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HomeMy WebLinkAboutS2018-0184 - Misc`y •.e omo omm a eme 6t� • e Q% N •e m e m� °�� e � N • w® n � m ' 00 O N o .. M a C, ati ii s Y {ai Jto .J ° N } 1 d YI Vi 'uem.4 N O m G. CL s ttS 3 r cai n cNi u; " z m N �4 �d j ❑ pa, bo A m m O o O N UI N m and Vl ai =o, 0 a W¢ a k� o 0 �4(iw c om z z o O Cin iol gg —ryr-A _y U) _ o r m ioMww o C o J LL ppgy yg2 Y LL i� O (A K J % Co E O C V W V N N dfO UQ W J m w a' &� o m m a cc 4 0— (i &�0 L C Fi5 *' Z W -I LL N N J N O o y O > 3 pa LU a N 00 00 0000 0000 G1 «� mZ N ui a C) 000ni 'w C5 C; C.. QQ o F.>Q c MfnMv3 mvi viw N c C >U cc OJ CwV N w Yc V oaai 2C7oli �.. IiLL mU dLLN?Ha6� y =a�ml � we c 3 mN o moo ao Li n fmW O -.�N C aymU'apacy5 wC Q U U)mz co wm O ` OI—p)OI UI OImLO 2.2 y .. 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WMI VALLtY, GA'93065 s (805):657-7908 r .IGHNLC7RI~NZ REGISTERED INSPECTOR'S FIELD REPORT . - I IMCPFrrlI ^dto,O1.fa-9 L'I,v12/ SUB CONTRACTOR: ENGINEER I ARCHITECT: P 9 Se- 2 -- R �° PERMIT'# I JURISDICTIONS Z Ob -0 / 7 9 V I nr-ATInN I nF12rLNPTInI DATE: I2 I SJ�I b dp.�.i�e " f_el .r 4 q (lr ✓� 0. Oti/. ,S j v.4G S ff ) CONCRETE SUPPLIER: MIX# : P.&I.: SAMPLE TYPE/QUANTITY. ' TEST SCHEDULE: 3 7 28 OTHER EMAIL RESULTS TO: BY SIGNING BELOW, I CERTIFY THAT I HAVE OBSERVED THE ABOVE LISTED WORK, AND UNLESS NOTED OTHERWISE, TO THE BEST OF MY KNOWLEDGE, HAVE FOUND THIS WORK TO CONFORM TO APPROVED PLANS, AND APPLICABLE LOCAL GOVERNING BUILDING CODES. INSPECTOR'S NAME: "I� (f G4 LIC#• Ptl Yb6P° JUIRISDICTION. 1 e C INSPECTOR'S SIGNATURE: z DATE: t 2t(. S` l 6 HOURS: - (ALL INSPECTIONS ARE BASED ON A MINIMUM 4 HOUR (% DAY) CHARGE, OR 8 HOUR (FULL DAY) CHARGE FOR INSPECT/ NS LASTING OVER 4 HOURS i APPROVE®BY• - DATE: ORIGINAL WHITE COPY TO BUILDING OFFICIAL - YELLOW COPY TO CONTRACTOR/ OWNER - PINK COPY TO INSPECTOR FIELD MEMO PROJECT NO. CLIENT OR OWNER REPORT NO. zr TRACTILQT NO. PROJECT NAME DATE DAY 4 JOB ADDRESS EARTHWORK CONTRACTOR ENGJGEO. LOCATION CLIENT REPRESENTATIVE PERMITNO. SUBJECT COMMENTS P45 f' 7,L: n. 71, tit c -i 71, f. e c 4-.� A i F. 7? j �2' U No. 2215: fit) lw i GLOBAL GEO-ENGINEERING, INC. 3 Corporate Park, Suite 270 Irvine, CA 92606 Phone 949-221-0900 Fax 949-221-0091 Email: global@globalgoo.net By:- (signatum) 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 skill ordinarily exercised under similar circumstances, by reputable foundation engineers and/or engineering geologists pmcticing in this or similar localities. • In assisting Client, the Consultant may include or rely on information and drawings prepared by others for the purpose of clarification, reference or bidding; however, by including the same, the Consultant assumes no responsibility for the information shown thereon and Client agrees that Consultant is not responsible for any defects in its services that result from reliance on the information and drawings prepared by others. Consultant shall not be Gable for any incorrect advice; judgment or decision based on any inaccurate information famished by the Client Or any third party, and Client will indemnify Consultant against chat., demands, or liability arising out of, or contribute to, by such information. • Unless otherwise negotiated in writing, Client agrees to limit Day and all liability, claim for damages, cost of defense, or expenses to be levied against Consultant on account of design defect, earn, omission, or professional negligence to a sum not to exceed ten thousand dollars or charged fees whichever is less. Further, Client agrees to notify any construction contactor car subcontractor who may perform work in connection with any design, report, or study prepared by Consultant of such limitation of liability for design defects, errors, omissions, or professional negligence, and require as a condition precedent to then 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 defects, errors, omissions or professional negligence, any liability of the Client and Consultant to such contractor or subcontractor arising out of a negligence shall be allocated between Client and Consultant in such a manver that the aggregate liability of Consultant for such design defects to all prudes, including the Client shall .at exceed ten thousand dollars or charged fees whichever is has. 