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GME CONSULTANTS, INC.
<br />GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING
<br />1. Scope of work
<br />GME Consultants, Inc. (hereinafter called GME) shall perform the services defined in this contract, and shall invoice
<br />the client for those services at the rates shown on the attached FEE SCHEDULE. Any estimate of cost to the Client as
<br />stated in this contract shall not be considered as a firm figure, but only as an estimate, unless otherwise specifically
<br />stated in the contract. GME will provide additional services under this contract, as required to complete the engineer-
<br />ing assignment, and/or as authorized by the Client and requested by the Client with charges for those additional
<br />services at the stated rates.
<br />It. Soil Boring Locations and Elevations
<br />It is desirable for GME to use its expertise in determining the number. depth, and locations of borings. However, it is
<br />understood that the Client may specify the number, location, or depth of borings. GME agrees to follow the Client's
<br />specifications to the extent practical. If the Client specifies the number, depth or locations of borings, Client agrees to
<br />accept the risk associated therewith, and agrees to indemnify and hold harmless GME from the claims of others arising
<br />therefrom. To the extent that the Client does not specify the number, locations or depth of borings, such will be
<br />selected by GME personnel.
<br />GME will determine the ground surface elevations at the boring locations. If a bench mark is not available on the site,
<br />the elevations may be estimated from the topographic map (if one is provided). In using survey data provided by the
<br />Owner (for horizontal and vertical control), GME assumes no liability or responsibility to verify the accuracy of the
<br />survey data: we assume the survey data and/or bench mark elevations are correct as given. When GME uses a bench
<br />mark provided by the local municipality, county, or the state, we likewise assume no liability or responsibility in
<br />verifying the correctness of the elevation.
<br />Since GME Consultants does not practice in the profession of land surveying, boring locations will be located in the
<br />field within the accuracy feasible. When the property lines are not surveyed and slaked it may be necessary to
<br />approximately locate the borings by reference to available landmarks and landforms. In some cases, GME will request
<br />the Owner to either survey the boring locations before drilling starts, or after the completion of drilling. Such surveying
<br />will be carried out at no cost to GME. The boring locations shown on the Soil Boring Location Diagram are to be
<br />construed as approximate locations only.
<br />III. Access to Site
<br />Unless otherwise agreed, the Client will furnish GME with right -of -access to the site in order to conduct the planned
<br />exploration or lieltl service. GME will take reasonable precautions to minimize damage due to its operations. GME has
<br />not included in the estimated charges the cost of restoration of any damage resulting cost
<br />the operations, and will not
<br />be liable for such damage. If the Client directs. GME will restore the site and add ilia cost of restoration to the charges
<br />in accordance with personnel and equipment rates indicated on the FEE SCHEDULE.
<br />IV. Utilities
<br />In the prosecution of the work, we will take reasonable precautions to avoid damage or injury to subterranean structures
<br />or utilities. The client agrees to hold us harmless for any damages to subterranean structures which are not called to our
<br />attention and correctly shown or described on the documents furnished.
<br />V. Discovery of Unconfirmed Pollution, Notification to the State
<br />If we observe a substance at the ground surface. in a boring or an excavation, or it we observe a substance in contact
<br />with or within the groundwaterwhich in our professional opinion could potentially pollute surface waters or the ground-
<br />water, there is a legal obligation to notify the State of Minnesota Pollution Control Agency, in accordance with the
<br />provisions of Statute 115061. "DUTY TO NOTIFY AND AVOID WATER POLLUTION" It is our understanding that this
<br />notification must be -immediate:' usually interpreted by the Agency to be within 24 hours. We will attempt to notify you.
<br />our Client, first to have you do the notification, but if you do not assure us that you will do so, or it we are unable to
<br />communicate he usual practice lhof client confidentiality. ality. athen be ndlCliient agreto es to hold GME hthe State armless from any consequences auirements of this statute n from
<br />such notification.
<br />Vt. Invoices
<br />a. Invoices will be submitted once a month for services performed during the prior month. Payment is due upon
<br />presentation and is past due alter thirty (30) days of receipt of the invoice, unless specifically arranged otherwise in
<br />writing. The Client shall provide GME with a clear written statement within fifteen (15) days after the invoice date of
<br />any questions with respect to the invoice. Failure to provide GME with a clear written statement within fifteen (15)
<br />days shall constitute acceptance of an invoice as submitted. The Client agrees to pay a finance charge of one and
<br />one -hall percent (114%) per month eighteen percent (16%) annually on past due accounts but not to exceed the
<br />maximum rate by law The billing rates as described in the Agreement will be increased on the anniversary of the
<br />effective date of this agreement.
<br />b. The Client's obligation to pay for the work contracted is in no way dependent upon the Client's ability to obtain
<br />financing, zoning, approval of governmental or regulatory agencies, final adjudication of a lawsuit in which GME is
<br />not involved, or upon the Client's successful completion of the project. It is agreetl that all expenses incurred by GME
<br />in liening or collecting a delinquent amount, including but not limited to reasonable attorneys' fees, financial
<br />charges. personnel. duplication,
<br />iroastorage costs. court costs, travel and sub-
<br />sistence. hall be ad to GME by the Client addtontthedelnquentamun
<br />VII. Ownership of Documents
<br />GME will furnish three (3) copies of each report to the Client. The Client will be billed for additional copies at the rate of
<br />525.00 per copy.
<br />All reports. boring logs, fieto data. field notes, laboratory test data, calculations, estimates, and other documents
<br />prepared by GME, as instruments of servlco, shall remain the property 01 GME.
<br />ears
<br />Client agrees That all reports antl other work furnished to the Client or his agents which are not paid tar, will be returned
<br />E will
<br />upon demand and will not be used by the Client for any purpose whatsoever.
<br />he report. t n atIwh cih pot oil/hesreclords wlI be madie avI'l o I Clleol aareasonable times
<br />I es.wing submission of
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