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LIVE OAK GEO ENVIRONMENTAL, INC.
<br /> STANDARD AGREEMENT FOR SERVICES
<br /> This is an agreement made between e` e4Uu+S �+�.:mm,� Lakes
<br /> Oak GeoEnvironmental, Inc. (Consultant). Live Oak GeoEnvironmental agrees to provide services(asloutlined in ent), and Live
<br /> t
<br /> Proposal 20-47, dated Augus28, 2020.
<br /> Wor uth rized (Cli fit): Work Aced' �ynsultant):
<br /> Address: S�>� Live Oak GeoEnvironmental, Inc.
<br /> C C � 3 407 W. Oak St., Lodi, CA 95240
<br /> Date: 3 l O Date: f- 1 - 2 0
<br /> Contact Phone: • l� 55 Phone: (209) 369-0375
<br /> Section 1:Scope of Services
<br /> 1.1 Consultant will notify Client if Consultant identifies conditions or circumstances that were not contemplated at the start of this agreement.If
<br /> necessary,Consultant will provide Client with a notice in writing confirming a change in the proposal. All such notices will become an amendment
<br /> to this agreement unless Client objects in writing within 5 business days after receipt.All services performed by Consultant on the project are
<br /> subject to the terms and limitations of this agreement.
<br /> 1.2 Client expressly waives any claim against Consultant resulting from Consultant's failure to perform additional services that Client has not
<br /> authorized Consultant to perform,and any claim that Consultant failed to perform services that Client instructs Consultant not to perform.
<br /> 1.3 Consultant's proposal specifically excludes any services related to mold or other biological agents.
<br /> Section 2:Right of Entry
<br /> 2.1 Client attests that Client is the Owner of the property on which the work is to be performed;or Client has the Owner's written permission for
<br /> Consultant to enter the property and perform the work. If not the Owner,Client attests that Client has shared Consultant's proposal and contract
<br /> with Owner,and Owner agrees in writing to all sections of the proposal and contract.
<br /> 2.2 The Client will provide for right of entry of the Consultant and all equipment necessary in order to complete the work.
<br /> 2.3 While the Consultant will take reasonable precautions to minimize damage to the property,it is understood by the Client that in the normal
<br /> course of work some damage may occur,the correction of which is not part of this agreement.
<br /> Section 3:Limitation of Liability
<br /> 3.1 Client agrees to limit the Consultant's liability to Client and all contractors and subcontractors on the project arising from the Consultant'
<br /> professional acts,errors,or omissions,such that the total aggregate liability of the Consultant to all those named shall not exceed the Consuls
<br /> tant's
<br /> total fee for the services rendered on this project. Client further agrees to require of the contractor and contractor's subcontractors an identical
<br /> limitation of the Consultant's liability for damages suffered by the contractor or subcontractors arising from the Consultant's professional acts,
<br /> errors,or omissions.
<br /> 3.2 Client will indemnify and hold harmless Consultant from and against any and all losses to the extent caused by the negligence of Client,its
<br /> employees,agents and contractors. In addition, Client expressly agrees to defend,indemnify and hold harmless Consultant from and against any
<br /> and all losses arising from or related to the existence,disposal,release,discharge,treatment or transportation of Hazardous Materials,or the
<br /> exposure of any person to Hazardous Materials,or the degradation of the environment due to the presence,discharge,disposal,release of or
<br /> exposure to Hazardous Material. Client expressly agrees to defend, indemnify and hold harmless Consultant from and against any and all losses or
<br /> injury arising from or related to boreholes on the property,during or after completion of the work.
<br /> 3.3 Client expressly agrees to defend,indemnify and hold harmless Consultant from and against any and all losses arising from or related to
<br /> requirements imposed on the Client, project site,property owner,or County project application by local,County,State,or Federal agencies as a
<br /> result of Consultant's Work. Client expressly agrees to defend,indemnify and hold harmless Consultant from and against any and all losses arising
<br /> from or related to true or perceived changes in property value or salability as a result of Consultant's Work.On request,Consultant will provide
<br /> Client with a copy of any report for review prior to submitting the report to such agencies for review.
<br /> 3.4 If the scope of work includes a Surface&Subsurface Contamination Report,percolation test,Soil Suitability Study and/or Nitrate Loading
<br /> Study,Client understands that Consultant is preparing these reports to submit to the San Joaquin County Environmental Health Department(SJC
<br /> EHD)for review. Client understands that the SJC EHD may impose conditions on Client's permit,land use application,and/or parcel map as a result
<br /> of the findings of Consultant's reports,and that these conditions could include,but are not limited to, investigation into or removal of debris,stained
<br /> soil,hazardous materials,and storage tanks,and/or the requirement for engineered septic systems,monitoring,other septic mitigations,and/or the
<br /> requirement for well drilling/destruction/modification. Client expressly agrees to defend,indemnify and hold harmless Consultant from and against
<br /> any and all losses arising from or related to the requirements of the SJC EHD or any subsequent investigation arising from or related to the
<br /> requirements of the SJC EHD. Client gives Consultant permission to submit the work product to SJC EHD for review,with the understanding that
<br /> conditions may be placed on the project and/or property. Client understands that any documents submitted to the SJC EHD,as well as any
<br /> correspondence with the SJC EHD, remain on file at the SJC EHD and are public record.
<br /> 3.5 Consultant is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Consultant's control,including
<br /> adverse weather conditions,extreme hardpan or rocky soil,delays in transportation,or inability to obtain material/equipment in the open market.
<br /> Section 4:Client's Responsibilities
<br /> 4.1 Client will assist and cooperate with Consultant in any manner necessary to facilitate Consultant's performance under this agreement.
<br /> 4.2 Client will supply Consultant with any information,documents,or knowledge in Client's possession that are relevant to Consultant's services.
<br /> Client warrants the accuracy of any information supplied by it to Consultant,and acknowledges that Consultant is entitled to rely upon such
<br /> information without verifying its accuracy.Prior to the commencement of any Services in connection with a specific property,Client will notify
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