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MRR-13-95 MON 4.19 sECnoN ~; Rtc~rr ot= ENTtiY ADMINISTRATION FAX N0, 2164610552 P, 08 Gl;NERAL CONDITIONS FOR CONSTRUCTION OBSERVATION, TESTING AND ENGINEERING SERVICES The CLIENT will provide for the right-of-entry of EDP ConsuRants and its personnel and equlptttent in order to complete the work, While EDP Consultants will lake all reasonable precautions to minimize damage to the property, it ttr understood by the CLt$NT that in the nom~al course of work aottse damage may occur, the oorreCtion of which, unless specifically stated otherwise in the proposal, Ia not pert of this agreement SECTION ~ SAMPLES EDP Consutlants will retain repreaenlalive portions of all soil and aggregate samples for 30 days following their delivery fo the laboratory. Further storage or transfer of samplos should ba requested in writing and will be provided at the CLIENTa expense. Concrete cylinders will not be retained after being leafed unless requested In writing. Hold cylinders will bcs discarded seven days folbwing the testing of all remain- ing cylindere in the lest set. The ownership of any samples that are found to be contaminated romalna with the CLIENT. The CLIENT agrees that Contaminated samples will be returned to the site of their origin or (ransferred to the custody of the CLIENT who Ee responsible for their proper disposal. The CLIr=NT further agroes to pay any and all transportation and documenta- tion costs incurred by EDP Consultants in transferring such samples. Tha CLIENT may at his option chose W have EDP Consultants dispose of the samples and agrees to pay alt necessary and reasonable costa Incurred by EDP Consultanla for transportation, analytical testing and disposal. !i at the end of the sample retention period dofined in Section of these General Conditions, the CLIENT has not made provisions for ample disposal, EDP Consultants may dispose of the samples as if the CLIENT had so dlreoted with all reasonable cost charged to the CLIENT, SECTION 9: INVaICEs EDP Consutlants will generally submit invoices to the CLIENT monthly with a Gnat bill being submitted upon the completion of services. Payment is due upon presentation of invoices and is past due thirty (34) days from the invoice data. The CLIENT agrees to pay a finance charge of ono and one-half percent (1-11296) per month, computed from rho date of the invoke, on past due accounts. SECTION 4: OWNEfiSHIP OF DOCUMENTS All reports, field data, Held notos, laboratory teat data, calculations, esllmates, and other documents prepared by EDP Coneultants sa in- svumenla or service, shall remain the property of EDP Consultants. The CLIENT agroee that alt reports and other' Mror1r fumiahed tp the CLIENT or his agents, which are not fully paid for, will be returned upon demand and wilt not be used by the CLIENT for any purpose whatever. EDP Consullante Wiil retain art penlnent records relating to the services performed for a period of five years du-tng which period the records will be made available !o the CLIENT at all reasonable tittles. SECTION 5: DISt'U'TE.4 fn the event chat a dispute should arise relating tc the performance of the servlcea to be provided under this agreement, and should that dispute result In litigation, h b agreed shat the prevailing party shall be entitled to recover alt reasonable costa Incurred In the defense of the Claim, including staff time, court costs, attorneys' fees, and ocher clataP- related expenses. SECTION ~ WARRANTY EDP Consultants' servlcea will be pertomted, its findings obtained, ,its reports prepared In aCCOrdanCe with the proposal, the CLIENT'e sptatlCe thereof, these General Conditions, And with geherally eC- c~tod principles and practlces. The aelyioes performed by EDP Con- aultants under this agreement wilt be completed In a manner conalstent with that level of care and skill ordinarily exercised by members of its profession currently practidng under similar conditions. This warranty fs In lieu of aA other warranties, either expressed or implied. The CLIENT acknowledges that conditions may vary from those enccuntered at the locations where teats, surveys, or explorations are made, and that the dais, Interprelatbna and recommendations of EDP Consultants are based sotoly on the information available to It. EDP Consultants will be responsible for fta data, interpretations, and recom- mendations, but will not be responsible for the interpretation of the information by others. SECTION r. ulblfTATION OF LlABILJIY Should EDP Coneultants or any of its profee81ona1 employees be found to have been negligent In the performance of profossbnal servic- es, io have breached its contract, or to have made and Ixeached any expressed or implied warranty, the CLIENT, end all parties claiming through the CLIENT, agree that the maximum aggregate amount of the liability of EDP Consultants and its proleaslonal omployees shall be ilrrtlt- ed to $50,000 or the total amount of the fee paid to EDP Consultants for professional servlcea with respect to the subject protect and al! of Its various phases, whichever amount la greater. It is further agreed that EDP Consultants will be held liable for claims or damages only to the extent that fta negligent acts, performance, or omission contritwte to the damages. SECTION 8: INSURANCE EDP Coneultants represents and warrants the! it and its agents, staff and consultants employed by It la and are protected by worker's compensation Insurance and has such coverage under public liability and proporty damage insurance policies Which EDP Consultants deetne m be adequate. Certificates for all such Insurance policies will be pro- vided to the CLIENt upon written request. Wilhln the limits and aondl- tfare of such insurance, EDP Consultants agrees to Indorrrnify and save the CLIENT harmless from and against any toss, damage or liability arising from any negligent acre of EDP ConsuBanta and Itr6 agents, staff, and consuhanm amp{dyed by iti provided however, that EDP Consutt- ants shall not be responsible for any toss, damage or Ilabllity beyond the atnouttr$, Ilrrtita, and conditions of such insurance. EDP Coneultants will not be responsible for any loss, damage, or liability arising from any acts by the CLIENT, the CLIENTS agents and staff, or otftar Cohtraclors or consuftanla employed by tho CLIENT. SECTION A: TERMINATION Thla agreement may tae terminated by either party upon seven (7) days written notice In the event of substantial failure by this other parry to perform in accordance with the terms herrsof, Such termination shall not be ®ffeCllVe if that substantial failure has been remedietl before the expiration of the period specified In the written notice. fn the event of termination, EDP Consultants shall ba paid for servlcea perforated to the terrntnation notice date plus reasonable termination expenses, In the event cf termination or suspension for more than three (3) months prior to completion of all reports contemplated by this agree- ment, EDP ConsuRanta may complete such analyses and records as era necessary to complete Ira tiles and may also complete a report for the services performed to the date of notice of termination or auspenslon. The expenses of termination or suspension shall include all direct costs of EDP Consutlants in completing such analyses, records and reports, SECTION 10: ASSIGNS Neither the CLIENT nor EDP Consultants may delegate, assign, sublet or Iransfer hla duties or interest In this agreement without the express written consent of the other party, ADM-6 {s2)