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 services or by the furnishing of Oral or written reports or findings made by Consultant • The Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the Consultant, its officers, d'imelors, employees, agents and subconsollmas from and against all claims, damages, liabilities or costs, including reasonable attorney's fees and defense costs, of any nature whatsoever arising from or in connection with the &eject to the extent that said claims, damages, liabilities or costs arise out of the work, services, or conduct of Client or Cheat's contractors, shhbconsultants, ar other third party not tinder Consultant's control. Client further agrees that the duty to defend set forth herein arises immediately and is not contingent on a finding of fault against Client or Client's contractors, subconsultants, or other third parties. Client shall not be obligated under this provision " to indemnify COnsdltam for Consultant`s sole negligence orwillfuli misconduct. • Client shall grant free access to the site for all necessary equipment and personnel and Client shall notify any and all possessors 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 the terms and conditions herein. Should Client fail to obtain the properly owner's agreement as required herein Client agrees to be solely responsible to COnsultan for all damages, liabilities, costs, including litigation fees and costs, arising from such failure that exceed that limitation of Consultant's liability herein. Client shall locate for Consultant and shall assume responsibility for the accuracy of his representations as to the locations of all underground utilities and installations. Consultant will out be responsible for damage to any such utllilles or installation not so located. Client and Consultant agree to waive claims against each other for consequential damages arising out of or relating to this agreement, Neither party in this agreement shall assign the contract ,about the express, written consent of the other party. Consultant agrees to cover all open test holes and place a cover to carry a 2000.potind load on each hole prior to leaving project site unattended. Consultant agrees that all lest holes will be backfilled upon completion of the job. However, Client may bequest rest holes to remain open after completion of Consultants work. In the event Client agrees to pay for all costs associated with covering and beekliilfmg said test holes at a later date, and Client shall 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. COOstiltant shall not be responsible for the general safety on the job or for the work of Client, other contractors and third parties • Consultant shall be excused for any delay in completion of the contract caused by acts of God, acts of the Client or Client's agent and/or contractors, inclement weather, labor trouble, acts of public utilities, public bodies, or inspectors, extra work, failure of Client to make payments promptly, or other contingencies unforeseen by Consultant and beyond reasonable control of the Consultant • In the event that either parry desires to terminate this contract pnor to completion Of the project, written notification of such intention to terminate most be tendered to the other party. In the event Client notifies Consultant of such intention to terminate Consultant's services prior to completion of the connect, Consultant reserves the right to complete such analysis and accords as are necessary to place files in order, to dispose of samples, put equipment in order, and (where considered necessary to protect his professional reputation) to complete a repot on the work performed to date. In the event that Consultant incurs cost in Client's lermivaton of this Agreement, a termination charge to cover such cost shall be paid by Client. • If the Client is a corporation, the individual or individuals who sign or initial this Contract, on behalf of the Client, guarantee that Client will perform its duties under this Contract. The individual or individuals so signing or initialing this Contract warrant that they are duly authorized agents of the Client. • Any notice required or permitted under his Contract may be given by ordinary and at the address contained in this Contract, but such address may be changed by written notice 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 shall be deemed to have been entered into the County of Orange, Stale of California. LIMITATIONS Our findings, interpretations, analyses, and recommendations are professional opinions, prepared and presented in accordance with generally accepted professional practices and are based on observation, laboratory data and our professional experience. Consultant does notzssume responsibility for the proper execution of the work by others by undertaking the services being provided to Client under this agreement and shall in no way be responsible for the deficiencies or defects in the work performed by others not under Consultant's direct control. No other warranty herein is expressed or implied. FIELD IUIEM® PROJEC/T�NO�.1 ,�«� CLIENT OR OWNER REPORTNO. TRACTILOT NO. PROJECTNAME DATE DAY JOB ADDRESS_ .741 SiJr�r>? EARTHWORK CONTRACTOR hi�o-r ENOJC O %iG�y-S LOCATION fUt wx"oe —4 CLIENT REPRESENTATIVE ,ybs i PERMIT SUBJECT COMMENTS T� CAd 'jTJ t�<r Ii(^G lJl2/21 %Vc✓J a /L {` ° /—/A/AJGfr -t/3' -('" N�iF'�r✓��M�L,,."