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Genera! Conditions
<br />Our agreerncnt ("AgrcemenP'} with you consists
<br />of these C�encral Conditions and Chc
<br />accotnpanying written proposal or autharization.
<br />Section Y: 4ur Respabsibili�ies
<br />1.1 We will provide the services
<br />speci�ically descnbed in our Agreemen[ wilh
<br />you. You agree thar we are not responsi6le for
<br />services that are not fairly included in our
<br />specific underEaking. Ur�less othenvise agreed in
<br />wriCing, our findings, opinivns, and
<br />recommendaiions will 6e provided to you in
<br />u�ritirtg. You agree not to rely on oral findings,
<br />o�inipns, or rccommen�alions withouf our
<br />wriiten appro�•al.
<br />1.2 ln performing our professional
<br />services, we wi[1 use that degrec oTcare and skill
<br />ardinarily exercised under similar circumstances
<br />by reputable members of our profession
<br />practicing in rhe same lacality. If you dirert us to
<br />deviate from our recommeoded procedures, you
<br />agree to hold us harmless from claims, damages,
<br />and expenses arising out of your direclion.
<br />1.3 We will reference our field
<br />nhservatinns and sampling to availablc reFerence
<br />points, but we will not survey, set, or sheck the
<br />accuracy of those poin[s unless we accept tha.t
<br />duty in writing. Locations o£ficld obscrvations or
<br />sampling described in our repoR or shown on our
<br />sketchcs are based on information provided by
<br />others or estimates rnade by our persennel. You
<br />agree chat such dimensions, depths, or elevations
<br />are approximations unless specitica3ly staled
<br />othenvisc in the report. Yo� accept �he inherenl
<br />nsk that samplcs or obscrvations may not bc
<br />represeniative of things not sampled or seen ar�d,
<br />further, that site conditions may change over
<br />lime.
<br />1.4 Ous dulies do nat include supervising
<br />your contraciors or commenting on, overseeing,
<br />or providing the means and meChods of their
<br />work, u�less we accept such dnties in writing We
<br />wil! not be responsible for the failurc oFyour
<br />cantractors to perform in accordance with their
<br />undertakings, and the providing of our services
<br />wilE nat rc{ieve nthers oTthcir respnnsibiEities lo
<br />you or ta olhers.
<br />1.5 We will provide a health and safcty
<br />program for our employees, but we will not be
<br />responsible for contracror, job, vr site health or
<br />sa#'ety unless we accept that duty in writ�ng.
<br />l.6 You will provide, at no cost to us,
<br />appropriate site safety measures as to work areas
<br />�o be obscrved or inspccted by us.. Our
<br />employees arc authorized by you to refisse to
<br />work vnder conditions that may be unsafe.
<br />1.7 Estimates of our fees or other projecs
<br />cosis will bc based on iaformation availabie fo us
<br />and on our experience and knowledge. 5uch
<br />estamates are an exercise of our professional
<br />judgmc�t and are no� guara�teed or warranted.
<br />Actual costs may vary. You should a11ow a
<br />contingency ia addition to estirnated cosls.
<br />SecHon 2: Your RespoQSibiliHes
<br />i,1 You will provide us with prior
<br />geotechnical and other reports, specif€eat�ons,
<br />plans, and informalion to which you ha��e access
<br />about the site. Yau agrec to provide us with akl
<br />plans, changes i� plans, and new information as
<br />to sile Conditions untiE we have completed Dur
<br />work.
<br />2.2 You wil9 provide access to the site. In
<br />the course oFour wOrk some site damage is
<br />normal even when duc care is exercised. We wiil
<br />use rcasonable care to minimize damagc to the
<br />site. We have no� included the cost of restoration
<br />of normal damage in 1he estima[ed eharges.
