No. 3030 approving/authorizing the execution of an amendment to the addendum to the master agency agreement (Ignition Park Phase 1A Infrastructure - Supplement #1)

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0 t ATC CLIENT GENERAL TERMS AND CONDITIONS 1. PAYMENT Client will pay ATC for Services and expenses in accordance with the Contract Document. ATC will submit invoices to Client monthly together with reasonable supporting documentation requested by Client and a final bill upon completion of its Services. Unless otherwise agreed in writing, there shall be no retainage. Payment is due within thirty (30) days regardless of whether Client has been reimbursed by any other party. Past due amounts are subject to an interest charge on the outstanding balance of either one and one-half percent (1'h %) per month or the maximum rate permitted by law, Client agrees to pay ATC's attorney's fees, interest, and all other costs incurred in collecting past due amounts. 2. OBLIGATIONS OF CLIENT Client warrants that all information provided to ATC is complete and accurate to the best of Client's knowledge. Client agrees to advise ATC, prior to beginning work, and during (lie work, of any hazardous conditions on or near the site known to Clicnt. Client understands that ATC is relying upon the completeness and accuracy of inibmnition supplied to it by Client and ATC will not independently verify such information unless otherwise provide in the Contract Document. Client shall be solely responsible for and shall indemnify and hold harmless ATC for any costs, expenses or damages incurred by ATC clue. to C'lient's failure to follow applicable reporting and governmental requirements. Client will not hold ATC liable if ATC's recommendations are not followed and waives any claim against ATC, and agrees to defend, indemnify and hold ATC harmless from any claim or liability for injury or loss that results from failure to implement ATC's recommendations- 3. STANDARD OF CARE ATC's Services as defined by the Contract Document shall be perfonied in accordance with generally accepted industry principles and practices, consistent with it level of care and skill ordinarily practiced by the consulting profession currently providing similar services under similar circumstances at the time the Services were provided. Client agrees to give ATC written notice within one (1) year of tiny breach or default under this section and to provide ATC a reasonable opportunity to cure such breach or default, without the payment of additional iccs to ATC, as a condition precedent to any claim for damages. 4. LIMITATIONS OF METHOD RELIABILITY The Client recognizes and agrees that all testing and remediation methods have reliability limitations, no method no- number of sampling locations can guarantee that a condition will be discovered within the performance of the Services as authorized by the Client. The Client further acknowledges and agrees that reliability of testing or renmediation methods varies according to the sampling frequency and other variables and that these factors including cost, have been considered in (lie Client's selection of Services. ATC's observations only represent conditions observed at the time of the site visit. ATC is not responsible for changes that may occur to the site after ATC completes the work. 6. INTERPRETATION OF DATA Client recognizes that subsurface conditions may vary from those encountered at the locations where the borings, surveys, or explorations are made by ATC and that the data interpretations and recommendations of I'C's personnel are based solely on the infonmalion available to them. ATC will be responsible for its data, interpretations, and recommendations, but shall not be responsible for the interpretation by others or the information developed. 6. THIRD PARTY INFORMATION ATC is dependent on information available from various governmental agencies and private database firms to aid in evaluating the history of the site. ATC shall not be liable for any such agency's or database firm's failure to make relevant files or documents properly available, to properly index riles, or otherwise to fail to maintain or produce accurate or complete records. 7. SITE ACCESS Client grants or shall obtain for A "rC a right of entry to all parts of the proicct site necessary to complete the Services and it represents that it has obtained the applicable permits and licenses for the proposed work. if Client does not own the site, Client represents that it has or will obtain prior to the commencement of work, the authority and pennission of the owner and /or the occupant of the site. Client acknowledges that due to the nature of the work, unavoidable damage may occur. Client waives its right of r:covcty Ibr such unavoidable damage, and if Clicnt is not the owner of the site, Client agrees to indemnify and defend ATC against any claims by the owner and /or occupant for any such damage. Unless otherwise specified in the Contract Document, ATC is not liable for damages caused by exploratory demolition or investigation to identify, quantify, or evaluate building materials, systems, and /or components not readily accessible to ATC during ATC's performance of the Services. ATC is not responsible 1br unforeseen conditions that exist on site within building systems that prohibit or deter ATC front gaining access to building materials, systems, and /or components. 8. SITE CONTROL ATC's testing, observation, or inspection of the mvork of other parties on a project shall not relieve such parties of their responsibility to perform their work in accordance with applicable plans, specifications and safety requirenienls. Continuous monitoring by ATC's employees does not mean that ATC is observing or verifying all site work or placement of all materials. Client agrees that ATC will only make on -site observations appropriate to the field services provided by ATC and will not relieve others of their responsibilities to perfbmn the work. 9. TEST AND SAMPLING LOCATIONS Unless otherwise specified in the Contract Document, the accuracy of test or sample locations and elevations will be commensurate only with pacing and approximate measurements or estimates. The Client should retain the services of a professional surveyor, if greater accuracy is required. Client will furnish, a diagram indicating the accurate location of the site. Sample locations may also be indicated on the diagram. ATC reserves the right to deviate a reasonable distance from the boring and sample locations unless this right is specifically revoked by the client in writing at the time the diagram is supplied. 10. SAMPLES AND EQUIPMENT ATC will not retain any samples obtained from the project site for more than 30 days, or as required by law, alter submitting its report or issuing written tests 2of4