Legal

The following provisions govern your use of Providence Holding, Inc.’s ("Providence") website and the materials accessible on or from this site. By accessing this website, you acknowledge acceptance of these provisions. Providence may revise these provisions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance.

1. No Representations and Warranties. While Providence attempts to make sure that only accurate and up-to-date information is presented on this website, Providence disclaims all responsibility for, and makes no representations or warranties with respect to, the accuracy of any information presented here. Therefore, all materials and information are presented "AS IS," and Providence expressly disclaims all implied or express warranties, including those of merchantability, fitness for a particular purpose, or non-infringement of intellectual property relating to such material and information. In no event shall Providence be liable for any damages whatsoever, including direct, special, punitive, indirect, consequential, or incidental damages, loss of profits or revenues, even if Providence has been advised of the possibility of such damages arising from or relating in any way to access of this website.
2. Intellectual Property. The trademarks, service marks, trade names, logos, and other indications of origin displayed on this website ("Trademarks") are owned by Providence. Nothing contained herein should be construed as granting the browser or user of this website the right to use any Trademarks displayed on this website without the prior written permission of Providence.
3. Links to Third Party Site. This website may contain links to third party sites. Access to any other internet site linked to this website is at the user's own risk and Providence is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Providence provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
4. Limitations of Damages. IN NO EVENT SHALL PROVIDENCE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF PROVIDENCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Privacy. Providence recognizes and respects the privacy of users of this website. When you choose to provide us with information about yourself, Providence will act in a responsible manner. Providence may store and disclose such personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable to (i) protect the rights, safety or property of Providence or others and (ii) conform to legal or regulatory requirements.
6. International Users and Choice of Law. Providence makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of U. S. export laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all applicable laws. This Agreement is governed by the laws of the Louisiana, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between Providence and you with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

1. Services. This Agreement is entered into between Client (“Client”) and Providence Engineering and Environmental Group LLC (“Consultant”) wherein Client engages Consultant to provide professional services (“Services”) in connection with the project described in the proposal (“Project”) to which these General Terms and Conditions are attached. Client agrees that services not specifically described in the Scope of Services identified in Consultant’s proposal are not included in the Scope of Services described by Consultant. This Agreement, including the proposal, any proposal revisions, and Rate Schedule, represents the entire Agreement between the parties and supersedes any and all agreements between the parties, either oral or in writing. Consultant’s proposal cost estimates are valid for thirty (30) days.

2. Compensation. Client shall pay for services in connection with the Project at the rates specified by Consultant in this Agreement “Rate Schedule.” Consultant strives to provide competitive rates and services to Client in the most cost-effective manner. Client acknowledges that the rates listed on the Rate Schedule will automatically be updated on an annual basis with the understanding that every rate is individually analyzed to determine what, if any, annual increases are necessary and are subject to change due to fluctuations in market and economic conditions.

3. Payment. Consultant shall submit invoices not more frequently than once every two weeks, setting forth the nature and time spent in the performance of services rendered, along with such records, receipts, or other evidence of payment for items for which reimbursement is requested by Consultant from Client. Client has fifteen (15) days upon receipt to notify Consultant of any invoicing disputes otherwise payment shall be made by Client within thirty (30) days from the date of such invoice.

4. Work Product. Services provided under this Agreement, including all reports, information, recommendations, or opinions (“Reports”) prepared or issued by Consultant, are for the exclusive use and benefit of Client or its agents in connection with the Project, are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project. Client will not distribute or convey such Reports to any other persons or entities without Consultant’s prior written consent which shall include a release of Consultant from liability and indemnification by the third party. Consultant’s Reports, boring logs, maps, field data, drawings, test results and other work products are part of Consultant’s professional services, do not constitute goods or products, and are copyrighted works of Consultant. However, such copyright is not intended to limit the Client’s use of its work product in connection with the Project.

5. Confidentiality. Client shall only utilize information received from Consultant for the purpose of providing the services contemplated under this Agreement. Client shall not divulge, directly or indirectly, any information acquired by Client from Consultant in the performance of this Agreement to any third party without the express written consent of Consultant. Any demand for such information shall be forwarded to Consultant within forty-eight (48) hours of receipt of such demand by Client.