<br />Z.3 You agree to provide us, in a timely
<br />manner, with informatson €hat you have regarding
<br />6uried objecks at the site. Wc will nai be
<br />responsible for locating buried objects at the sitc
<br />unless we accept that duty in writin�. You agree
<br />to hold us harmless from claims, damages, losses,
<br />and related expcnses in�alving buried objects of
<br />which you had knowledge but did not timely call
<br />to our attention or correctly show on the plans
<br />you or others on your 6ehalf fumished Eo us.
<br />2.4 You will notify us of any knawledge ar
<br />suspicion of the presence of hazardous or
<br />dangerous materials in a sample providcd m us.
<br />You agree to providc us with informatian in youe
<br />possession pr contrvl [elating to coniaminalion at
<br />the work site. If we observe or suspect [he
<br />presence of �untaminants not anticipated in our
<br />Agreemcot, we may terminate our work without
<br />Iiability io you or to others, and we will be paid
<br />for the services we have provided.
<br />2.5 Neither this Agreement r�or the
<br />providing af services will operate to inake us an
<br />owner, operator, generator, transportes, trealer,
<br />storer, or a dis�osal (acility within the meaning
<br />of the Resowce Conservation Recovery Acs, as
<br />amended, or within Ihe meaning of any oci�er law
<br />governing the handGng, €reatmeni, stora�e, or
<br />disposal af hazardous malerials. You agree to
<br />hold us harmlcss and indemnify us from any
<br />such ciaim or loss.
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<br />INTERT�C
<br />2.6 ?vlonitoring wells are your property,
<br />and you are respansible for their permining,
<br />maintenance, and ahandonme�t unless we accept
<br />ihat d'ufy in writing_
<br />2.7 You agree to make discloswes
<br />required by lau�. [n the event you da not own thc
<br />site, you acknawledge thai iC is your dury to
<br />inform the owner of the discovery� or rclease of
<br />contaminants ar ihe siie. You agree tv hold us
<br />harmless and indcmnify us from claims relatcd
<br />tu disclosures made by us that are requieed by
<br />law and from claims reiated to ihe informing or
<br />iailure to inform the sitc owner of thc discovery
<br />olcontaminants.
<br />5eciiou 3: Reports and Records
<br />3.1 We will furnish reports to ypu in
<br />duplicate. We a�ill retain analytical dala fnr
<br />scvcn ycars and financiai data for thrcc years.
<br />3.2 Our repons, notes, calculations, and
<br />other docUments and aur compuler soFnvare and
<br />data aec instruments af our service to you, and
<br />they remain our peaper[y but are su6ject to a
<br />license to yau for your use in the related project
<br />for the purposes disclosed to us. You may not
<br />transfer our reports to others or use [hem for a
<br />purpose for whieh they were not prepared
<br />without our writtcn approval, which will not bc
<br />unreasonab[y withheld. Ypu agree to istdemnify
<br />and hold us harmless from claiins, damages,
<br />losses, and expenses, including attorney fees,
<br />arising out of such a transfer or use. At your
<br />reques�, we wi![ provide endorse�nents of our
<br />reports or ]etters Df reliance, but only i f the
<br />recipients agree to be bound by the terms of our
<br />agreement with you and only if we are paid the
<br />administrative Cee stated in our then currcnt
<br />Schedule of Charges.
<br />3.3 Because electronic documents may be
<br />modifed imentianaliy or inadvenently, you
<br />agree Ihai we will not be ]iabEe for damages
<br />resulting from change in an electeonic documcnt
<br />occuning afier we transmit rt to you. I� case af
<br />any di f%rence or ambiguity between an
<br />electronic and a paper document, the paper
<br />dacument shalk govcrn.
<br />3.4 [Fyou cfo no� gay for our services in
<br />full as agreed. we may retain work not yet
<br />dekivered to you anci you agree to return ta us all
<br />of our work that is in your possession or under
<br />your control. You agree no€ to usc nr rely upon
<br />our work for any purpose whalsoever until it is
<br />paid for in full.
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<br />Providing engineering and errvironmenlvl soluiions since 1957
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