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Page 5 <br /> 4.4 OWNER will examine all studies, reports, sketches, drafts or other documents prepared by ENGINEER for <br /> OWNER's review in a timely manner, and generally render decisions and provide information in such a manner as to prevent <br /> delay of the services. <br /> 4.5 OWNER shall be responsible for informing ENGINEER of the presence of any hazardous or potentially hazardous <br /> materials on the site. Under no circumstances shall ENGINEER be responsible for the release, handling, treatment, storage or <br /> disposal of hazardous materials, and OWNER shall indemnify ENGINEER for any claims related to the services that may <br /> arise out of the presence of hazardous materials. <br /> 4.6 ENGINEER is to provide subsurface services by a geotechnical subcontractor for the Project and the following <br /> terms apply to both ENGINEER and said subcontractor: <br /> 4.6.1 It is necessary that borings, excavations and other penetrations be located such that they maintain a <br /> minimum safe distance from underground utilities or other man-made improvements. OWNER shall advise <br /> ENGINEER of all utilities that service or are located on the site, as well as any underground improvements located <br /> on the site. ENGINEER will contact state notification centers, where available, or individual utility owners where a <br /> state notification center is not available, prior to drilling. <br /> 4.6.2 Public utility owners may not provide the locating service on private property. In such.situations, <br /> OWNER is responsible for location of such utilities prior to drilling. <br /> 4.6.3 The property owner may have private underground improvements which cannot be cleared through the <br /> state notification center or public utility owners. The OWNER is responsible for location of these improvements. <br /> 4.6.4 ENGINEER will not be responsible for any damages to "non-located" or incorrectly located underground <br /> utilities or other man-made improvements. <br /> 4.6.5 OWNER acknowledges and accepts that unavoidable contamination risks may be associated with <br /> ENGINEER's subsurface drilling, sampling and installation of monitoring devices. Risks include, but are not <br /> limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling <br /> process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; <br /> and decontamination of equipment and disposal and replacement of contaminated consumables. OWNER and <br /> ENGINEER agree that the discovery of unanticipated actual or suspected hazardous materials may make it <br /> necessary for ENGINEER to take immediate measures to protect human health and safety, and/or the environment. <br /> OWNER and ENGINEER also agree that the discovery of such materials constitutes a changed condition which <br /> may result in added costs to OWNER, and may require a renegotiation of work scope or termination of services. <br /> 4.6.6 OWNER agrees to hold harmless and indemnify ENGINEER from and against liability associated with <br /> contamination. <br /> 4.6.7 Equipment lost in bore holes may be required to be retrieved or properly abandoned by government <br /> agencies. OWNER agrees to pay ENGINEER all costs related to retrieving and/or abandoning such equipment at <br /> ENGINEER's prices, unless agreed otherwise. <br /> 4.6.8 OWNER recognizes that unavoidable risks occur whenever engineering or related disciplines are applied <br /> to identify subsurface conditions. Even a comprehensive sampling and testing program performed in accordance <br /> with a professional standard of care may fail to detect certain conditions, because they are hidden. For similar <br /> reasons, actual environmental, geologic and geotechnical conditions that ENGINEER characterizes to exist between <br /> sampling points may differ significantly from those that actually exist. The passage of time must also be <br /> considered, and OWNER recognizes that, due to natural occurrences or direct or indirect human activities at the site <br /> or distant from it, actual conditions discovered may change. OWNER recognizes that nothing can be done to <br /> eliminate the risks associated with these limitations. <br /> SECTION 5 - TIMES FOR RENDERING SERVICES <br /> 5.1 ENGINEER's services and compensation under this Agreement have been agreed to in anticipation of the orderly <br /> and continuous progress of the Project through completion of the Construction Phase and in accordance with the Project <br /> Schedule contained within Exhibit A. <br /> MOUNDSV.JH Rev. November 21, 1995 <br />