�7� %��j7�6J1,� D,/� •Y'�I!r��nirNit/�IGSi\I v `/�- �' �i'fl' ~fi•d { (..17i1 ,�• :`"�tslxl— s.'r <? i;�f'1 , t� 'r'}�rc�TIT-•t Ln�tl:.t /�✓.I`� �/4�..1'�6�G � '�r�n/rr -ij L"�'�'r�'uS;C_' ,i'ics'I`.h�tL`j7 'ice >�,-f� SS %/ r 4 %� /?'�,�!• i'" 7fTC 7?(r'z�' /n/ P2:N%.i/J�t'2r1 5�"-, w c„ �� 6N-frrlrr/1✓r,J (d�j7.n�.r�` _ '�>���II7 AJ _ ST r �1a:'r•r;�-,f. EE w No.2253 = xp. i� OF C GLOBAL GEO•ENGINEERING, INC. - 3 Corporate Park, Suite 270 Wine, CA 92606 Phone 949-221-0900 Fax 949-221-0091 EmaIC Rlobal@globalgeo.net (Signaluro \. (i•rfnl) PROJECT NO. / CLIENT OR OWNER REPORT NO. TRACTILOT NO. PROJECT NAME - DATE JOB ADDRESS _ EARTHWORK CONTRACTOR jCLIENT ENGJGEO. LOCATION REPRESENTATIVE PERMITNO: SUBJECT COMMENTS Jt S . . ft ER Y w � No.225 U Exp N�topq 41 GLOBAL GEO-ENGINEERING, INC. 3 Corporate Park, Suite 270 Irvine, CA 92606 Phone 949-221-0900 Fax 949-221-0091 Email: global@globalgeo.net Bycslg�ewR> (Prim) f i TERMS AND CONDITIONS OF Consultant shall serve Client by providing professional counsel and technical advice regrading subsurface conditions consistent with the scope of services agreed -to behveen the parties. Consultant will use his professional judgment and will perform his services using that degree of care and skull ordinarily exercised under similar circumstances, by reputable foundation engineers and/or engineering geologists practicing in this or similar localities. • In assisting Client, the Consultant may include or rely on information and drawings prepared by others for the purpose of clarification, reference or bidding; however, by including the same, the Consultant assumes no responsibility for the information shown thereon and Client agrees that Consultant is not responsible for any defects in its services that result from reliance on the information and drawings prepared by others. Consultant shall not be Gable for any incorrect advice; judgment or decision based on any inaccurate information funrished by the Client or any third party, and Client will indemnify Consultant against claims, demands, or liability arising out of, or contribute to, by such information. Unless otherwise negotiated in writing, Client agrees to Emit 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. Further, Client agrees to notify any construction contractor or subcontractor who may perform work in connection with any design, report, or study prepared by Consultant of such Imitation of Lability for design defects, ears, 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 Eke limitation of liability provision as to design defects, errors, omissions or professional negligence, any liability of the Client and Consultant to such contractor or subcontractor arising out of a negligence shall be allocated between Client and Consultant in such a manner that the aggregate liability of Consultant for such design defects to an parties, including the Client shall 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 services or by the furnishing of oral or written reports or findings made by Consultant The Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the Consultant, its officers, directors, employees, agents and subconsultants from and against air claims, damages, liabilities or costs, includbng reasonable attorney's fees and defense costs, of any nature whatscever ansing firm 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 Client or Client's contractors, subcensulmnts, or other third party not under Consultant's control. Client further agrees that the duty to defend set forth herein arises immediately and is not contingent on a finding of fault against Client or Client's contractors, subconsullants, or other third parties. Client shall not be obligated under this provision to indemnify Consultant for ConsulmuPs sole negligence or willful misconduct. Client shall grant free access to the site for all necessary equipment and personnel and Client shall notify any and all possessors 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 proporty mvner's approval to the terms and conditions herein. Should Client fail to obtain the property owner's agreement as required herein, Client agrees to be solely responsible to Consultant for all damages, liabilities, costs, including litigation fees and costs, arising from such failure that exceed that limitation of Consultant's liability herein • Client shall locate for Consultant and shall assume responsibility for the accuracy of his representations as to the locations of all underground utilities and {nstallations. Consultant will not be responsible for damage to any such utilities or