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Home My WebLink AboutX2019-0431 - MiscX,?OI q -0c131 FIELD MEMO 1033 6oMenrod Ave PROJECTNO. F>' ,'r CLIENT OR OWNER REPORT NO. TRACT/LOT NO. PROJECT NAME DATE JOB ADDRESS j C- c> Id p EARTHWORKCONTRACTOR l ],--49 - ENGJGEO. ;� It f 4 LOCATION CLIENT REPRESENTATIVE - PERMIT NO. SUBJECT COMMENTS 1 -� �'L� Y VCJ. Cl ./n • l � �/,11t 11.�' �+. 'i' �'+'�' "� /'C`i''�. �'"h .. _: C-'� 3.,. . _ 1-TA&._tea ' -TA . - C t P Y ric—. -<<_sh �R < � gy I - rd p; e- ��OrESs UPFlSAN GLOBAL GEO-ENGINEERING, INC.( "P Date03/31/ jstgn.ma) 3 Corporate Park, Suite 270 2301 I t Irvine, CA 92606 \�'O Pte, .t Phone 949-221-0900 Fax .949-221-0091 Email: global@globalgeo.net F t TERMS AND CONDITIONS OF AUTHORIZATION Consultant shall serve Client by providing professional counsel and technical advice regarding subsurface conditions consistent with the scope of services agreed -to between the parties. Consultant will use his professional judgment and will perform his services using that degree of care and slag ordinarily exercised under similar circumstances, by reputable foundation engineers and/or engineering geologists practicing in this or similar localities. • In assisting Cheat, the Consultant may include or rely on information said drawings prepared by others for the purpose of clarification. reference or bidding; however, by including the some, the Consultant assumes no responsibility for the information shown thereon and Client agrees that Consulsut is not responsible for any defects in its services that result from reliance on the information said drawings prepared by others. Consultant shag not be liable for any incorrect advice; judgment or decision based ran any inaccurate information furnished by the Client or any third party, and Client will indemnify Consultant against claim, demands, or liability arising out of, or contribute to, by such information. • Unless otherwise negotiated in writing, Chain agrees in hurt any and all liability, claim for damages, cost of defense, or expenses to be levied against Consultant on account of design defect, error, omission, or professional negligence to a sum not to exceed ten thousand dollars or charged fees whichever is less. Farther, _ Client agrees to notify any construction contractor or subcontractor who may perform work in connection with any design, repos, or study prepared by Consultant of such limitation of liability for design defects, carom, omissions, or professional negligence, and require as a condition precedent to their performing the work a like limitation of liability on their part as against the Consultant In the event the Client fails to obtain a like limitation of liability provision as to design defeee, courts, omissions or professional negligence, any liability of the Client and Consultant to such contractor in subcontractor arising out of a negligence shag be allocated between Client and Consultant in such a manner that the aggregate liability of Consultant far such design defects to all parties, including the Client shag not exceed ten thousand dollars or charged fees whichever is less. No warranty, expressed or implied of merchantability, or fitness, is made or intended in connection with the work to be performed by Consultant or by the proposal for consulting or other servicesor by the furnishing of oral or written reform; or findings madeby Consuhant Ilse Client agrees, to the fullest extent permitted by law, in indemnify, defend and hold harmless the Consultant its officers, directors, employees, agents and submnsultmts from and against all claims, damages, liabilities or costs, including reasonable attorney's fees and defense costs, of any nature whasomer arising from or in connection with the project to the extent that said claims, damages, liabilities or costs arise out of the work, services, or conduct of Hent or Client's contractors, submnsultans, or other third party not under Consultaat's control. Client further agrees that the duty to defend set forth herein arises immediately and -. -.. isnot contingent on a fording offault against Client or Client's contractors, subconsultans, or other third parties. Client shag not be obligated under this provision to indemnify Consultant for Consultant's sole negligence or willful misconduct Client shag grant free access to the site for all necessary equipment and personnel and Client shag notify any and all possessive of the project site that Client has granted Consultant free access to the project site at no charge to Consultant unless expressly agreed to otherwise in writing. If Client is not the property owner for the subject Project. Client agrees that it will notify the property owner of the terms of this agreement and obtain said property owner's approval to theterms and conditions herein. ShouldClientfail to obtain the property owner's agreement as required herein, Client agrees to be solely responsible to Consultant for all damages, liabilities, case, including litigation fees and costs, arising from such failure that exceed that limitation of Consultant's Client shag locate for Consultant and shag assume responsibility for the accuracy of his representations as to the locations of all underground utilities and installations. Consultant will not be responsible for damage to any such utilities or installation not so located. Client and Consultant agree to weave claims against each aster for consequential damages arising out of or relating to this agreement Neither party to this agreement shag assign the conduct without the express, written cement of the other party. • Consultant agrees to cover all open test hales and place a cover to carry a tog -pound load an each hole prior to leaving project site unsaended. Consultant agrees that all lost holes will be hackflled upon completion of the job. However, Client may request test holes to remain open ager completion of Consultant work. In the event Client agrees to pay for all casts associated with covering and backfilling said test holes at a later date, and Client shag indemnify, defend and hold harmless Consultant for all claims, demands and liabilities arising from his request, except for the sole negligence of the Consultant, to the extent permitted by law. Consultant shag not be responsible for the general safety on thejob or far the work of Client, other canhseare and third parties Consultant shag be excused for any delay in completion of the contract caused by acts of Cmd, acts of the Client or Client's agent and/or contractors, inclement - weather, harm trouble, acts of public utilities, public bodies, or inspectors, extra work failure of Client to make payments promptly, or other contingencies uoforesceu by Consultant and beymd reasonable control of the Consultant. • In the event that either party deshes an temmmato the contract prior to completion of the project written notification of such intention to terminate must be tendered - - to the other patty. In the event Client notifies Consultant of such intention to terminate Consulmm's services prior to completion of the consumer, Consultant reserves the right an complete such analysis and records as are necessary to place fries in order, m disprss of samples, put equipment in order, and (whew considered necessary to protecthis professional reputation) tocomplete a report on the worperfarmed to date. In the eventthat Comadant iocum costin Client's. termination of this Agreement atermination charge to cover such cost shag be paid by Client If the Client is a corporation, the individual or individuals who sign orinitial this Contract, on behalf of die Client guarantee that Client will perform is duties under this Contract Theiadividualor individuals so signing or matiaing obis Contract warrant that they are duly authorised agents of the Client. • Any notice required orpentrucd under this Contract may be given by ordinary mail at the address contained in this Contract, but each address may be changed by wnttun vatice given by one party to the other from time to time. Notice shall be deemed received in the ordinary course of the mail. This agreement shag be deemed to have been entered ism the County of Orange, State of California. LIMITATIONS Our findings, interpretations, analyses, and recommendations are professional opinions, Nal and are based on observation, laboratory data and aur professional. experience:. Consulsvt d undertaking the services beingpmvidedto Clientunder this agreement and shag in no way t under Coaoultaot'sdireetcontrol. Nootherwa tyhereinisexpmnMmimplied.