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<br />(a) Services related to ~tions involving hazardous substances or conditions. as defined by federal or state law, are
<br />limited to those tasks expressly stated in the scope of services. In any event, Consultant sball not be a custodian,
<br />transporter, handIer, arranger, contractor, or remMiator with respect to hazardous substancea and conditions. Consultant's
<br />services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and
<br />specifications for isolation, removal, or remediation.
<br />(b) The Consultant shaI1 notify the Client of hazardous substances or conditions DOt contemplated in the scope of services
<br />of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected
<br />portions of its services until the hazardous substance or condition is elimin_ted. The parties shall decide if Consultant is to
<br />proceed with its services and if Consultant is to conduct testing and evaluations., and the parties may enter into further
<br />agreements as to the additional scope, fee, and terms for such services.
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<br />(14) CODltructiOD Ph. Servicel.
<br />(a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not
<br />retained to make periodic site visits, the Client lI8SUIDC8 all responsibility for interpretation of the documents and for
<br />construction observation,.and the Client waives any claims against the Consultant in any way connected thereto.
<br />(b) If the Consultant prqvidcs construction phase services, the Consultant shall have no responstbility for any contractor's
<br />means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
<br />Consultant have any authprity or responsibility to stop or direct the worle of any contractor. The Consultant's visits will be
<br />for the pwpose of endeavoring to provide the Client a greater degree of confidence that the completed werle of its
<br />contractors will generally conform to the construction documents prepared by the Consultant Consultant neither guarantees
<br />the performance of contnlctors, nor IISSUJl1CS responsibility for any contractor's failure to perform its worle in accordance
<br />with the contract docUlDe11l8.
<br />(c) The Consultant is not responstble for any duties assigned to the design professional in the construction contract that are
<br />not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shaII state that the
<br />contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify
<br />the Client and the CoOSC1ltant for all claims and liability arising out of job site accidents; and that the Client and the
<br />Consultant shall be made additional insureds under the contractor's genera1liability insurance policy.
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<br />(IS) No ThJrd-Party Benefldarfet; Anlgnment ud Subcontracting. This Agreement gives no rights or benefits to
<br />anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement
<br />will be for the sole benefit of the Client and the Consultant. The Client shalI not assign or transfer any rights under or
<br />interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent
<br />of the Consultant. The CbnSultant reserves the right to augment its staff with subconsultants as it deems appropriate due to
<br />project logistics, schedules, or marlcet conditioDS. If the Consultant exercises this right, the Consultant will maintain the
<br />agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house
<br />employees, contract employees, or independent subconsu1tants.
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<br />(16) Conftdentfalfty. The Client consents to the use and dissemination by the Consultant of photographs of the project and
<br />to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its savices. If,
<br />however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant
<br />shall use reasonable care to maintain the confidentiality of that material.
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<br />(17) MfscellaneolU ProWlona. This Agreement is to be governed by the law of the State of Florida. Thia Agreement
<br />contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
<br />negotiations, representatiQDS, agreements or understandings, whether written or oral. Except as provided in Section I, this
<br />Agreement can be supplemented or alt1CDded only by a written document executed by both parties. Provided, however, that
<br />any conflicting or additional teDns on any purchase order issued by the Client shall be void and are hereby expressly
<br />rejected by the Consultant Any provision in this Agreemmt that is unenforceable shal1 be ineffective to the extent of such
<br />unenforceability without invalidating the remaining provisions. The non-coforcement of any provision by either party shal1
<br />not constitute a waiver of that provision nor shaII it affect the enforceability of that provision or of the remaiMer of this
<br />Agreement.
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<br />o j ~)
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