|
Contract 20-28:Fairlane Rd.SSNLS
<br /> August 28,2020 Page 2
<br /> Consultant of any known potential or possible health or safety hazard existing on or near the Project Site,with particular reference to Hazardous
<br /> Materials or conditions.
<br /> 4.3 Client is responsible for executing all manifests or other documents evidencing ownership,possession or control over Hazardous Materials.
<br /> Client shall provide 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 subterranean structures or
<br /> utilities. The owner agrees to hold the Consultant harmless for any damage to subterranean structures or utilities which are not called to the
<br /> Consultant's attention and correctly shown on the plans furnished.
<br /> Section 6:Samples
<br /> 6.1 Soil samples will be examined in the field and will remain on-site in most cases. Samples collected for laboratory analysis will 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 bill upon completion of services.
<br /> 7.2 All check payments must be made out to Live Oak Geo Environmental,Inc. The address is 407 W.Oak Street,Lodi,CA 95240.
<br /> 7.3 Payment is due upon presentation of the work product and invoice.Any prepayment and periodic invoicing will be applied to 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 Consultant,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 upon 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 one year following submission of the report.
<br /> Section 9:Disputes
<br /> 9.1 All disputes between Consultant and Client are subject to mediation. Either party may demand mediation by serving a written 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 mediation 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 parties agree otherwise,
<br /> any mediation or other legal proceeding will occur in San Joaquin County.
<br /> 9.4 Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion 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 and 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,explorations,or sampling were
<br /> performed by the Consultant and that the data,interpolations,and recommendations of the Consultant are based solely on the information available
<br /> to Consultant. Often many different levels of investigation are available,where more exhaustive investigations yield more information and reduce the
<br /> possibility of error but necessarily involve greater cost. Client has considered the current scope of work and determined that Client 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 investigations of chemicals in the environment involve
<br /> inherent uncertainties,such as limitations on laboratory analytical methods and variations in subsurface conditions.Such uncertainties 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. Existing state-of-the-
<br /> art technologies are often new and untried,and future technologies may supersede current techniques. In addition,standards for investigation,
<br /> including statutes and regulations,change with time.Client understands that Consultant's recommendations must be based upon 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(7)days written notice in the event of substantial failure by the other party to
<br /> perform in accordance with the terms thereof. Such termination shall not be effective if that substantial failure has been remedied before expiration
<br /> of the period specified in the written notice. In the event of termination,the Consultant shall be paid for services performed to the date the
<br /> termination notice was received,as well as any outstanding laboratory or other services which cannot be canceled,plus reasonable expenses
<br /> associated with terminating the project.
<br /> Section 12:Assigns
<br /> 12.1 Neither the Client nor the Consultant may delegate,assign,sublet,or transfer his duties or interest in this agreement without 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 terminated by either
<br /> party as set forth by conditions of Section 11. END OF CONTRACT
<br />
|