6. Standard of Care. Consultant will strive to perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant’s profession practicing in the same locality under similar circumstances at the time the services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied.

7. Limitation of Liability. Consultant’s potential liability to Client and others is grossly disproportionate to Consultant’s fee due to the size, scope, and value of the Project. Therefore, unless Client and Consultant otherwise agree in writing in consideration for an increase in Consultant’s fee, Client, including its directors, officers, partners, employees, agents, contractors and their respective assigns, agree to limit Consultant’s liability (whether arising from contract, statutory violation or tort) to the amount of Consultant’s fee. This limitation of liability shall apply to all phases of Services performed in connection with this Project, whether subsequent to or prior to the execution of this Agreement. In no event shall Consultant be liable for consequential, incidental, or special damages. 

8. Samples. All samples shall remain the property of the Client. Client shall promptly, at its cost, remove and lawfully dispose of samples, cuttings and hazardous materials. Consultant shall preserve samples obtained no longer than sixty (60) days after the issuance of any document that includes the data obtained from those samples, unless otherwise agreed to by the parties. After that date, Consultant may dispose of the samples or return them to Client at Client’s cost.

9. Client Responsibilities. Client shall bear sole responsibility for (a) jobsite safety; (b) notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project site; and (c) providing and updating Consultant with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed Project site uses, the correct location of Project property boundaries, any change in Project plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project site. Client shall cooperate with all requests by Consultant, including obtaining permission for access to the Project site. Client releases Consultant from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Consultant shall immediately stop work in the affected area and report the condition to Client.

10. Suspension and/or Cancellation. Should either Party be unable to fulfill its obligations under this Agreement in a timely and professional manner, the other Party shall have the right to cancel or suspend this Agreement with ten (10) days written notice. Neither Party shall be considered in default hereof should its failure to fulfill its obligations hereunder be the result of forces beyond that Party’s control.

11. Indemnification. To the fullest extent permitted by law, Client, including its directors, officers, partners, employees, agents, contractors and their respective assigns, agrees to indemnify, defend, and hold harmless Consultant, its directors, officers, employees and subcontractors from and against all claims, liability, damages, or expenses (“Claims”) arising out of, in connection with or relating to any alleged act, failure to act, or other conduct of Client, including but not limited to, Claims alleging the negligence or other fault of Client, but specifically claims arising out of Client’s sole negligence or willful misconduct. Client shall indemnify and defend Consultant against such claims even if Client is partially or wholly without fault for such Claims.

12. Changed Conditions. If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Consultant at the commencement of this Agreement, Consultant shall notify Client of the newly discovered conditions or circumstances, and Client and Consultant shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination.

13. Governing Law. The provisions of this Agreement and any documents that will be delivered pursuant hereto shall be governed by and construed in accordance with the laws of the State of Louisiana. If any term is deemed unenforceable, the remainder of the Agreement shall stay in full force and effect.

14. Additional Provisions. Neither Party may assign its interest in this Agreement without the prior written consent of the other. Any modification to this Agreement will be effective only if it is in writing signed by the Party to be bound, except that if Consultant has performed services in reliance on Client’s verbal approval to proceed, Client shall be bound by such verbal approval. One or more waivers of any term, condition or covenant by either Party shall not be construed as a waiver of any other term, condition or covenant. Consultant may elect to subcontract portions of the Services to a qualified subcontractor, but this does not relieve the Consultant from any obligations of the Agreement hereof.

15. Equal Opportunity. To the extent applicable, all parties agree that they will abide by the provisions 29 CFR Part 471 Appendix A to Subpart A. Additionally, this Client and Consultant shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.

1. Scope of Work.  This Agreement is entered into between Subcontractor and Company, its affiliates, and/or subsidiaries (herein after collectively referred to as “Company”) wherein Company engages Subcontractor to provide certain services and/or products (“Work”) in connection with the Work described in Company’s Work Order (“Project”) to which these General Terms and Conditions are attached thereto. Subcontractor is defined as the entity set forth per the applicable Work Order. Company is defined as Providence Engineering and Environmental Group LLC. Subcontractor agrees that Work not specifically described or identified in a Work Order are not included in the Scope of Work herein. These Terms and Conditions, including the Work Order and agreed upon rates, represents the entire Agreement between the parties and supersedes any and all agreements between the parties, either oral or in writing.
    
