General Terms and Conditions for multiVIEW Locates Inc. Services

General

1. Please reference the Estimate Number in any correspondence related to this estimate and subsequent project activities and queries.
2. Throughout this estimate and associated schedules, the “Client” is the party to whom this estimate is addressed and who authorizes and assumes responsibility for payment for the work costs.
3. Receipt of written confirmation from the Client acknowledging the statement of work and these terms and conditions is required before the work described in this estimate can be scheduled and commenced.
4. Throughout this schedule, “multiVIEW” is the corporate entity multiVIEW Locates Inc.
5. Project Area” or “Work Area” is the term applied to the specific ground or structure surface area or Locate Area, as defined by Ontario Regional Common Ground Alliance (ORCGA) that is to be surveyed, investigated, or evaluated.
6. multiVIEW cannot control productivity nor predefine field-time effort required since site conditions can vary greatly from those expected in creating this statement of work. The Client acknowledges that all estimates are created on best effort basis and cannot anticipate all possible site conditions. Should time outside standard hours be required to complete any work, the Client may either authorize working activities at the applicable premium rate or re-schedule at the earliest available time as determined by the multiVIEW Project Manager or Project Coordinator. If the Client fails to provide direction, multiVIEW will use its sole discretion as to whether to complete the work that same day at the premium rate or delay completion to an unspecified later time to be negotiated with the Client.

Financial

7. This estimate will be used as a ceiling price estimate and no work will be done once this ceiling price has been reached unless authorized in writing by the Client.
8. The Client is responsible for all costs incurred during this work. If the Client as identified in this estimate is to be changed, written acceptance of the estimate must be received from that party prior to multiVIEW engaging in the work activity. If a change of invoicing is required, a written change order must be issued and an administrative fee will be charged at multiVIEW’s sole discretion.
9. Hourly rates for services apply to each hour or part thereof when multiVIEW personnel are engaged in activities related to the project. multiVIEW Locates Inc.’s standard business hours are 7:30 a.m. to 4:00 p.m., Monday to Friday, except statutory holidays. Requirements for multiVIEW personnel to complete activities outside these hours constitute premium service and are charged at premium service rates of 1.5 times the quoted rates for non-statutory holidays and at 2 times the quoted rates for statutory holidays unless other rates have been negotiated
10. For clients with approved credit terms, invoicing will be as follows. For projects with estimated total cost less than $2,000.00, 50% of the estimate will be invoiced at the time multiVIEW receives written authorization to proceed. For projects with estimated fees in excess of $2,000.00, a down payment invoice for $2000.00 will be issued at the time multiVIEW receives written authorization to proceed; additional invoicing will occur on a weekly basis with the down payment being credited on the final project invoice.
11. For clients without pre-approved credit, the total fee estimate must be paid prior to commencement of work.
12. For Clients with overdue outstanding invoices, all outstanding invoices must be paid in full prior to commencement of work.
13. All invoices are issued due upon receipt. multiVIEW does not accept purchase orders with other payment terms specified.
14. For projects where any invoiced work is subjected to a holdback or similar partial payment procedure, multiVIEW will apply a 10% premium charge for all invoiced work subject to such action.
15. Costs to repair or replace field equipment and instrumentation lost due to site conditions (such as sondes in underground pipes) or damaged beyond what is considered normal wear and tear, or contaminated, as a direct result of site specific hazards (e.g. toxic waste sites) will be invoiced to the Client at cost plus 15%.

