2023-08-09 CC Packet - Laserfiche WebLink

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Centerville, MN.50MG Tower No. 1 ROV Evaluation KLM ENGINEERING, INC. (KLM) TERMS AND CONDITIONS 1.AGREEMENT. The agreement between the parties when entered by the parties shall include the applicable referenced agreement documents (i.e., KLM proposal/Agreement) and shallinclude these agreement inwriting. 2.ADDITIONAL SERVICES. Additional work or services shall not be performed without a KLM executed change order or purchase order outlining the scope of additional work orservices. 3.KLM CLIENT RESPONSIBILITIES. The KLM Client shall fully disclose to KLM its knowledge of the condition of the project structure(s), its past and present contents and shall provide KLM with full information regarding the requirements for the project; shall designate an individual to act on the KLM ite. When reasonably requested by KLM, the KLM Client shall furnish the services of other consultants including, but not limited to engineers and insurance representatives. The KLM Client shall test for pollution and hazardous materials when required by law or as requested by KLM. The KLM Client shall provide KLM with all necessary permits and otherauthorizations. 4.SAFETY. KLM shall be responsible for the safety of KLM personnel at the project site. The KLM Client or other persons shall be responsible forthe safety of all other persons at the project site. The KLM Client shall inform KLM of any known or suspected hazardous materials or unsafe conditions at the project site. If, during the course of the KLM services, such materials, or conditions are discovered at the project site, KLM reserves the right to take measures to protect KLM personnel and equipment or to immediately terminate KLM services. The KLM Client agrees to be responsible for, and agrees to pay, any such additional protection costs. Upon such discovery by KLM, KLM agrees to use commercially reasonable efforts to notify the KLM Client in writing, of hazardous materials or unsafe conditions regarding the projectsite. 5.HAZARDOUS MATERIALS. Unless otherwise agreed to in the scope of work withthe KLM Client, KLM has no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials at the project site. To the full extent permitted by the law, the KLM Client shall defend, indemnify, andhold harmless KLM, its employees and representatives from all claims, including costs and attorney fees, arising out of the presence of hazardous materials or exposure to the same on the jobsite. 6.SITE ACCESS AND RESTORATION. The KLM Client will provide KLM and its representatives with safe and legal project site access. It is understood by the KLM Client that in the normal course of KLM providing its services and work, some nominal damage to the project site may occur. KLM agrees to take reasonable commercial precautions to minimize such damage, if any. Restoration of the project site, if any, is the responsibility of the KLM Client, unless otherwise agreed to in writing in the scope of work. 7.KLM LIMITED WARRANTY AND DISCLAIMER. KLM will perform services consistent with the standard of care and skill normally performed by other like firms in the industry and profession at the time of this service and in the geographic area oftheproject.EXCEPT ASEXPRESSLY STATED IN THIS SECTION, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, PERTAINING TO THE PRODUCTS AND SERVICES SOLD UNDER THIS AGREEMENT. KLM DISCLAIMS ANY IMPLIED Copyright 2023by KLM Engineering, Inc.Page 5of 8