2003-12-10 CC Packet - Laserfiche WebLink

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I' .. ~. ~ ~ . General. Conditions BRAUN lNTERTEC _' \',:,:~ ~l" ~~;;.'~'.;, ~,: .', ~;, ~ ....(,: .lV .:' ^::~ ~ '''~'<~ _< ,,>::'.~:'_~".~1;~,,-::,~ ,v~,-:.." " ~ :', Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization. Section 1: Our Responsibllities 1.1 We will provide the professional servicesspecifica1ly described in our written agreement with you. You agree that we are not responsible for professional services that are not fairly included in our specific undertaking. Unless otherwise agreed in writing. all of our record findings. opinions. and recommendatil;)ns will be provided to you in writing. You agree not to rely on oral findings. opinions. or recommendations without our written approval. 1.2 In performing our services. we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate frOm our recommended procedures~ you agree to hold us harmless from all claims. damages. and expenses arising out of your direction. 1.3 We will reference our field observations and sampling to available reference points, but we will not survey. set, or check the accuracy of those points unless we accept that duty in writing. It is understood that locations of field observations or sampling descn"bed in our report or shown on our sketches are based on information . provided by others or estimates made by our 'pI!rsonnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seeD and. further. that site conditions may change over time. 1.4 Our duties do not include supervising your contractom or commenting on, overseeing, or providing the means and methods of their work, imIess we accept such duties in writing. We will not be responsible for the failure of your contractoIS to perform in accordance with their undertakings. and the providing of our services will not relieve others of their responsibilities to you or to othem. 1.5 We will provide a health and safety program for our employees. but we will not be responsible for contractor. job. or site health or safety unless we accept that duty in writing. 1.6 Our estimates of construction or remediation costs will be based on informa- tion available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 2: Your Responsibllities 2.1 You will provide access to the site. In the course of our work some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of normal t1amage in the estimated charges. We will correct normal damage at your direction and expense. 2.2 You agree to provide us, in a timely manner. with information that you have regarding buried objects at the site. Until we have completed our work, you agree to provide us with all of your plans. changes.in . plans, and new information as to site conditions. We will not be responsible for locating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from all claims. dam!lges. losses, and related expenses involving buried objects of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others on your behalf furnished to us. 2.3 You will be responsible for the cooperation of your employees and your contnictom in observing all radiation safety standaros after we notify you that ISdiographic or gamma my equipment or anothe.r nuclear testing or measuring device will be used. 2.4 .. You will notify us of any knowledge or suspicion of the 'presence of hazardous or dangerous materials in a sample provided to us. You agree to provide us with information in your pOssession or control relating to contamination at the work site. Ifwe observe or suspect the presence of con~ not anticipated in our agreement, we may terminate our work without liability to you or to others, and we will be paid for the services we have provided. 2.5 Neither this agreement nor the providing of services will operate to make us an owner. operator. generator. transporter, treater. storer. or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended. or within the meaning of any other law governing the handling. treatment, storage. or disposal of hazardous 1:nateria1s. You agree to hold us harmless and indemnify us from any such claim or loss. 2.6 Drilling, well installation, and remediation services may involve risk of cross-contamination of previously uncontaminated air. soil, and water. If you are requesting that we provide services that include this risk, you agree to hold us harmless and indemnify us from cross- contamination claims and damages. unless the loss is caused by our negligence. 2.7 You agree to make disclosures required /)y law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from all clajms related to disclosures made by us that are required by law and from all claims reIllted to the informing or failure to inform the si~ owner of the discovery of contaminAnts. . Section 3: Reports and Records 3.1 We will furnish reports to you in duplicate. We will retain analytical data for seven yeam and financial data for three yeam. 3.2 All samples remaining after tests are conducted and field and laboIStory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They will be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 3.3 Our reports. notes, calculations. and other documents and our computer software and data are instruments of our service to you, and they remain our property but are subject to a license to you for your use in the related project for the pmposes disclosed to us. You may not transfer our reports to oth~ or use them for a pUIpOse for which they were. not prepared without our written approval. which will not be unreasonably withheld. At your request. we will provide endomements of our reports or letters ofreIiance. but oniy if the recipients agree to be bound by the terms of our agreement with you and only ifwe are paid the administrative fee stated in our then . cmrent Schedule of Charges. . . Providing engineering and enWonmental solutions since 1957