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<br /> GENERAL CONTRANG and CONSULTING SERIES AGREEMENT
<br /> Project No. 984216-P
<br /> THIS GENERAL CONTRACTING CONSULTING SERVICES AGREEMENT("Agreement%)dated as of March 25, 1998, is entered by
<br /> and between Wright Environmental Services, Inc. ("Contractor or Consultant") located at 67 E. 10th Street, Tracy, CA 95376 and
<br /> Nelson Ready Mix, Mr. Russ Nelson ("Client") located at 1040 Moffett Blvd. Ripon, CA 95366 and City of Ripon, Mr. Dale Ramey,
<br /> ('Client")259 N. Wilma Ave., Ripon, CA 95366.
<br /> RECITALS
<br /> A. WHEREAS, Contractor is engaged in the business of providing general contracting, consulting and environmental
<br /> remediation services; and Contractor is licensed by the State of California(#651501)to provide these services; and
<br /> B. WHEREAS, Client has retained Contractor to provide certain general contracting, consulting and remediation services at
<br /> 1040 Moffett Blvd., Ripon, CA 95366; and
<br /> C. WHEREAS, Client and Contractor desire to memorialize these arrangements between them.
<br /> NOW, THEREFORE,the parties hereto agree as follows:
<br /> 1. Scope of Services
<br /> (a) Contractor shall perform certain engineering, general contracting and environmental consulting services for Client in
<br /> accordance with written work authorizations signed from time to time by Client. Each such work authorization signed by Client shall
<br /> be an amendment to this agreement and shall be subject to all of the terms and conditions hereof. Each such work authorization
<br /> shall be numbered sequentially and shall be in the form of the Work Authorization No. 1 which is attached hereto. The scope of
<br /> services authorized pursuant to work authorizations signed by Client shall be referred to collectively as the"Project." The location(s)
<br /> identified in the work authorization is(are) hereinafter referred to as the"Site($)."
<br /> (b) Contractor may return to the Client or to the Site, at Client's expense, any soil, rock or liquid samples which were
<br /> collected by Contractor on the Project. Or Contractor may discard such samples after a period of 30 days after delivery of
<br /> Contractor's report of the sample analyses to Client, unless Client requests in writing that samples be retained for a longer period
<br /> specified by Client. Contractor will store such samples for Client provided that a storage charge is agreed upon at the time by the
<br /> parties.
<br /> (c) Contractor shall perform its services hereunder in compliance with applicable federal, state and local laws and
<br /> regulations.
<br /> 2. Existing Conditions Client acknowledges that Contractor has not caused the introduction of any hazardous substance, hazardous
<br /> waste, petroleum hydrocarbon, pollutant or contaminant to the site(s) and has not disposed of any such materials to soil or
<br /> groundwater at the site(s)or its environs_ Client further acknowledges that Contractor has been retained for the purpose of assisting
<br /> Client to assess and minimize environmental impacts to site(s), to formulate and assist with the design, implementation of remedial
<br /> work and subject to Paragraph 12 hereto, shall bear no liability for any soil or groundwater conditions existing at the site(s) or for the
<br /> final disposition of any soil, rock or liquid removed from the site(s)or relocated ordisposed of at any other Site(s).
<br /> 3. Compliance with Generator Standards
<br /> (a) Client acknowledges that as between Client and Contractor, Contractor is not the responsible party or generator of any
<br /> hazardous, nonhazardous or special waste at, or encountered during the course of the project(s) nor is Contractor the owner or
<br /> operator of any regulated equipment, processes or devices which may be present at site(s),
<br /> (b) Client using the respective EPA Identification Numbers assigned to the Site(s) shall execute any and all documents
<br /> necessary for the transportation, disposal or treatment of special wastes, nonhazardous and hazardous wastes located and generated
<br /> during the course of the project. Client shall comply with all other government standards applicable to generators of hazardous
<br /> waste, including without limitations the standard set forth in State of California Health and Safety Code(s) Business and Professional
<br /> Code(s) Title 40 of the Code of Federal Regulations, Part 262 and Title 22 of the California Code of Regulation. Client shall pay all
<br /> Hazardous Waste Control Account Taxes, Superfund Taxes, Generator Fees and other taxes and fees assessed by any local, state or
<br /> federal agency with respect to the management and disposition of hazardous/nonhazardous and solid or liquid wastes located or
<br /> generated during the course of the project(s).
<br /> (c) Notwithstanding Client obligation to comply with all generator standards as described in subparagraph 3(b), for all
<br /> materials handled by Contractor during the course of the project, Contractor shall assist Client to characterize the materials to be
<br /> transported from the Site(s), comply with applicable requirements for temporary accumulation of any special wastes, nonhazardous j
<br /> and hazardous wastes, perform all pre-transport requirements (including packaging, labeling and place-carding of the material) and
<br /> prepare each required transportation manifest for signature by Client.
<br /> (d) Prior to commencing performance of ail or any portion of the Project, Contractor shall obtain ail permits, licenses and
<br /> other approvals or documents necessary for performance of the project or such portion thereof, in compliance with regulations or law,
<br /> and Client shall execute any and all instruments reasonable and necessary for Contractor to obtain such approvals.
<br /> 4. Term The term of the Agreement shall commence on the date hereof and shall continue until terminated by Client or Contractor in
<br /> accordance with paragraph 6 hereof.
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