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. /¡;fE TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: CONSULTANT will: ARTICLE 3. GENERAL CONDITIONS: 1.1 Act for CLIENT in a professional manner, using that degree 3.1 CONSULTANT, by the performance of services covered of care and skill ordinarily exercised by and consistent with the hereunder, does not in any way assume, abridge, or abrogate standards of competent geotechnical consultants practicing in any of those duties, responsibilities, or authorities with regard the same or similar locality of THE PROJECT site. to THE PROJECT customarily vested in THE PROJECT architects, design engineers, or any other design agencies or 1.2 Provide only those services that. in the opinion of authorities. CONSULTANT, lie within the technical or professional areas of expertise of CONSULTANT and which CONSULTANT is 3.2 CONSULTANT shall not be responsible for acts or adequately staffed and equipped to perform. It is expressly omissions of any other party or parties involved in the design of understood and agreed that CONSULTANT will perform only THE PROJECT or the failure of any contractor or subcontractor those services specifically described in any attachment hereto to construct any item on THE PROJECT in accordance with or in any proposal attached hereto as an exhibit. recommendations issued by CONSULTANT. 1.3 Perform all technical services under the general direction 3.3 This Agreement may be terminated by either party upon of a Registered Professional Engineer and in substantial service of written notice on the other party or by mutual accordance with the basic requirements of the appropriate agreement. If this Agreement is terminated by either party, Standards of The American Society for Testing and Materials, CONSULTANT shall be paid in full for all services performed where applicable, or other standards commonly used in the through the tennination date, and the CLIENT shall be provided industry. with a complete report of the results of tests and anaiysis conducted prior to termination. 1.4 Retain samples of soil or rock for a period extending to the award of contract, or October 31, 1996, whichever comes first. 3.4 Neither CLIENT nor CONSULTANT may delegate, assign, The samples will be discarded after that date unless other sublet, or transfer his duties or interest in this Agreement arrangements are made. without the written consent of the other party. 1.5 Retain all pertinent records relating to the services 3.5 The only warranty made by CONSULTANT in Connection perfonned for a period of five years following submission of the with its services performed hei-eunder is that it will use that report, during which period the records will be made available degree of care and skill as set forth in Article 1.1. No other upon request to CLIENT during normal office hours. warranty, expressed or implied, is made or intended for services provided hereunder or furnishing oral or written reports ARTICLE 2. CLIENTS RESPONSIBILITIES. Client or his of findings made. designated representative wilt: 3.6 This Agreement is binding upon and shall inure to the 2.1 Provide CONSULTANT full information regarding the benefit of the parties hereto, their officers, employees, agents, structure(s) to be constructed on THE PROJECT site, locations affiliates, subcontractors, heirs, assigns, and personal of existing underground utilities on THE PROJECT site, representatives. magnitudes and configurations of loads, permissible settlements. planned cuts and fills, proximity to adjacent ARTICLE 4. UNANTICIPATED HAZARDOUS MATERIALS: - structures, and design loadings for paving areas and railways, and other information for the proper performance of 4.1 The CLIENT understands that hazardous materials on or CONSULTANT, including, but not being limited to, information beneath the surface of a site creates extraordinary risks for conceming hazardous materials or conditions existing on the CONSULTANT including the need for precautions to protect the project site of which CLIENT has knowledge or, in the exercise health and safety of his personnel and to comply with of reasonable diligence, should have knowledge. applicable laws and regulations. 2.2 Furnish right of entry onto THE PROJECT site for 4.2 CLIENT agrees that the discovery of unanticipated CONSULTANT to make the necessary field studies. hazardous materials constitutes a changed condition CONSULTANT wilt endeavor to minimize damage to the land mandating a renegotiation of the scope of work or tennination but makes no guarantee to restore the site to its original of services. condition unless a separate agreement is made for such restoration, in which case CONSULTANT shall add the cost of 4.3 The discovery of unanticipated hazardous materials may restoration to the fee for THE PROJECT. result in a significant reduction of the CLIENTS property value or the OWNER'S value if the project site is owned by others. 2.3 Designate in writing those persons, organizations, or agencies to be contacted in the event conditions are revealed during the execution of CONSULTANTS study that would require possible alteration of the study or would potentially influence design that is proceeding in parallel with the study. 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