installation not so located. • Client and Consultant agree to waive claims against each ether for consequential damages arising out of or relating to this agreement Neither party to this agreement shall assign the contract without the express, written consent of the other party. Consultant agrees to cover all open test holes and place a cover to carry a 200 pound load on each hole prior to leaving project site unattended. Consultant agrees that all test holes will be backfilled upon completion of the job. However, Client may request test holes to remain open after completion of Consultants work. In the event Client agrees to pay for all costs associated with covering and backfilfmg said test holes at a later date, and Client shall 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 pertained by law. • Consultant shall not be responsible for the general safety on the job or for the work of Client, other contractors and third parties. Consultant shall he excused for any delay in completion of the contract caused by acts of God, acts of the Client or Client's agent and/or contractors, inclement weather, labor trouble, acts of public utilities, public bodies, or inspector, extra work, failure of Client to make payments promptly, or other contingencies unforeseen by Consultant and beyond reasonable control of the Consultant. In the event that either party desires to terminate this contract prior to completion of the project, written notification of such intention to terminate must be tendered to the other party. In the event Client notifies Consultant of such intention to terminate Consultant's services prior to completion of the contrac4 Consultant reserves the right to complete such analysis and records m are necessary to place files in order, to dispose of samples, put equipment in order, and (where considered necessary to protect ]us professional reputmon) to complete a report on the work performed to data. In the event that Consultant incurs cost in Client's temtination of this Agreement, a termination charge to cover such cost shall be paid by Client. • ' If the Client is a corporation, the individual or individuals who sign or initial this Contract, on behalf of the Client, guarantee that Client will perform its duties under this Contract. The individual or individuals so signing or initialing this Contract warrant that they are duly authorized agents of the Client. Any notice required or permitted under this Contract may be given by ordinary mail at the address contained in this Contract, but such address may be changed by written notice 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 shall be deemed to have been entered into the County of Orange, State of California. LIMITATIONS Our findings, interpretations, analyses, and recommendations am professional opinions, prepared and presented in accordance with generally accepted professional practices and are based on observation, laboratory data and our professional experience. Consultant does not assume responsibility for the proper execution of the work by others by undertaking the services being provided to Client under this agreement and shall in no way be responsible for the deficiencies or defects in the work performed by others not under Consultant's direct control. No other warranty herein is expressed or implied. City of Newport Beach Special Inspector Manual r. 'r�rrun��� Project Address: Permit Number: Inspection Type inspection Date CITY OF NEWPO TT BEACH COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION 100 Civic Center Drive ) P.O. Box 1768 Newport Beach, CA 92658 ,rvnvw.nenroortbeachca.00v (949) 644-3200 SPECIAL INSPECTION REPORT ( ) Periodic VKContinuous I Describe Inspection, Including Location(s): hC �C3T G-%�� tr List Tests Made: `' �y Total Inspection Time Each Day: Date: Hours: To the best of m knowledge, tie work inspected was in accordance with the Building Division approved design drawings, specifications anr�anolicable workmanship nrovinons of the 11 6.G axrant a< nnrnd ahm.o -eciail or Signatur ; Date: Print Full Name: Newport Beach Registration No.: r 67 City of Newport Beach Special Inspector Manual <G tt f'U/ri CITY OF NERTORT BEACH COMMIT= DEVEI,OPIYIENT DEPARTMENT BUILDING DIVISION 100 Civic Center Drive I P_O. Box 1768 Newport Beach, CA 92658 wAniv.newoortbeachca.Dov (949) 644-3200 SPECIAL INSPECTION Final Proiect Report Project Address; Permit Number Inspection Type Inspection Date Based upon my personal observation and written reports of this work, it is my 'udgment that the inspected work was performed, to the best of my knowledge, in accordance with the approved plans, specifications, and the applicable workmanship provisions of the Uniformed Building Code. J rial lgigomorSignatur Date: Print Full Name: Newport Beach Registration No.: ZdA �v12- SpeciallmpectipnFnalVrojectReport 08/25/1015 W. 3/24/2017 3:43 PM FROM: Fax SOUTHNESTESTING INSPECTION TO: +1 (714) 901-3080 PAGE: 003 OF 01' 4'antiauuus inspecfier. & Materials Tesnna S OUTHWEST 111MOG0-i011. & TC-46.71o, .1 1t:. 