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BRAUN
<br /> General Conditions INTERTEC
<br /> Construction Material Testing and Special Inspections
<br /> Section 1:Agreement further that site conditions may vary over distance costs and agree to pay for those services at the
<br /> 1.1 Our agreement with you consists of these or change overtime. rates listed in our cost estimate.
<br /> General Conditions and the accompanying written
<br /> proposal or authorization("Agreement').This 2.4 Our duties do not include supervising or 3.6 You agree to include us as an indemnified
<br /> Agreement is the entire agreement between you directing your representatives or contractors or party in your contracts,if any,for work by others
<br /> and us.It supersedes prior agreements.It may be commenting on,overseeing,or providing the on the project,protecting us to the same degree
<br /> modified only in a writing signed by us,making means and methods of their services unless as you are protected.You agree to list us as an
<br /> specific reference to the provision modified. expressly set forth in this Agreement.We will not Additional Insured under your liability insurance
<br /> be responsible for the failure of your contractors, policies and to require subrogation be waived
<br /> 1.2 The words"you,""we,""us,"and"our" and the providing of Services will not relieve against us and that we will be added as an
<br /> include officers,employees,and subcontractors. others of their responsibilities to you or to others. Additional Insured on all policies of insurance,
<br /> including any policies required of your contractors
<br /> 1.3 In the event you use a purchase order or 2.5 We will provide a health and safety program or subcontractors,covering any construction or
<br /> other documentation to authorize our scope of for our employees,but we will not be responsible development activities to be performed on the
<br /> work("Services"),any conflicting or additional for contractor,owner,project,or site health or project site.
<br /> terms are not part of this Agreement.Directing us safety.
<br /> to start work prior to execution of this Agreement Section 4:Reports and Records
<br /> constitutes your acceptance.If,however,mutually 2.6 You will provide,at no cost to us, 4.1 Unless you request otherwise,we will
<br /> acceptable terms cannot be established,we have appropriate site safety measures as to work areas provide our report(s)in an electronic format.
<br /> the right to terminate this Agreement without to be observed or inspected by us.Our employees
<br /> liability to you or others,and you will compensate are authorized by you to refuse to work under 4.2 Our reports,notes,calculations,and other
<br /> us for fees earned and expenses incurred up to the conditions that may be unsafe. documents and our computer software and data
<br /> time of termination. are instruments of our service to you,and they
<br /> 2.7 Unless a fixed fee is indicated,our price is an remain our property.We hereby grant you a
<br /> Section 2:Our Responsibilities estimate of our project costs and expenses based license to use the reports and related information
<br /> 2.1 We will provide Services specifically on information available to us and our experience we provide only for the related project and for the
<br /> described in this Agreement.You agree that we and knowledge.Such estimates are an exercise of purposes disclosed to us.You may not transfer our
<br /> are not responsible for services that are not our professional judgment and are not guaranteed reports to others or use them for a purpose for
<br /> expressly included in this Agreement.Unless or warranted.Actual costs may vary.You should which they were not prepared without our written
<br /> otherwise agreed in writing,our findings,opinions, allow a contingency in addition to estimated costs. approval.You agree to indemnify,defend,and
<br /> and recommendations will be provided to you in hold us harmless from claims,damages,losses,
<br /> writing.You agree not to rely on oral findings, Section 3:Your Responsibilities and expenses,including attorney fees,arising out
<br /> opinions,or recommendations without our 3.1 You will provide us with prior environmental, of such a transfer or use.
<br /> written approval. geotechnical and other reports,specifications,
<br /> plans,and information to which you have access 4.3 If you do not pay for Services in full as
<br /> 2.2 In performing our professional services,we about the site.You agree to provide us with all agreed,we may retain work not yet delivered to
<br /> will use that degree of care and skill ordinarily plans,changes in plans,and new information as to you and you agree to return to us all of our work
<br /> exercised under similar circumstances by site conditions until we have completed Services. that is in your possession or under your control.
<br /> reputable members of our profession practicing in
<br /> the same locality.If you direct us to deviate from 3.2 You will provide access to the site.In the 4.4 Electronic data,reports,photographs,
<br /> our recommended procedures,you agree to hold performance of Services some site damage is samples,and other materials provided by you or
<br /> us harmless from claims,damages,and expenses normal even when due care is exercised.We will others may be discarded or returned to you,at our
<br /> arising out of your direction.If during the one year use reasonable care to minimize damage to the discretion,unless within 15 days of the report date
<br /> period following completion of Services it is site.We have not included the cost of restoration you give us written direction to store or transfer
<br /> determined that the above standards have not of damage in the estimated charges. the materials at your expense.
<br /> been met and you have promptly notified us in
<br /> writing of such failure,we will perform,at our Section 5:Compensation
<br /> cost,such corrective services as may be necessary, 3.3 If we notify you that radiographic or gamma P
<br /> ray equipment or other nuclear testing or 5.1 You will pay for Services as stated in this
<br /> within the original scope in this Agreement,to Agreement.If such payment references our
<br /> remedy such deficiency.Remedies set forth in this measuring device will be used,you will be g P Y
<br /> responsible for the cooperation of your employees Schedule of Charges,the invoicing will be based
<br /> section constitute your sole and exclusive recourse on the most current schedule.An estimated
<br /> with respect to the performance or quality of and your contractors in observing all radiation upon
<br /> Services. safety standards. amount is not a firm figure.You agree to pay all
<br /> sales taxes and other taxes based on your
<br /> 3.4 You will notify us of any knowledge or payment of our compensation.Our performance is
<br /> 2.3 We will reference our field observations and subject to credit approval and payment of any
<br /> sampling to available reference points,but we will suspicion of the presence of hazardous or
<br /> p g not survey,set,or check the accuracy of those dangerous materials present on any work site.If specified retainer.
<br /> points unless we accept that duty in writing. we observe or suspect the presence of
<br /> Locations of field observations or sampling contaminants not anticipated in this Agreement, 5.2 You will notify us of billing disputes within 15
<br /> described in our report or shown on our sketches we may terminate Services without liability to you days.You will pay undisputed portions of invoices
<br /> are based on information provided by others or or to others,and you will compensate us for fees upon receipt.You agree to pay interest on unpaid
<br /> estimates made by our personnel.You agree that earned and expenses incurred up to the time of balances beginning 30 days after invoice dates at
<br /> such dimensions,depths,or elevations are termination. the rate of 1.5%per month,or at the maximum
<br /> approximations unless specifically stated rate allowed by law.
<br /> otherwise in the report.You accept the inherent 3.5 The time our field personnel spend on the
<br /> risk that samples or observations may not be job site depends upon the scheduling of the work 5.3 If you direct us to invoice a third party,we
<br /> representative of things not sampled or seen and we are observing or testing.You agree that any may do so,but you agree to be responsible for our
<br /> changes in scheduling may result in additional compensation unless the third party is
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