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<br /> 12. JOB SI7'E: Services performed by IIANSON during constnaction will be Hazazdous subst�ces or pollutants may exist at a site where they would not
<br /> limited to providing assistance in quality contml and to deal with questions by the reasonably be expected to be present. IIANSON and CLIEN"I' agree that the
<br /> CLIENTs representative concerning conformance with drawings and specifications. discovery of unanticipated hazardous substances or pollutarits constitut�a"changed
<br /> This activity is not to be interpreted as an inspection service, a constnaction condition" mandating a renegotiation of the scope of services or tetmination of
<br /> supavision service,or guaranteeing the Contractor's performance. HANSON will not services.
<br /> be responsible for const�uction means,methods,techniqucs,sequences or procedures,
<br /> or for safety precautions and programs. HANSON will not be responsible for the HANSON and CLIENT also agree that the discovery of unanticipated hazardous
<br /> Contractor's obligation to carry out the work in accordance with the Contract substarices or pollutants will make it necessary for HANSON to take immediate
<br /> Documents. HANSON will not be considaed an ageat of the owner and will not measures to protect human health and safety, and/or the environment. HANSON
<br /> have authority to direct the Contractor's work or to stop work. agrees to notify CLIENT as soon as possibk if unanticipazed known or suspacted
<br /> hazazdous substances or pollutants aze encountaed. CLIENT encourages IIANSON
<br /> 13. OPIIVIONS OF COST: Since HANSON has no control over the cost of labor, to take any and all measures that in HANSON's professional opinion aze justiSed to
<br /> materials or equipment or over a Contractor's method of determining prices,or over preserve and pmtect the health and safery of HANSON's personnel and the public,
<br /> competitive bidding or mazket conditims, its opinions of probable Project cost or and/or the environment, and CLIENT agrees to compensate HANSON for the
<br /> consttuction cost for this Project will be based solely upon its own experience with additimal cost of such measures. In addition,CLIENT waives any claim against
<br /> constmction,but HANSON cannot and dces not guaran[ee that proposals,bids or the HANSON,and agrees to indemnify,defend and hold HANSON harmless from any
<br /> constmction cost will not vary from its opinions of probable costs. If the CLIENT claim or liability for injury or loss arising from the presence of unanticipated kt�own
<br /> wishes greater assurance as to the const�uction cost,he shall employ an independent or suspwted hazardous substances or pollutants. CLIEN'I'also agrees to compensate
<br /> cost estimator. HANSON for any time sp�t and expenses incuned by HANSON in defense of any
<br /> such claim, with such compensation to be based upon HANSON's prevailing fee
<br /> 14. SHOP DRAWING REVIEW: CLIENT agrees that IIANSON's review of shop schedule and expense reimbursement policy. Further, CLIENT recognizes that
<br /> drawing,s,when such review is includad in the scope of services,shall be solely for HANSON has no responsibility nor liability for the removal,handling,transportation,
<br /> their confortnance with HANSON's design intent and conformance with information or disposal of asbestos containing materials,nor will HANSON act as one who owns
<br /> given in the constcuction dceuments. HANSON shall not be responsible for any or operates an asbestos demolition or renovation activity,as defined in regulations
<br /> aspacts of a shop drawing submission that affect or aze affected by the means, unda�the Clean Air Act.
<br /> methods, techniques, sequences and operations of constmction, safety precautions
<br /> and prograins incidental thereto,all of which aze the Contractor's responsibifity. The 18. AQUIFER CONTAMINATION: Subsurface sampling may result in
<br /> Contractor will be responsible for lengths, dimensions, elevations, quantities and contamination of certain subsudace azeas,as when a probe or boring device moves
<br /> coordinazion of the work with other trades. CLIENT warrants that the Contractor through a contaminated area, linking it to an aquifer,underground stream,or other
<br /> shall be made awaze of his responsibitities to review shop drawings and approve them hydrous body not previously contaminated and capable of spreading hazazdous
<br /> in these respects before submittingthem to HANSON. substaz�ces or pollutants off-site. Because subsurface sampling is a necessary aspect
<br /> of the services which HANSON will provide on CLIENTs behalf,CLIEN"I'waives
<br /> 15. CONFIDENTIALII']: Each party shall retain as confidential,all information any claim against HANSON,and agrees to defend,indannify arid hold HANSON
<br /> and data fumished to it by the other party which aze designated in writing by such hazmless from any claim or liability for injury or loss which may arise as a result of
<br /> other party as wnfidential at the time of transmission,and are obtained or acquired by alleged crosscontamination caused by sampling. CLIENT further agrees to
<br /> the receiving party in connection with this Agreement, and said party shall not compensate HANSON for any time spent or expenses incurred by FIANSON in
<br /> disclose such information to any third party. defense of ac�y such claim, in accordance with HANSON's prevailing fee schedule
<br /> and expense reimbursement policy.
<br /> 16. SAMPLES: All samples of soil and rock will be discarded sixty(60)days after
<br /> report submittal. Upon CL�NTs authorization,samples will be either deliv¢red in 19. RECOGNITION OF RISK: CLIEN"I'acknowledges and accepts the risk that:
<br /> accordac�ce with CLIENTs instmctions or stored for an agreed chazge. (1)data on site conditims such as geological,geotechnical,ground water and other
<br /> substances and materials,can vazy from those encountered at the times and locations
<br /> 17. DISCOVERY OF UNANTTCIPATED HAZARDOUS SUBSTANCES OR where such data were obtained, and that this limitation on the available data can
<br /> POLLUTANTS: Hazazdous substar�ces aze those so defined by prevailing Federal, cause uncertainty with respect to the intapretation of conditims at CLIENTs site;
<br /> State,or Local laws. Pollutants mean any solid,liquid,gaseous or thermal irritant or and(2)although necessary to perform the Agreement,commonly used exploration
<br /> contaminant including smoke, vapor, soot, fumes, acids, alkalies, chemicals and methods (e.g., drilling, borings or trench excavatin� involve an inherent risk of
<br /> waste. contamination of previously uncontaminated soils and waters. HANSON's
<br /> application of its present judgment will be subject to factors outlined in(1)and(2)
<br /> above.
<br /> G-GREVO
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