441 Commercial Way. .La Habra. CA 90631-616P. (5621941-2996 (71415?6-844- FAX 15621946-0024. FIELD DATA ON TEST SPECIMENS --- ASTM C31, C138, C143, C172, C173, C231, C1064 --- CONCRETE: MORTAR: SHOTCRETE: X CORES: GUNITE: ADDRESS: 369 SANTA ISABEL AVE. JOB M DATE: 03/2312017 JOB NAME: SMITH RESIDENCE PERMIT #: S2016-0179 ISSUED BY: ARCHITECT: ENGINEER: D. PASOL CONTRACTOR: BOB JONES MASONRY SUB: WEST COAST SHOTCRETE LOCATION IN STRUCTURE: BOTTOM OF SPA TRACT: PHASE: LOT M CONCRETE SUPPLIER: GARY BALE PLANT: MIX M 7 1/2 - 1 TYPE OF CEMENT: V ADMIXTURE: TICKET #: 246966 SLUMP: 0.00 in. WATER ADDED: 0 gal. AIR TEMP: 0 F CONCRETE TEMP: 0 F MIXING TIME: 0 min. TIME CAST: 07:30 DATE CAST: 02/2312017 RECEIVED AT LAB: 03/06/2017 SPECIMENS MADE BY: JOSE SPECIFIED PSI @ 28 Days: 4500 LAB #: 88316 CLIENT: RICHARD LUIZ TESTING INFORMATION: SAMPLE IDENTIFICATION: 828881 828882 828883 AGE DAYS: 28 28 28 DATE TEST: 03/23/2017 03/23/2017 03/23/2017 SIZE (in.): Height X Diameter 8.000 X 4.010 8.000 X 4.010 8.000 X 4.010 AREA IMP)- 12.63 12.63 12.63 CRUSH LOAD (lbs.): 83982 84669 82011 COMPRESSIVE STRENGTH (psi.): 6650 16700 6490 HEIGHT -DIAMETER RATIO: CORRECTION FACTOR: CORRECTED STRENGTH (psi.): BREAK TYPE: III II III C.T.M. USED: Riehle Riehle Riehle REMARKS: COMPLIES: X ASTM C39, C174, C192, C470, C617, C42 DOES NOT COMPLY: FOR INFORMATION: THIS REPORT SHALL NOT BE REPRODUCED, EXCEPT IN FULL, WITHOUT THE APPROVAL OF SOUTHWEST INSPECTION AND TESTING, INC.. SAMPLES CAST BY OTHERS: NOTICE:These test results are from samples cast by inspectors or technicians not employed by our fan. They were either delivered to our laboratory or picked up by our driver. We will accept no responsibility for the inspection made on the jabsite by the inspector, furthermore we do not take responsibility for any information on this report other than the strength as tested and reported. ASTM C39 BREAKS: 1=CONE - II=CONE AND SPLIT RESPECTFULLY SUBMITTED SOUTHWEST INSPECTION AND TESTING ERROL LAB. MA , .. "" III=COLUMNAR - IV=SHEAR - V=SIDE FRACTURES - VI=POINTED FIELD MEMO PROJECT NO. CLIENT OR OWNER _ REPORT NO. TRACT/LOT NO. PROJECT NAME DATE DAY_,,. JOB ADDR - ADDRESS ? EARTHWORK CONTRACTOR � D'r ENGJGPO:` / LOCATION i J V - r ' � fit`— CLIENT REPRESENTATIVE —r, PERMIT NO. SUBJECT I COMMENTS / , GLOBAL GEO-ENGINEER 3 Corporate Park, Suite 270 Irvine, CA 92606 Phone 949-221-0900 Fax 949-221-0091 Email: global@globalgeo.net MOHAN B. I UPASANI U ' Exp. bate 03/311f `1 f" L 2301 � J ��q �GTECHN��P��e ccpF CAli-\F (Signature) 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 skill ordinarily exercised under similar circumstances, by reputable foundation engineers and/or engineering geologists practicing in this or similar localities. • In assisting Client, the Consultant may include or rely on information and drawings prepared by others for the purpose of clarifncafion, reference or bidding; however, by including the same, the Consultant assumes no responsibility for the information shown thereon and Client agrees that Consultant is not responsible for any defects in its services that result from reliance on the information and drawings proposed by others. Consultant shall not be Gable for any incorrect advice; judgment or decision based on any inaccurate information famished by the Client or any third party, and Client will indemnify Consultant against claims, demands, or liability arising out of, or contribute to, by such informaton. Unless otherwise negotiated in writing, Client agrees to limit 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. Prather, Client agrees to notify any construction contractor or subcontractor who may perform work in connection with any design, report, or study prepared by Consultant of such Gmimtic n of liability for design defects, writers, 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 defects, errors, omissions or professional negligence, any liability of the Client and Consultant to such contractor a subcontractor arising out of a negligence shalt be allocated between Client and Consultant in such a manner that the aggregate liability of Consultant for such design defects to all parties, including the Client shall 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 services or by the furnishing of oral or written reparts or fndings made by Consultant. The Client agrees, to the fullest extent permitted by low, to indemnify, defend and hold harmless the Consultant, its officers, d mmors, employees, agents and