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<br />NUTTING wili take reasonable precautions to minimize damage to the property caused by its equipment and sampiing procedures, but the cost of
<br />restoration or dcmage which may result from the planned operations is not inciuded in the contracted amount. If Client desires to restore the property
<br />to its former condition, NUTTING will accomplish this and add the cost to its fee.
<br />Damage to Existing Man-made Objects - It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and
<br />accurate location of aH hidden or obscure man.made objects relative to routes of access, field tesls, sampiing, or boring locations. When cautioned,
<br />advised or given dala in writing that reveal the presence or potential presence of underground or over-ground obstructions. such as utilities, septic
<br />tanks, etc., NUTTING will give special instructions to its fieid personnel. NUTTING may require special measures to be employed at possible
<br />additional cost for drilling operations within a twenty foot lateral distance to powerlines. As evidenced by your acceptance of this proposal, Client
<br />agrees to indemnify and save harmless NUTTING from all claims, suits, losses, personal injuries, death and property liability resulting lrom unusual
<br />subsurface conditions or damages to subsurface structures, owned by Client or third parties, occurring in the performance of the proposed work,
<br />whose presence and exact locations were not revealed to NUTTING in writing, and to reimburse NUTTING for expenses in connection with any such
<br />ciaims or suits, including reasonable attorney's fees. Nutting will endeavor to utilize normal care in accessing drilling locations but assumes no liability
<br />for damage to the lawn, landscaping, sprinklers or other subsurlace objecls that occurs in the normal course of our work.
<br />Warranty and Limitation of liability - NUTTING shall perform seNices for Client in a professional manner, using that degree of care and skill
<br />ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the
<br />event any portion of the seNices fails 10 comply with this warranty obligation and NUTTING is promptly notified in writing prior to one year after
<br />completion of such portion of the seNices, NUTTING will re-perform such portion of the seNices, or if re-performance is impracticable, NUTTING will
<br />refund the amount of compensation paid to NUTTING for such portion of the seNices.
<br />This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a
<br />particular purpose is made or intended by the proposal for consulting seNices, by furnishing an oral response of the findings made or by any
<br />representations made regarding the seNices included in this agreement. In no event shall NUTTING or any of its professional employees be liable for
<br />any special, indirect, incidental or consequential loss or damages, including but not limited to impact and delay claims. The remedies set forth herein
<br />are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of,
<br />connected with or resulting from the seNices provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00,
<br />whichever is greater. At additional cost, Client may obtain a higher limit prior to commencement of seNices.
<br />For services involving or relating to pollution, it is further agreed that the Client shall indemnify and hold harmless NUTTING and their consultants,
<br />agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not
<br />limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by NUTTING, or
<br />claims against NUTTING arising from the work of others. This indemnification provision extends to claims against NUTTING which arise out of are
<br />related to, or are based upon, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals, Iiqpjrr ga~~s or
<br />any other material, irritant, contaminant or pollutant in or into the atmosphere or on, onto, upon, in or into the surface or subsurface. "
<br />Nutting is to be supplied with current, applicable and approved project plans and specifications and any approved written r:Sdifications thereto in a
<br />timely ma~ner. Nutting is n?t. responsible for .the "means or methods" of construction .on structural !,nspe~tiof). ~~jects. Nutting accepts no
<br />respons~b'ltty for accuracy, va!'dlty or code c~mpliance of contrac~ docu~ents nor for any claims rel~ted t~ ,t~~ld or,ndoor air quality. Nutting is not
<br />responsible for construction site safety. Nutting Engineers work IS not Intended to be used for enVlfonme: . " ~. contaminant related evaluation and
<br />sho~ld ,not be used or relied upon for these purposes unless otherwise explicitly s~ated b~_~utti~ in wr~\i~; An/~nd all causes of action arising out 01
<br />Nutting s pe.rformance of .the Work shall be deemed to have accrued and the applicabJ; "~,,,utes of limitations shall commence to run not later then the
<br />date of Nutting's last InVOice for the Work performed hereunder.
