R2003-88 AUTHORIZING THE EXECUTION OF CONSULTING SERVICES AGREEMENT

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� durin such eriodic visits shall not make CONSULTANT res onsible for nor relieve the construction II' g P P � � contractor, of the sole responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s), and for all safety precautions incidental thereto. 6.7 All samples, sample residues, and byproducts from the sample testing process relating to the Services shall be disposed of by CONSULTANT in accordance with applicable Law. If included in the Scope of Services, CONSiJLTANT shall also dispose of all non-hazardous waste generated in the , performance of the Services. 6.8 CONSLTLTANT shall not arrange or otherwise be responsible for the disposal of any regulated , waste, including but not limited to toxic, radioactive or hazardous substances, wastes or materials ' ("Hazardous Wastes")associated with the Services,either directly or indirectly through its subcontractors or others. CONSLTLTANT, at CLIENT's request, may assist the CLIENT in identifying or evaluating disposal alternatives for the off-site treatment, storage or disposal of Hazardous Wastes,but neither CONSLTLTANT nor others for whom CONSiJLTANT bears responsibility related to the Services shall make any independent determination relating to the selection of a treatment, storage or disposal facility or sign any hazardous waste manifest. 7 CHANGE ORDERS 7.1 CLIENT or CONSULTANT may, from time to time, request modifications or changes in the scope of Services. To the extent that the scope of the Services to be performed by CONSLTLTANT has been affected, CONSLTLTANT's Compensation and Project Schedule shall be equitably adjusted. All changes shall be set forth in a written Change Order in the form of Attachment B, incorporated herein by reference, and executed by both parties. 8 FORCE MAJEURE 8.1 Neither party shall be responsible for a delay in its performance under this Agreement, other than a delay in payment for Services already performed, if such delay is caused by extraordinary weather conditions or other natural catastrophes war, riots, strikes, lockouts or other industrial disturbances, acts of any governmental agencies or other events beyond the reasonable control of the claiming party. CONSULTANT shall be entitled to an equitable adjustment to the Compensation and the Project Schedule as a result of any such delay. 9 CONFIDENTIALITY 9.1 CONSiJLTANT shall treat as confidential and proprietary all information and data delivered to it by CLIENT. Confidential information shall not be disclosed to any third party, other than CONSLTLTANT's subcontractors or subconsultants, during or subsequent to the term of this Agreement. Nothing contained herein shall preclude CONSLTLTANT from disclosing information or data: (i) in the public domain without breach of this Agreement; (ii) developed independently by CONSULTANT; (iii) received by CONSLJLTANT on a non-confidential basis from others who had a right to disclose such Confidential Information; or (iv) where disclosure or submission to any governmental authority is required by applicable statutes, ordinances,codes,regulations, consent decrees, orders,judgments,rules, and all other requirements of any and all governmental or judicial entities that have jurisdiction over the Subcontracted Services ("Law"), but only after actual prior written notice has been received by the CLIENT and CLIENT has had a reasonable opportunity to protect disclosure of such Confidential Information. 4 Consulting Services(CPFF)(Rev.1-14-2003)