GJN4299 Bergeson-Boese Contract - Laserfiche WebLink

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. . CONDITIONS AND LIMITATIONS: 1, The professional services of Bergeson-Bcese 8 Associates, Inc. will be rendered using the degree of care and skill ordinarily exeroised under similar dreumstances by reputable environmental engineering and construction firms practicing in this or similar k>cations. No other warranty, express or implied, is made. 2. The conclusions and recommendations reached from this assessment will be based only on the data provided by others and obserwafions made during field investigations. The accuracy of these findings should not be considered as scienfific certainties, but rather as professional opinion based upon selected and limited data. 3. The services to be performed consist solely of those described within the Scope of Service outlined above. Other environmental assessment services (e.g., waste characterizations, compliance audits, wetlands determinations, etc.) are not inducted in the scope of work. These services may be provided as an expansion of the Scope of Service outlined above or as an additional phase of the investigation. 4. This proposal is based upon performing the assessment under Level D or less health and safety protection. tf unsafe physical or chemical conditions are encountered at the site, all work will be temporarily hafted, the client notified, and a new scope of work negotiated. 5. Bergeson-Bosse 8 Assodates, inc. does not assume the responsibility for reporting to any local, state, or federal public agencies any conditions at the site that may present a potential danger to public health, safety, or the environment. Notification to appropriate agendas as required by law is the responsibility of the client. 6. If the subject property and faa{ides are not owned by the client, the client warrants that all necessary permissions for Bergeson-8oese & Associates, Inc. to enter onto the site for the purpose of performing the Scope of W ork outlined above has been obtained. 7. Ali data generated from this investigation, including the final report, will be submitted to the client upon receipt of payment in full for services rendered. 8. ff a dispute arises between the parties pertaining to the Agreement, the dispute shall be determined by arbitration in accordance with the arbitration provisions of Oregon Revised Statutes. Each party shall choose an arbifrator, and the iwo arbitrators shall choose a third. If the choice of the seconri or third arbitrator is not made within ten (10}days of the choosing of the prior arbitrator, either party may apply to the presiding judge of the lane County Circuit Court to appoint the required arbitrator. The parties shall be entitled. to conduct discovery in accordance with the Oregon Rules of Civil Procedure, subject to limitation by the arbitrator to secureryst and efficient resolution of the dispute. ff the amount in controversy exceeds 510,000.00, the arbitrators decision shah include a statement specifying in reasonable detail the basis for and computation of the amount of the award, if any. The arbitration shall take place in Lane County, Oregon, and the award of the arbitrator shah have the effect provided in Oregon Revised Statutes governing arbitration. Cost of the arbitration shall be shared equally by the parties, and each party shat{ pay its own attorney fees incurred in connection with the arbitration. Dated: 08-23-2007 BERGESON- E & ASSOCIATES; I By: Its: Principal ACCEPTANCE OF PROPOSAL You are hereby authorized to furnish ail materials and labor required to complete the work detailed in the above Agreement, for which the undersigned agrees to pay the amount stated in said Agreement in accordance with the terms and conditions thereof. Date: By: Its: COE481SC.OSW -PROPOSAL PAGE 6 FIELD INVESTIGATIVE SERVICES FOR ENVIRONMENTAL ANO GEOTECNNICAL ASSESSMENT OF FORMER GRAVEL EXTRACTION SITE AUGUST 24, 2007