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b.
<br />C.
<br />WEAVER CONSULTANTS GROUP NORTH CENTRAL, LLC
<br />General Terms and Conditions
<br />Version 2009-A1
<br />Page 2 of 4
<br />attention in writing and correctly shown on the diagram(s)
<br />furnished or correctly marked at the site.
<br />Unless otherwise stated, the fees in this proposal do not include
<br />costs associated with surveying of the site for the accurate
<br />horizontal and vertical locations of tests. Field tests or boring
<br />locations described in our report or shown on sketches are
<br />based upon information furnished by others and/or estimates
<br />made in the field by our representatives. Such dimensions and
<br />elevations should be considered as approximations unless
<br />otherwise stated.
<br />This agreement may be terminated by WCG if site conditions
<br />prevent soil borings or other subsurface excavations by WCG
<br />at or near the designated locations, because of either
<br />obstructions or safety considerations, and these conditions were
<br />not revealed to WCG prior to acceptance of this Agreement. If,
<br />in order to complete borings, or other subsurface excavation, to
<br />their designated depths, additional work is necessitated by
<br />encountering impenetrable subsurface objects, this and all
<br />additional work will be charged for at the appropriate rates in
<br />the fee schedule.
<br />d. Any equipment lost or damaged due to site surface or
<br />subsurface conditions, and not due primarily to the negligence
<br />of WCG or its subcontractors, will be invoiced at cost plus 15
<br />percent.
<br />losses and expenses including attorneys' fees arising out of or
<br />resulting therefrom.
<br />SECTION 8: INDEMNITY PROVISIONS
<br />a. WCG agrees to indemnify, hold harmless, and defend Client
<br />from and against any loss, damage, injury, claim, and liability
<br />arising from and to the extent caused by the negligent acts or
<br />omissions of WCG, its agents and subcontractors, but subject
<br />to the limitations of liability set forth in Section 11 of this
<br />Agreement. Further, Client agrees to indemnify, hold harmless,
<br />and defend WCG against any loss, damage, injury, claim or
<br />liability not caused by or arising from the acts or omissions of
<br />WCG.
<br />b. Client hereby waives all claims for indemnity and contribution
<br />(and related theories) for claims which are otherwise covered
<br />(or would be ordinarily covered) when made directly to WCG
<br />or its subcontractors under Worker's Compensation insurance
<br />provided by WCG or its subcontractors.
<br />SECTION 9: STANDARD OF CARE
<br />a. WCG represents that the services performed under this
<br />Agreement will be performed with the care and skill ordinarily
<br />exercised by reputable members of the profession practicing
<br />under similar conditions at the same time in the same or similar
<br />locality.
<br />SECTION 6: SAMPLES b.
<br />a. All materials and samples will be discarded immediately after
<br />testing unless the Client advises WCG in writing to the
<br />contrary. In such case, the samples will be delivered, shipping
<br />charges collected, or stored at owner's expense.
<br />b. Client shall have the sole responsibility to dispose of any
<br />hazardous substance or regulated contaminant whether the
<br />result of or a by-product of sampling or not, in accordance with
<br />applicable law. Client shall bear all costs and liabilities c•
<br />associated therewith.
<br />C. Client agrees to indemnify, defend and hold harmless WCG
<br />from any claims made or asserted against WCG arising out of
<br />or related to collection, storage or disposition of samples or
<br />materials alleging a failure to comply with any Federal, State or
<br />local environmental law, regulation or ordinance.
<br />SECTION 7: REPORTS AND OWNERSHIP OF
<br />DOCUMENTS
<br />a. With the exception of WCG reports to Client, all documents,
<br />including field data, field notes, laboratory test data,
<br />calculations and estimates are and remain the property of
<br />WCG. Client agrees that all reports and other work furnished
<br />to the Client but not paid for in full will be returned to WCG
<br />upon demand and will not be used for design, construction,
<br />permits, licensing, or any other purpose.
<br />b. Documents, including but not limited to, technical reports, field
<br />data, field notes, laboratory test data, calculations, and
<br />estimates furnished to the Client or its agency pursuant to this
<br />agreement are not intended or represented to be suitable for use
<br />by third parties or reuse by the Client or to the extensions of the
<br />Project or on any other project. Any use or reuse without
<br />WCG's written consent will be at Client's sole risk and without
<br />liability or legal exposure to WCG or to WCG's
<br />subcontractor(s). Client shall indemnify and hold harmless
<br />WCG and WCG's subcontractor(s) from all claims, damages,
<br />Client recognizes that subsurface conditions may vary from
<br />those encountered at the locations where the borings, surveys,
<br />or explorations are made by WCG and that the data
<br />interpretations and recommendations of WCG's personnel are
<br />based solely on the information provided to WCG. WCG will
<br />be responsible for those data, interpretations, and
<br />recommendations, but shall not be responsible for the
<br />interpretation by others of the information developed.
<br />NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS
<br />MADE OR INTENDED BY RENDITION OF CONSULTING
<br />SERVICES OR BY FURNISHING ORAL OR WRITTEN
<br />REPORTS OF THE FINDINGS MADE.
<br />SECTION 10: INSURANCE
<br />a. WCG represents that it and its agents, consultants, and
<br />subcontractors employed by it, have procured Worker's
<br />Compensation insurance and that WCG has coverage under
<br />liability insurance policies which WCG deems reasonable and
<br />adequate. WCG shall furnish certificates of insurance upon
<br />request. If the Client requests specific inclusions or limits of
<br />coverage that are not present in WCG's insurance, the cost of
<br />such inclusions or coverage increases, if available, shall be at
<br />the expense of the Client.
<br />SECTION 11: LIMITATIONS OF LIABILITY
<br />a. IT IS AGREED THAT, TO THE FULLEST EXTENT
<br />PERMITTED BY LAW, CLIENT WILL LIMIT WCG's
<br />TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000
<br />OR THE AMOUNT OF WCG's FEE WHICH HAS BEEN
<br />ACTUALLY PAID TO AND RECEIVED BY WCG,
<br />WHICHEVER IS LESS, FOR ANY AND ALL INJURIES,
<br />CLAIMS, LOSSES EXPENSES OR CLAIM EXPENSES
<br />(INCLUDING ATTORNEY'S AND EXPERT WITNESS
<br />FEES) ARISING OUT OF THIS AGREEMENT OR THE
<br />SERVICES TO BE PERFORMED PURSUANT TO THIS
<br />AGREEMENT FROM ANY CAUSE OR CAUSES. SUCH
<br />CAUSES INCLUDE, BUT ARE NOT LIMITED TO, WCG'S
<br />
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