<br />Sampling or Testing Location - U.nless. specifically stat~d to the G:'~;a"'y. the unit fees included in this proposal do not include costs associated with
<br />professional land sUNey,ng of the site or the .~.ccurate.h:':~0ntal and vertical locations of tests. Field tests or boring locations described in our report or
<br />shown .on our sketches are}ased 5:~ ;~eclllc information furnished to us by others andlor estimates made in the field by our technicians. Such
<br />dlmen.'on.~ .a.:..~:i; v~' ..:.'.;~~i,ons should be considered as approximations unless otherwise stated in the report. It is understood that all drilling locations
<br />..., tl accessible to conventional truck mounted drilling equipment unless otherwise specified by the client. If unscheduled remobilizations or use of portable or all
<br />terrain equipment is required additional charges will apply. NUTIING will attempt to clear utilities at our excavation/test locations by manual drilling to 3' beiow
<br />land surface (BLS). Any utilities/obstructions present at client specified test locations or below 3' BLS will be the responsibility of the client.
<br />Sample Handling and Retention -- Generally soil test samples are retained for approximately three months after which time they will be discarded
<br />unless written instructions to the contrary are received from the client.
<br />
<br />Joint and Several Liability - The concept of joint and several liability is explained as follows: When two or more parties are considered responsible
<br />for causing injury or damage, anyone of the parties may be made to provide compensation for as much as 100% of the damages assessed. When
<br />applied to hazardous materials projects, it is possiblelhat the concept of joint and several liability could be construed to make NUTTING partly or
<br />wholly responsible lor damages created directly or indirectly by the hazardous materials. Client agrees that it would be unfair for NUTTING to be
<br />exposed to such an action, because NUTTING had nothing whatsoever to do with the creation of the"hazardous condition. Accordingly, Client waives
<br />any claim against NUTTING, and agrees to defend, indemnify and save NUTTING harmless from any claim or liability for injury or loss arising from
<br />application of a joint and several liability concept that would, in any manner, hold or seek to hold NUTTING responsible for creating a hazardous
<br />condition or permitting one to exist. Client also agrees to compensate NUTTING for any time spent and expenses incurred by NUTTING in defense of
<br />any such claim, with such compensation to be based upon NUTTING's prevailing fee schedule and expense reimbursement policy relative to recovery
<br />of direct project costs.
<br />Legal Jurisdiction - The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of
<br />competent jurisdiction located in Palm Beach County, Florida.
<br />Force Majeure - NUTTING shall not be held responsible for any delay or faifure in performance of any part of this Agreement to the extent such delay
<br />or failure is caused by fire, flood, explosion; war, strike, embargo, government requirement, civil or military authority, acts of God, act or omission of
<br />subcontractors, carriers, client or other similar causes beyond its conirol.
<br />Documents - NUTTING shall be entitled to rely upon the accuracy and completeness of all sUNeys, reports and information furnished by the client. If
<br />conditions different from those described jn our report are found at the site, NUTTING should be notified in writing immediately upon discovery.
<br />NUTTING reserves the right to revise conclusions and recommendations presented in the final report should additional information regarding the
<br />project become available. All pennils will be obtained by others unless otherwise specified in this proposal or in writing to NlJTITNG. NUITING has no liability for
<br />consequences of information not provided or unavailable or otherwise not reviewed or known from the normal sources customarily examined by NUTTING in such
<br />investigations within the time frame allowed for this investigation under this agreement. The client, entities identified in writing on the address portion of our report,
<br />design team professionals engaged by our client and building official staff are entitled to use and rely upon NUTTING'S reports for purposes of the current project.
<br />Other parties are not authorized 10 use or rely upon NUITING'S reports unless NUTIING so states in writing.
<br />
<br />cc; Richard C. Wohlfarth, P.E., Pavel Cruz- Construction Services,
<br />Diane Valentini - Director of Marketing & Business Development
<br />
<br />CitySunnyIsles Gym-2AcrePark propl1JF/pd
<br />~ NUTTING
<br />Ie ENGI~~:,~.~c.
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<br />ESTABLISHED 1967
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