COMPLIANCE INFO - Laserfiche WebLink

Home Browse Search

ATC Client Services Agreement 2015 Client agrees to advise ATC prior to commencement affair Services, Client represents that it has or will obtain prior to the and during the work, of any hatandous conditions on or near the commamcement ofthe Services,the authority and permission ofthe Site known to Client. Client understands that ATC is relying upon owner and/or the occupant of the Site Client acknowledges that the completeness and accuracy of information supplied to it by due to the nature of some Services unavoidable damage may occur. Client and ATC will not independently verify such infommtion Client waives its right of recovery for such unavoidable damage, unless otherwise provided in the Service Order. Client shall be and if Client is not the owner ofthe Site,Client agrees to indemnify solely responsible for and shall indemnify and hold harmless ATC and defend ATC against any claims by the owner and/or occupant for any costs, expenses or damages incurred by ATC due to for any such damage. Client's failure to follow applicable reporting and govanmamtal requirements. Client will not hold ATC liable if ATC's Unless otherwise specified in the Service Order, ATC is not liable recommendations are not followed and expressly waives any claim for damages caused by exploratory demolition or investigation to against ATC, and agrees to defend, indemnify and hold ATC identify, quantify, or evaluate building materials, systems, and/or harmless from any claim or liability for injury or loss that results components not readily accessible to ATC during ATC's from failure to property implement ATC's recommendations. performance ofthe Services.ATC is not responsible for unfrreseen conditions that exist on the Site within building systems that 7.STANDARD OF CARE ATC's Services as defined by the prohibit or dela ATC from gaining access to building materials, Service Order shell be performed in accordance with generally systems,and/or components. accepted industry principles and practices, consistent with a level of care and skill ordinarily practiced by the consulting profession 12. SITE CONTROL ATC's testing, observation, or inspection currently providing simoular services under similar circumstances at ofthe work ofother partieson a project shall not relieve suchpaties the time the Services were provided Client agrees to give ATC of their responsibility to perform their work in accordance with written notice within one (I) year of any breach or default under applicable plans, specifications and sakty requirements. this section and to provide ATC a reasonable opportunity to cure Continuous monitoring by ATC's employ= does not mean that such breach or default, without the payment of additional fees to ATC is observing or verifying all Site work or placernert of all ATC, as a condition precedent to any claim for damages materials. Client agrees that ATC will only make on-Site observations appropriate to the Services provided by ATC and will 8. LIMITATIONS OF METHOD RELIABILITY The Client not relieve others of their responsibilities to perform the work recognizes and agrees that all testing and remediation methods have inherent reliability limitations; no method or number of sampling 13. TEST AND SAMPLING LOCATIONS Unless otherwise locations can guarantee that a condition will be discovered within specified in the Service Order, the accuracy of test or sampling the performance ofa ServiceOrderas authorized by the Client. The locations and elevations will be commensurate only with pacing Client further acknowledges and agrees that reliability of testing or and approximate measurements or estimates Client should retain remediation methods varies according to the sampling frequency the services of a professional surveyor if greater accuracy is and other variables and that these factors,including cast,have been required. Client will furnish a diagram indicating the accurate considered in the Client's selection of Services. ATC's observations location ofthe Site Sample locations may also be indicated on the only represent conditions observed at the time of the Site visit, diagram.ATC reserves the right to deviate a reasonable distance ATC is not responsible for changes that may occur to the Site after from the boring and sampling locations unless this right is ATC completes the Services specifically revoked by Client in writing at the time the diagram is supplied. 8. INTERPRETATION OF DATA ATC shall not be responsible for the interpretation of ATC data by third panes, or the 14.SAMPLES AND EQUIPMENT Unless otherwise specified in information developed by third parties from such data. Client the Service Order or required by law,ATC will cot retain army recognizes that subsurface condition may vary from those samples obtained from the Site At no time does ATC assume title encoumered at the locations where the borings, surveys, or to the samples;all samples shall remain the property of the Client. explorations me made by ATC and that the data interpretations and ATC will,however,sign manifests as agent tor Client. recommendations of ATC's personnel are based solely on the information available to them All laboratory and field equipment contaminated during ATC's Services that cannot readily and adequately cleansed of its 10. THIRD PARTY INFORMATION ATC is dependant an hazardous contaminants shall become the property and information available from various governmental agencies and responsibility of Client. Client shall purchase all such equipment as private database firms to aid in evaluating the history of the Site an expanse of the Services,and it shall be vaned over to the Client ATC shall not be liable fir any such agency's or database firms for proper disposal unless otherwise specified in the Service Order. failure to make relevant files or documents properly available,to properly index files, or otherwise to fail to maintain or produce 15. ENGINEERING AND CONSTRUCTION SERVICES If the accurate or complete records. Services requested only require gentecnical engineering, subsurface exploration, construction materials testing, and or TT.SITE ACCESS Client grants or shall obtain tor ATC a right engineering, ATC assumes that there are no hazardous substances of entry to all parts ofthe Site necessary to complete the requested or constituents in the soils or groundwater underlying the Site Services and unless otherwise specified in the Service Order, it ATC's duties and responsibilities are limited to perkrming tests represents that it has obtained the applicable permits and licenses and monitoring of specific construction activities as outlined in the for the proposed Services. If Client does not own the Site, Service Order. Page 2 of 4