subemoulmnts from and against all claims, damages, liabilities or costs, including reasonable attormy's fees and defense costs, of any nature whatsoever 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 Client or Client's contractors, subconsultents, or other third parry not under Consultant's cannot. Client further agrees that the duty to defend set forth herein arises immediately and is not contingent on a finding of fault against Client or Client's contractors, subconsuitams, or other third parries. Client shall not be obligated under this provision —ta indemnify CmrsulcantYorCansuitant'ssole nag1igertcmormiilf ll mhsmnduc[— • Client shall grant free access to the site for an necessary equipment and personnel and Client shall notify any and all possessors 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 the terms and conditions herein. Should Client fail to obtain the property owner's agreement as required herein, Client agrees to be solely responsible to Consultant for au damages, liabilities, costs, including litigation fees and Costs, arising from such failure that exceed that limitation of Consultant's liability herein. Client shah locate for Consultant and shall assume responsibility for the accuracy of his representations as to the locations of at underground utilities and installations. Consultant will not be responsible for damage to any such mines or installation not so located. Client mid Consultant agree to waive claims against each other for consequential damages arising out of or relating to this agreement Neither party to this agreement shall assign the contract without the express, written consent of the other party. Consultant agrees to cover all open test holes and place a cover to carry a 200-pound load on each hole prior m leaving project site unattended. Consultant agrees that all test holes will be backfilled upon completion of the job. However, Client may request test holes to remain open after completion of Consultants work, In the event Client agrees to pay for all costs associated with covering and backfnlling said lest holes at a later date, and Client shall 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. Consuham shall hat be responsible for the general safety on the job or for the work of Client, other contractors and third parties. • Consultant shall be excused for any delay in completion of the contract caused by acts of God, acts of the Client or Client's agent and/or contractors, inclement weather, labor trouble, acts of public utilities, public bodies, or inspectors, extra work, failure of Client to nuke payments promptly, or other contingencies unforeseen by Consultant and beyond reasonable control of the Consultant. In the event that either party desires to terminate this contract prior to completion of the project, written notification of such intention to terminate most be tendered to the other party. In the event Client notifies Consulmnt of such intention to terminate Consuhant's services prior to completion of the contract, Consultant reserves the right to complete .such analysis and records as are necessary to place files in order, to dispose of samples, put equipment in order, and (where considered necessary to protect his professional reputation) to complem a report on the work performed to date. In the event that Consmmut incurs cost in Client's termination of this Agreement, a termination charge to cover such cost shall be paid by Client. If the Client is a corporation, the individual or individuals who sign or initial this Contract, on behalf of the Client, guarantee that Client will perform its duties under this Contract. The individual or individuals so signing or initialing this Contract warrant that they are duly authorized agents of the Client. • Any notice required or permitted under this Counsel may be given by ordinary mail at the address contained in this Contract, but such address may be changed by written notice given by one party to the other from tine to time. Notice shall be deemed received in the ordinary course of the mail. This agreement shall be deemed to have been entered into the County of Orange, State of California. LIMITATIONS Our fr dings, interpretations, analyses, and recommendations are professional opinions, prepared and presented at accordance with generally accepted professional practices and are based on observation, laboratory data and our professional experience. Consultant does not assume responsibility for the proper execution of the work by others by undertaking the services being provided to Client under this agreement and shall in no way be responsible for the deficiencies or defects in the work performed by others not under Consultant's direct control. No other warranty herein is expressed or implied.