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G EOT E S T 1.888.251.5276
<br /> Bellingham I Arlington I Oak Harbor
<br /> www.geotest-inc.com
<br /> FEE SCHEDULE - 2021
<br /> Issued:January 5,2021
<br /> GENERAL CONDITIONS
<br /> 1. The client understands that no final letter of compliance will be issued to the building department for the project until all outstanding invoices have been paid.
<br /> 2. Client acknowledges that GTS has explained the full range of services it offers and the manner in which they could be applied to this project.Client also avers that he/she
<br /> understands the value and benefit of these services and has of his/her own accord decided upon those identified in the mutually agreed to scope of work. Client agrees to hold GTS
<br /> harmless and indemnify GTS for claims,demand,suit,action or assertion of any kind that arise from any work performed by GTS,and/or arise from any source due to GTS'failure
<br /> to provide services that Client has specifically not included in the list of services identified in the mutually agreed to scope of work. Such duty extends to and applies to any claim,
<br /> demand,suit,action or assertion raised by an employee of Client,and for this limited purpose Client waives the protection afforded by any exclusivity provision under any applicable
<br /> workers'compensation or industrial insurance act,including,but not limited to,RCW Title 51. Client further agrees to indemnify and pay GTS for the cost of defending any such
<br /> claims and rewards or settlements resulting there from.
<br /> 3. Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of work ordered by Client is adequate and sufficient
<br /> for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of GTS's work. GTS shall have no
<br /> duty or obligation to any third party greater than that set forth in GTS's proposal,Client's acceptance thereof and these General Conditions. The ordering of work from GTS shall
<br /> constitute acceptance of the terms of GTS's proposal and these General Conditions.
<br /> 4. Client shall initiate all tests and inspections of the site,materials and work performed by GTS or others to be timely and properly performed in accordance with the plans,
<br /> specifications and contract documents,and GTS's recommendations. No claims for loss,damage or injury shall be brought against GTS by Client or any third party unless all tests
<br /> and inspections have been so performed and unless GTS's recommendations have been followed. Client agrees to indemnify,defend and hold GTS,its officers,employees and
<br /> agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable attorney's fees in the event that all such tests and
<br /> inspections are not so performed,or GTS's recommendations are not so followed except to the extent that such failure is the result of the negligence,willful or wanton act or
<br /> omission of GTS,its officers,agents or employees.
<br /> 5. GTS's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. GTS shall not be responsible
<br /> for evaluating, reporting of affecting job conditions concerning health,safety or welfare. GTS's work or failure to perform same shall not in any way excuse any contractor,
<br /> subcontractor or supplier from performance of its work in accordance with the contract documents.
<br /> 6. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further
<br /> agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty(30)day period at the maximum interest rate permitted under applicable
<br /> law,whichever is the lesser)until paid. Client agrees to pay GTS's cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's
<br /> fees.
<br /> 7. The extension of unit prices herein with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the inspection and/or testing for a
<br /> construction project. The quantities when given are estimated based on contract documents and construction schedules made available at the time of proposal preparation. Since
<br /> construction schedules,performance,production and charges are directed and/or controlled by others,any quantity extensions must be considered as estimated and not a guarantee
<br /> of maximum cost. The term"Cost Estimate'does not imply a maximum contract amount,but only the extension value of our unit prices at the time of proposal preparation.
<br /> 8. GTS is covered by General Liability Insurance for bodily injury and property damage arising directly from our negligent acts or omissions,with a combined single limit of
<br /> $2,000,000 dollars per occurrence. If Client requires additional coverage in excess of this amount,and if procurable,GTS will take out additional General Liability Insurance to the
<br /> limits Client requires at client's expense.
<br /> 9. GTS will provide its professional services to Client,as defined by its scope of work with that degree of care and skill ordinarily exercised under similar circumstances by members
<br /> of its profession. This representation is in lieu of any warranties or other representations,either expressed or implied. It is also understood and agreed that statements made in
<br /> GTS reports are opinions and/or interpretations based on professional judgment,and should not be construed to be conclusive representations of fact. If conditions different from
<br /> what are indicated in the reports come to Client's attention after receipt of the reports,it is recommended that Client contact GTS immediately to authorize further appropriate
<br /> evaluation. GTS agrees to hold harmless and to indemnify Client on account of any damages due to bodily injury or property damage,or breach of contract,arising directly out of a
<br /> negligent act or omission in the performance of professional services by GTS;provided, however,that any such liability to any third party arising out of GTS's performance of
<br /> professional services,shall not exceed Fifty Thousand Dollars($50,000.00),or the total amount of the fee paid.
<br /> 10. Except to the extent specifically addressed in Paragraph 9,Client agrees to indemnify,defend and hold GTS,its officers,employees,agents and independent contractors
<br /> harmless form any and all claims,suits,losses,costs and expenses,including but not limited to,court costs and reasonable attorneys fees arising or alleging to have arisen out of the
<br /> performance of GTS's work. In the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against GTS to the extent that GTS shall prevail in
<br /> such suit,cause of action,claim or counterclaim,the party initiating such action shall pay to GTS the costs and expenses incurred by GTS to answer and/or defend such suit,cause
<br /> of action,claim or counterclaim,including reasonable attorneys fees,court costs,witness fees and other related expenses.
<br /> 11. Information gained or produced during the performance of our services shall be kept confidential unless disclosure is required by law or mutually agreed upon by the parties.
<br /> Document(s)prepared by GeoTest are developed specifically for the client's use and will only be disclosed to governing jurisdictions,project engineers,project designers,contractors,
<br /> and material suppliers on the client's project without the need for client's consent.Disclosure to any other person or entity shall only occur subject to consent of the client. The
<br /> client shall notify GeoTest of any additional requirements regarding confidentiality.
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