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MIDWEST TESTING LABORATORY, INC. Standard Terms of Service for Geotechnical Engineering Work AGREEMENT AGREEMENT is made between the CLIENT and MIDWEST TESTING LABORATORY, INC. to provide geotechnical engineering services. The SCOPE OF SERVICES to be provided are by written proposal, or any other agreement, either written or oral. Tbe AGREEMENT between the parties Includes the following terms of service. Any changes to this standard agreement must be mutually agreed upon in writing. STANDARD OF CARE Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under simDar conditions in the locality of the project. . The CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or exploration are made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER who will be responsible for those data, interpretations, and recommendations, bot will not be responsible for other party's interpretation or use of the Information developed. No other warranty expressed or implied Is made. SITE ACCESS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER to perform the work established in the agreed upon SCOPE OF SERVICES. The CLIENT wiD notify any and all possessors of the project site that CLIENT has granted MIDWEST TESTING LABORATORY, INC. free access to the site. MIDWEST TESTING LABORATORY, INC. will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal <:GUrse of work, some damage may occur and the correction of such damage is not a part of this agreement unless so specified in the original SCOPE OF WORK to be provided. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials may exist at sites where there Is no reason to believe they could or should be present. MIDWEST TESTING LABORATORY, INC. and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition, mandating a renegotiation of the SCOPE OF WORK or termination of services. MIDWEST TESTING LABORATORY, INC. and CLIENT also agree that the dls<:Gvery of unanticipated hazardous material may make it necessary to take immediate measures to protect health and safety. CLIENT agrees to compensate MIDWEST TESTING LABORATORY, INC. for any equipment decontamination or other costs Incidental to the discovery of unanticipated hazardous waste. MIDWEST TESTING LABORATORY, INC. agrees to notify CLIENT when unanticipated hazardous materials are detected. CLIENT agrees to make any disclosure required by law to the appropriate governing agencies. CLIENT also agrees to hold MIDWEST TESTING LABORATORY, INC. harmless for any and all consequences of disclosures which are required by governing law. In the event the project site Is not owned by the CLIENT t CLIENT recognizes that it is the CLIENT'S responsibility to inform the property owner of the discovery of unanticipated or suspected hazardous materials. (over)