Technical Limitations

16. Pipe, cable, conduit, rebar, post-tension cables, anchors, containers, vaults, tanks and similar objects that are buried under the ground or embedded within a structure are referred to in multiVIEW’s terms and conditions as Buried Assets
17. Subsurface conditions such as depth to bedrock, change in soil type, presence of karst, voids, contaminated soil or ground water, residual construction or industrial debris or buried waste are referred to in multiVIEW’s terms and conditions as Buried Liabilities.
18. The Client acknowledges that the laws of fundamental physics apply and acknowledge that sensing instruments can not detect all Buried Assets and Buried Liabilities. Buried Assets and Buried Liabilities which are detectable by properly deployed and operated instruments are termed Locatable Buried Assets and Locatable Buried Liabilities. Buried Assets and Buried Liabilities which are not clearly detectable in an unambiguous manner due to the laws of fundamental physics are termed Unlocatable Buried Assets and Unlocatable Buried Liabilities. multiVIEW follows industry best-practice procedures but is not responsible for determining the presence and location of Unlocatable Buried Assets or Unlocatable Buried Liabilities.
19. Instruments to locate Buried Assets use a variety of approaches to detect and infer the location of the Buried Assets. Standard pipe and cable locating instruments detect the magnetic fields associated with electrical current flowing in the Buried Asset. GPR (Ground Penetrating radar) techniques depend on the transmission of radio waves into the host material and detection of waves reflected back from the Buried Assets. Sonding methods require insertion of a source of magnetic field into the pipe or conduit and detection of the magnetic field created by source at the surface of the Work Area to locate the sonde position. For the purposes of this estimate, Locatable Buried Assets are normally characterized as:
a. metallic pipes, cables and conduits that are capable of carrying an electrical current and that can be physically accessed to allow an energizing current source to create an electrical current in the Buried Asset of sufficient magnitude as to be detectable by standard locating instruments;
b. metallic pipes, cables and conduits that actively carry an identifiable electric current that is sufficiently large and has suitable frequency as to be detectable by standard locating instruments;
c. metallic and non-metallic pipes, cables, conduits, rods, bars, wires, voids, and inclusions that represent a substantive electrical contrast to the host material and are embedded in a host material transparent to radio waves such that radio waves reflected from the feature are detectable by a GPR instrument;
d. non-metallic pipes, cables and conduits (i.e. composed of plastic, concrete, asbestos, clay, etc.) which have continuous associated tracer wire capable of carrying an electric current and that can be physically accessed to allow an energizing current source to create an electrical current in the tracer wire of sufficient magnitude as to be detectable by standard cable locating instruments;
e. non-metallic pipes, cables and conduits which have continuous associated tracer wire capable of carrying an electric current and that naturally carries an electrical current of sufficient magnitude and suitable frequency as to be detectable by standard cable locating instruments;
f. open pipe and conduits that can be accessed by a sonde and are sufficiently shallow to permit detectable magnetic fields to be sensed at the surface of the Work Area;

Examples of Unlocatable Buried Assets include, but are not limited to, the following:
g. pipes, cables and conduits whose depth of burial is too great to create and/or overlain by or in proximity to metallic material which results in signal distortion thus preventing physically measurable signals at the surface or where burial material interferes with current generation and signal emissions;
h. normally Locatable Buried Assets situated in, or emerging from, an area which is an Inaccessible Area; (see paragraph 29)
i. normally Locatable Buried Assets with a break or breaks to the electrical continuity of any metallic pipe, cable or tracer wire (i.e. segmented lengths, corroded connections, sections of plastic repair, etc.);
j. non-metallic pipe, cable and conduits which do not have a continuous and/or accessible associated tracer wire;
k. the host material is opaque to radio waves;
l. Buried Assets that are normally characterized as Locatable become Unlocatable when either ambient interfering electromagnetic fields or the material surrounding and/or enclosing and/or above the Buried Asset disrupt the energizing current or the normal operation of the sensing instrument.

