Environmental Site Assessment Phase II

ENVIRONMENTAL SITE ASSESSMENT PHASE II AGREEMENT

RECITALS (WHEREAS)

WHEREAS, Client Name: is the owner or authorized representative of the real property identified as Project Site Address: (the "Site");

WHEREAS, Consultant Name: is qualified to perform environmental investigations and has agreed to perform a Phase II Environmental Site Assessment for the Site under the terms set forth herein.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows.

PROJECT IDENTIFICATION

SCOPE OF WORK

The Consultant shall perform the Phase II Environmental Site Assessment as described below. The Scope of Work shall include field investigation, sampling, laboratory analysis, data interpretation and a written report delivering conclusions and recommended response actions where applicable.

FIELD INVESTIGATION ACTIVITIES

The Consultant will perform the following field activities as applicable (check those to be performed):

SCHEDULE AND DELIVERABLES

Anticipated field mobilization date:    Estimated report delivery date:

PAYMENT TERMS

Total fee for services: $

Late payment fee:    Invoices due within days of invoice date.

TERM AND TERMINATION

Agreement start date:    Agreement end date (if applicable):

Either party may terminate this Agreement for material breach upon written notice and a cure period of days. Termination for convenience by Client requires days' written notice and payment for work performed to date.

CONFIDENTIALITY

The Consultant shall treat as confidential all non-public Client information obtained in connection with performance of this Agreement and shall not disclose such information to third parties except as required by law or as necessary to perform the Services. Notwithstanding the foregoing, Consultant may retain copies of records for its internal file retention and regulatory compliance obligations.

LIABILITY, INDEMNIFICATION, AND INSURANCE

Consultant shall perform services with the level of care and skill ordinarily exercised by members of the environmental consulting profession under similar circumstances. Consultant's liability to Client for any claim arising out of this Agreement shall be limited to the amount of fees paid to Consultant for the specific services giving rise to the claim, except for damages caused by Consultant's gross negligence or willful misconduct.

LIMITATIONS AND CONDITIONS

The scope of services does not include remedial design, remediation execution, permitting, or long-term monitoring unless expressly included in the Scope of Work. Site access, utility locations, seasonal conditions and existing fills or structures may limit investigative activities; Consultant shall notify Client of such limitations and recommend alternatives where feasible.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of: without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. Any amendment must be in writing and signed by authorized representatives of both parties.

CERTIFICATION

The undersigned certify that they are authorized to enter into this Agreement on behalf of the respective parties and that the information provided in this Agreement is true and accurate to the best of their knowledge.

Sign Now