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-------- -------------------------------- <br /> 1-2d-1996 G: 17PM FROV' NEILL—INVESTIGATIV 7986050 v P. 5 <br /> GENERAL CONTRACTING and CONSULTING SERVICES <br /> AGREEMENT <br /> Master Agreement Contract 4087-T <br /> Agreement 1 <br /> THIS GENERAL CONTRACTING CONSULTM SERVICES AGREEMENT("Agreement",) dated as of August 1, <br /> 1995 is entered by and between Wright Environmental Services, Inc ("Cenvactar ) located at 4220 <br /> Commercial Dr. #5, Tracy, CA 95376 and Naomie K. King living Trust, dated June 7, 1990. (TRUST) <br /> represented by Connoly Law Office located at 121 East 11th Street Tracy, California 95378-0497 <br /> (Trust Attorney) <br /> RECITALS <br /> A. WHEREAS, Contractor is engaged In the business of providing general contacting and environmental <br /> ram-r- k services; and is license In the State of California (Lie #651501) to perform such services <br /> and herein informs Trust as required by state license board and <br /> 8. WHEREAS, TRUST has retained Contractor to provide certain general contracting/consulting and <br /> remediation services; and <br /> C. WHEREAS,TRUST and Contractor desire to memorialize these arrangements between them. <br /> NOW,TH EREPORE,the parties hereto agree as follows: <br /> 1. scope of Services <br /> (a) Contractor shall perform certain general contracting/consulting and remediation services for <br /> TRUST in accordance with written work authorisations signed from time to time by TRUST. Each such <br /> work authorization shall reference a proposal from Contractor to TRUST, which shall specify the <br /> particular services to be undertaken by Contractor and the estimated east to TRUST of providing such <br /> services. Each such work audwdzatlon signed by TRUST shag be an amendment to this agreement and <br /> shall be subject to all of the terms and conditions hereof. Each such work authorization shall be <br /> numbered sequentially and shag be in the form of the Work Authorization No.,2 which is attached <br /> hereto. The soepe of services authorized pursuant to work authorization signed by TRUST shall be <br /> referred to collectively as the "Project." The location(s) identified in the work authorization is (aro) <br /> hereinafter referred to as the "Site(s)." <br /> (b) Contractor may return to the Site, at TRUST's expanse, any soli, rock or lkluid samples which <br /> were collected by Contractor on the Project. Or Consultant may discard such sanples after a period of <br /> 30 days after dallmy of Contractor's report of the sample analyses to TRUST, unless TRUST requests <br /> in writing that samples be retained for a longer period specified by TRUST. Contractor wig store such <br /> samples for TRUST provided that a storage charge is agreed upon at the time by the parties. <br /> (c) Contractor shall perform its services hereunder in compliance with applicable federal, state and <br /> local laws and regulations. <br /> 2. Existing Conditions <br /> TRUST acknowledges that Contractor has not caused the.introduction of any hazardous substance, <br /> hazardous waste, petroleum hydrocarbon, pollutant or contaminant to the Site(s) and has not disposed <br /> of arty such materials to soil or ground water at the Site(s) or its environs. TRUST further <br /> aelmowledges that Contractor has been retained for the purpose of assisting TRUST to formulate and <br /> assist with the design and implementation of remedial work at the Site(s) and subject to Paragraph 12 <br /> hereto, shag bear no liability for any soil or ground water conditions existing at the Sites) or for the <br /> final disposition of any sod, rock or liquid removed from the Site(s) or relocated or disposed of at any <br /> other Site(s). <br /> 3. Cortiance with Generator Standards <br /> (a) TRUST acknowledges that as between TRUST and Contractor, Contractor is not the responsible <br /> party, generator of any hazardous or nonhazardous waste at or encountered during the course of the <br />