20. Instruments used to locate Buried Liabilities use a variety of approaches to detect and infer the location of the Buried Liability. Magnetometers detect the distortion in the local magnetic field induced by the presence of some types of Buried Liabilities. GPR (Ground Penetrating radar) techniques depend on the transmission of radio waves into the host material and detection of waves reflected back from the Buried Liability. In some cases the lack of reflected GPR signal can be a Buried Liability indicator. Electromagnetic induction methods use electromagnetic induction to induce current flow in the subsurface and detect the resulting magnetic fields that are associated with these induced currents to identify Buried Liabilities. Electrical resistivity measurements use direct connect to pass current through host material and map out distortions in the current flow to indicate changes in the subsurface that may indicate the presence of Buried Liabilities. For the purposes of this estimate, Locatable Buried Liabilities are normally characterized as those features that will create a discernable change to the response of the measuring instrument and which differ in character from the background surrounding environment (that is, the features create an Anomalous Response) when industry best practices are followed.
21. The Client acknowledges that the laws of fundamental physics apply and that equipment is subject to measurement distortions that are site specific resulting in limited precision when determining positional coordinates. multiVIEW will use best-practice procedures but is not responsible for determining the location of Buried Assets or Buried Liabilities to an accuracy better that what is typical of normal locate instruments.
22. Determination of type composition, depth or size of the Buried Assets or Buried Liabilities is not possible and does not constitute part of this service. Identification of the type (i.e. gas, electric, communications, etc) of a specific Buried Asset is not technically possible except by visual surface appurtenance or excavation and visual exposure of the Buried Asset. Inferences that may be drawn by correlation with records and as-built drawings may be offered but such inferences are provided on a best effort basis with no guarantee of correctness.
23. Client acknowledges the critical nature of having access to energize Buried Assets to enable locating and assumes full responsibility for identifying and providing access (including provision of licensed plumbing, electrical or confined space entry personnel if required and which adhere to multiVIEW health and safety procedures) to any and all points necessary for the energization of the Buried Assets. multiVIEW accepts no responsibility for locating any Buried Asset for which access and/or appropriate workplace safety measures are not provided.
24. Individual Locatable Buried Assets are deemed Unlocatable Buried Assets where there are numerous Buried Assets clustered together either vertically and/or horizontally (“Clustered Utilities”) making identification of individual elements physically impossible. multiVIEW is not responsible for identifying the individual Buried Assets in such situations.
25. Non-metallic pipe and cable (i.e. fibre-optic systems, etc.) are Unlocatable Buried Assets for standard cable locating instruments unless either an unbroken tracer wire or continuous metallic sheathing surrounding such buried plant is easily accessible from the surface. The Client must provide direct and simple access to every traceable wire or continuous metallic sheathing. Otherwise, multiVIEW accepts neither liability nor responsibility for locating such features since they are deemed Unlocatable
26. Non-metallic pipe and conduits (i.e. plastic, concrete, asbestos, clay, etc.) under pressure (i.e. water, gas, forcemain systems, etc.) are Unlocatable Buried Assets for standard cable locating instruments unless an unbroken tracer wire is attached to the pipe and this tracer wire is easily accessible from the surface. The Client must provide direct and simple access to every traceable wire.
27. Non-pressurized, non-metallic (i.e. plastic, concrete, asbestos, clay, etc.) conduits or pipe (i.e. sewers, drains, empty ducts, etc.) are Unlocatable Buried Assets unless a transmitting sonde can be inserted throughout the full length of the pipe or conduit. It is the responsibility of the Client to identify and provide direct access (including provision of licensed plumbing, electrical or confined space entry personnel if required) to any and all access points for such lines. multiVIEW accepts no responsibility for locating such lines where the Client does not provide access and/or appropriate workplace safety measures.
28. Any Buried Asset incapable of generating a reflected radar wave detectable by a GPR instrument is an Unlocatable Buried Assets.
29. All or part of a Work Area is defined as an Inaccessible Area when inaccessible for surveying Inaccessible Areas include the following: those covered by a structure or object (i.e. buildings, vehicles, debris, stockpiled snow, building materials, etc.); those covered by open water; those covered by woods, vegetation, or snow too thick to permit easy walking; those where the surface terrain slopes steeper than 1:2; those covered by snow; and, those where the safety of the operator is jeopardized (i.e. unstable footing, environmental hazards, uncontrolled roads, etc.). The final decision for defining an area as an Inaccessible Area rests with the multiVIEW Health & Safety Officer.

Liability Limitations

30. Location and mapping services, marks, reports and results provided by multiVIEW cannot substitute as a legally defined Buried Asset location in jurisdiction where government regulation dictates that the Buried Asset owner is solely responsible for identifying and locating their own Buried Assets. In cases where multiVIEW is legally authorized to act on behalf of the Buried Asset owner to locate the owner’s Buried Assets, any results provided by multiVIEW will clearly identify that the Buried Asset location is legally authorized on all records, documents, and reports.
31. The Client must provide all known maps of private underground utilities and structures within the Work Area. multiVIEW will verify location of existing private utilities and structures as shown on these drawings on a best effort basis. multiVIEW will not be liable for any subsequent damages for failing to designate any underground utilities or structures which were not indicated on the Client provided drawings at the time of, or prior to, the provision of this service.
32. multiVIEW’s markings of Buried Asset or Buried Liability locations are provided as information to be input into the Client’s decision making process and the provision of this information does not relieve the Client, or any other person, party, or corporation, from liability for damages for personal injury including death, or for property damage or liability caused to or from any Buried Asset or Buried Liability, within the Work Area.
33. Cables carrying DC voltages and/or small diameter cables (i.e. fire alarm or security systems, remote signal cables, inaccessible tracer wire, perfectly balanced AC cables, etc.) can only be detected by methods which create electrical currents and signals in the cables. Where a sensitive or dangerous connection is involved, the Client must provide qualified personnel to isolate and enable direct access to these systems. The Client is responsible for defining the impact of locating signals on sensitive electronics. multiVIEW accepts no responsibility for any damage to plant, or any third party, caused by locating signals. Technical information about locating signals is available from multiVIEW upon request.
34. multiVIEW is not liable for damages resulting from physical exposure of any Buried Assets or Buried Liability by the Client, its representatives, their sub-contractors or any other person or corporation.
35. multiVIEW will not accept any liability regarding inaccurate estimates of utility depth secured only by electronic means since multiVIEW recommends exposure of any such issues by vacuum excavating if any such depth information is critical to the design, engineering or construction of subsequent infrastructure.
36. multiVIEW accepts no responsibility and is not liable for damages suffered by any third party as a result of decisions or actions based on the performance of the statement of work by multiVIEW.
37. multiVIEW accepts no responsibility and is not liable for conduit blockage, or restoration of the site to pre-survey conditions, as a result of survey practices needed to fulfill the objectives of the Service provided.
38. The completeness of work carried out by multiVIEW is based on information provided by the Client at or prior to the earlier of the time of issuance of this Estimate. If the scope work or size and/or extent of the Work Area changes, a signed Change Order must be issued so that scope of work can be adjusted to address Client requirement changes. Documents and maps provided by multiVIEW are the definitive means legally defining the extent of the Work Area investigated.
39. multiVIEW accepts no responsibility for locating Buried Assets or Buried Liabilities outside the limit of the Work Area or in the Inaccessible Areas.
40. Except as written in this contract, multiVIEW disclaims any and all promises, representations, warranties and covenants, express, implied, statutory or otherwise.
41. multiVIEW shall not be liable for any amount in excess of the fees paid by the Client to multiVIEW for the work described in this estimate on account of any loss, injury, death, or damage whether resulting directly or indirectly to a person or property irrespective of the cause or origin of such loss, injury, death or damage including, without limitation, loss, injury, death or damage attributable to the negligence of multiVIEW, its employees and agents in the performance or non-performance of the Service.
42. In any action, claim, loss or damage arising out of the work for which this estimate is provided, the Client agrees that multiVIEW Locates Inc.’s liability will be ‘several’ and not ‘joint and several’ and the Client may only claim payment from multiVIEW Locates Inc of multiVIEW Locates Inc.’s proportionate share of the total liability based on degree of fault. Any action against multiVIEW Locates Inc must be commenced on or before the date which is the earlier of: i) eighteen months from the date on which the work in this estimate is completed and, ii) the date by which an action must be commenced under any applicable legislation other than limitation legislation. In no event shall multiVIEW Locates Inc be liable to the Client whether the claim be in tort, contract or otherwise, for an amount in excess of the fees paid by the Company for the services work provided. In no event shall multiVIEW Locates Inc be liable to the Client, whether a claim be in tort, contract or otherwise for any consequential, indirect, lost profit or similar damages, or failure to realize expected savings. multiVIEW Locates Inc will use all reasonable efforts to complete within any agreed upon timeframe the performance of the services described herein; however, multiVIEW Locates Inc shall not be liable for failures or delays in performance that arise from causes beyond its control, including the untimely performance or non-performance by the Client of its obligations.
Insurance
43. multiVIEW Locates Inc. is covered by the Workers’ Safety Insurance Board of Ontario and carries the following insurance:
Bodily Injury, Property Damage & General Liability 5,000,000 each occurrence Aggregate & inclusive Fleet & Non-Owned Auto 2,000,000 each occurrence Aggregate & inclusive. Professional Errors & Omissions 5,000,000 each occurrence Aggregate & inclusive
44. Certificates of documentation are available upon request.
45. multiVIEW Locates Inc. may procure additional insurance if requested by the Client and the costs for such additional insurance will be charged to the client.

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