2. Compensation and Payment.  Company shall pay Subcontractor for Work in connection with this Agreement at the rates specified in the Work Order. Subcontractor shall submit detailed written invoice to Company by the fifth (5th) day of each month, setting forth the nature and time spent in the performance of Work rendered in the previous month, along with such records, receipts, or other evidence of payment for items for which reimbursement is requested by Subcontractor from Company. Company shall only pay for Services set forth in the scope of the Work. Any additional services require approval in writing from Company. If the additional services are not approved in writing, all work performed outside the Scope of the Work will be at no cost to Company and at sole risk to Subcontractor. Additionally, Subcontractor agrees to be paid if Company is paid by Client. Client’s payment to the Company is a condition precedent to payment of Subcontractor; and the Subcontractor is to bear the risk of the Client’s nonpayment. Company shall pay Subcontractor within 20 days of receipt of payment form Client.
    
3. Time of the Essence/Delivery.  Subcontractor acknowledges and agrees that the time or times of performance of services and/or delivery of supplies provided pursuant to this Agreement and/or the Prime Contract are of the essence and the timely performance of all such obligations is strictly required. Unless otherwise agreed to in writing, if performance of services and/or delivery of supplies is not accomplished in accordance with the terms and conditions of this Agreement, Work Offer and/or the Prime Contract, Company reserves the right, without liability and in addition to its other rights and remedies, to terminate this Agreement by notice effective immediately upon receipt by Subcontractor and to arrange for completion of performance and/or to purchase substitute products elsewhere and charge Subcontractor with any loss incurred including, but not limited to, any difference between the Subcontractor’s price for the product(s) and the price of the substitute product(s).
    
4. Intellectual Property.  Intellectual property rights, including copyrights, trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to Company under this Agreement or prepared by or on behalf of the Subcontractor in the course of performing the Services (collectively, the "Deliverables") shall be owned exclusively by Company. Subcontractor agrees and shall cause its employees and permitted subcontractors to agree, that with respect to any Deliverables that may qualify as "work made for hire" as defined in 17 U.S.C. §101, such Deliverables are hereby deemed a "work made for hire" for Company. To the extent that any of the Deliverables do not constitute a "work made for hire," Subcontractor hereby irrevocably assigns, and shall cause the Subcontractor Personnel to irrevocably assign to Company, in each case without additional consideration, all right, title and interest throughout the world in and to the Deliverables, including all Intellectual Property Rights therein.
    
5. Work Product.  Subcontractor acknowledges and agrees that all tangible work product prepared by Subcontractor under this Agreement, including with limitation, drawings, data, models and specifications, computer programs (owned by Company or developed by the Subcontractor for Company) shall at all times belong to Company and may be used by Company for any purpose, without fee. Subcontractor also acknowledges that all right, title and interest in and to the work product is the sole and exclusive property of Company. Work product is defined as any inventions or discoveries (invented or conceived by Vendor) during the performance of the data, software, graphics, designs, notes, ideas, know-how, concepts, and processes.
    
6. Confidentiality.  Subcontractor shall only utilize information received from Company for the purpose of providing the Work contemplated under this Agreement. Subcontractor shall not divulge, directly or indirectly, any information acquired by Subcontractor from Company in the performance of this Agreement to any third party without the express written consent of Company. Any demand for such information shall be forwarded to Company within forty-eight (48) hours of receipt of such demand by Subcontractor.
    
7. Standard of Care.  Subcontractor warrants that it shall perform Work under this Agreement with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by its profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, plans, information, and other items and services supplied under this Agreement. Subcontractor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in performing the Work. If Subcontractor’s Work fails to meet applicable professional standards and conform to the warranty herein, Subcontractor shall without additional compensation correct or revise any errors or deficiencies in its reports, supplies and other items or services. The duties and obligations under this section shall not be deemed waived or released by Company’s payment, inspection, or approval of any portion of the work.
    
8. Subcontractor’s Responsibilities.  To the extent applicable, Subcontractor shall bear sole responsibility for (a) jobsite safety; (b) notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project site; and (c) providing and updating Company with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed