|
MAY.04'2004 16:07 704 333 0845 KIMLEY-HORN CHARLOTTE #4246 P.019/019
<br />
<br />(14) Hazardous Substances and Conditions
<br />(a) Unless stated in the scope of services, it is ahreed that the Client does not t-equest the Consultant to perforlll any services
<br />or to make any determkmtions ~vol~ing ~_-~dous substances or conditions, ~s defined by federal or state law. If such
<br />services are a~reed to, ~onsnltaut shal! not be a custodian, t~msporter, handler, arrm~er, contra~5~, or rentedi~tor with
<br />respec~ to hazardous substances and conditions. Commltanfs sorvices will be Iknitcd to professional anall~ais.
<br />mcoxmnendations, and feporti~, incl,_.,4_i-g, when al~reed to, plans and specifications for isolation, removal, or ~diatio--
<br />(b) The Consnllant shall notify the Client ofhaza~dons substances or conditions not contemplated in the scope of services
<br />of which the Consultant actually becomes aware. Upon such notice by the Coosul~.% the Consultant may stop at%%cted
<br />portions of iQ smwice$ until the hazat~us substance or condition is e~imln~tted. The parties shall decide it' Cons~tmlt is to
<br />l~OC~d with its ~wices'and if Consultant is to conduct testinl~ and' evaluations, and the pa~ties may enter into fitrthcr
<br />a~eements as to the ~;~ional scope, fee, and tenus for such ~wices.
<br /> (c) ]~xcept to the extent of ne~,li§ence, if uny, on thc pat2 of the Consultant in perfor'~n$ ser~ces cxln'essl)' undertaken in
<br /> connection with hazardous substances ~d conditions, the Clim~t a~'s to hold bannle~, indemnify, and defend the
<br /> Consultant from and a~ainst any end all claims, losses, damages, li~biBty, and co~ts in any waF at'in8 out or core,coted
<br /> with the presence, discha~e, release, or e~ape of~dous s~betanecs or conditions of uny kind, or eu~omnental liability
<br /> of an)' nature, in any n~mer related to sm-vices of the Consultant
<br />
<br />(15) Construction Phase Services
<br />(a) If the Consultanfs services ivclude the preparation of documents to be used for construction and the Consultant is not
<br />~ctained to make l~riodic site visits, thc Client assumes aH responsibilit)' for intern of the documents and for
<br />construction obsetwation, axui the Client waives any claims asainst the Consultant in any way connected thereto.
<br />(b) If the Consultant provides construction phase services, thc Consultant shall have no responsibility for any contractor's
<br />means, methods, technklues, equipment choice and mml~e, sequence, schedule., safety pro~xams, or safety practices, nor shall
<br />Consultant have any atlthoxity or responst'oiUty to stop or direct the work of any contractor. The Cousultanfs visits will be
<br />for the purpose of endeavofin~ to provide the Client a l~.ater de~e of confidence that thc completed vaxk of its
<br />contractors will itenerally confoml to the construction documents prepped by the Consultant. Consultant neither lpmt'antees
<br />the performance of contractors, nor assumes responsibility for any conUactor's failure to perform its work in accordatlco
<br />with the contract documents.
<br /> (c) Thc Consultant is ~xot rcsponsible for any duties sssit~ned to the dcsislz profossion~t in the construction contract that are
<br /> not expressly provided for in this Atlrc~meni. ~ Cliant al~rees that each coniract with any contractor stroll state that the
<br /> coutractor shall be solely responsfolc for job site safety and for its means and methods; that the conUactor shall indenmif7
<br /> the Client and the Consultant fo~ all c!slr~ and liability arisin~ out of job site accidents; and that the Client and the
<br /> Consultant shall be madc additional insureds tinder the contractor's §eneral liability insm'ance policy.
<br /> (I (5) Assignment sad SubeontractJn~ Tins A~recment ~ives no riF~hts or benefits to anyone other than gte Client and thc
<br /> Conmlumt, and all duties and responsibilities tmdertak~ pursuant to this Asreement will be for the sole benefit of the
<br /> Client and the Consultant. Neither the Client nor the Consultm~ shall assign or Irausfer any ri~ts under or interest in this
<br /> Ahreement without the written consent of thc other. However, the Consultant t~-~wcs the rip, hr to aulptwnt its stuff with
<br /> subconsultants as it deems appropriate due to project losistics, schedules, or mmtcct conditions. If the Consultant exercises
<br /> this right, thc Consnltsnt will maintain the allr~ed-upon bJllin$ rates for services ideniified in the contract, re§ardless of
<br /> whether the services are providexl hy in-house ~pioyces, conlract employees, or independent subconsultants.
<br /> (17) Confidentiality The Client conscnts to thc use and dissengxmtion by the Consultant of photoS~Phs of the project
<br /> and to the use by thc Consultant of facts, data and information obtaiued by thc Consultant in the performanco of its services.
<br /> If, however, any fac~s, data o~ information are specifically identified in writi~ by the Client as conftdential, the Consultant
<br /> shall use reasonable care to maix~in the confidmttiality of that material.
<br /> (18) l~_lscellaneous Provisions This Affreement is to be i~overned by the law of the State of North Carolina. This
<br /> Asreement contains the entire and full), integrated aSreentcnt between the parties and supcr~des all prior and
<br /> cont,~,5~orsncous negotiations, representations, a~reements or understandinl;,% wbethcr writlen oc oral. This A~comen! con
<br /> bc supplemented or amendcd only by a written document executed by both parties. Pro~d~, however, that any conflicti~
<br /> or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the
<br /> Consultant. An), provision in this A~reement that is unenforceable shall be inei~'ecfive to thc extent of such tmenforceability
<br /> without in~alidatlne, the rem_~i~in.o provisions. Thc non-cnfo~cemant of any provision l~ either party shall not constitute a
<br /> waiver of that provision nor ,*,hall it affect the e]tforceability of that provision or of the remainder of rigs AIp~ement
<br />
<br />
<br />
|