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LIVE OAK GEO ENVIRONMENTAL,INC.
<br /> STANDARD AGREEMENT FOR SERVICES
<br /> �FlyZ� .C.a.,rz. d7�-y• LLQ
<br /> This is an agreement made between CI't f t=e6M7 Cluff Ave.,Ste.B-1,Lodi,CA 95240(Client),and Live Oak
<br /> GeoEnvironmental,Inc.(Consultant). Live ak GeoEnvironmental agrees to provide services as outlined in Proposal
<br /> 1837,dated August 20,2018.
<br /> Wo ized By: LeTl� Ga,vL Wy) A
<br /> lAddlre . S Company:Live Oak GeoEnvironmental,Inc.
<br /> A&2 G9 91 Ly0 407 W.Oak St.,Lodi,CA 95240
<br /> Date: _ Date: k-7A-I k
<br /> Contact Phone: �Q-3 73- 440 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. ,O
<br /> Section 2:Right of Entry at the
<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 'O
<br /> Consultant to enter the property and perform the work. If not the Owner,Client attests that Ment has shared Consultant's proposal and contract l be
<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 :filth
<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's npact
<br /> professional acts,errors,or omissions,such that the total aggregate liability of the Consultant to all those named shall not exceed the Consultant's the
<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, lal
<br /> errors,or omissions. n will
<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 91I for
<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 firm
<br /> exposure of any person to Hazardous Materials,or the degradation of the environment due to the presence,discharge,disposal,release of or ;tems.
<br /> exposure to Hazardous Material.
<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 )S of
<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 !ment,
<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,Soil.Suitability Study and/or Nitrate Loading Study,Client ilyzed
<br /> understands that Consultant is preparing these reports to submit to the San Joaquin County Environmental Health Department(SJC EHD)for
<br /> review. Client understands that the SJC EHD may impose conditions on Client's land use application and/or parcel map as a result of the findings
<br /> of Consultant's reports,and that these conditions could include,but are not limited to,investigation into or removal of debris,stained soil,
<br /> hazardous materials,and storage tanks,or the requirement for engineered septic systems or other septic mitigations. Client expressly agrees to k;the
<br /> defend,indemnify and hold harmless Consultant from and against any and all losses arising from or related to the requirements of the SJC EHD or
<br /> any subsequent investigation arising from or related to the requirements of the SJC EHD. Client gives Consultant permission to submit the work
<br /> product to SJC EHD for review,with the understanding that conditions may be placed on the project and/or property. Client understands that any
<br /> documents submitted to the SJC EHD,as wall as any 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 ;VIEW
<br /> adverse weather conditions;delays In transportation,or inability to obtain material and equipment In the open market. the
<br /> Section 4:Cllent's Responsibilities eport
<br /> 4.1 Client will assist and cooperate with Consultant in any manner necessaryto facilitate Consultant's performance under this agreement. u
<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
<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.
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