br /> party as set forth by conditions of Section 11.
<br /> END OF CONTRACT
<br />
|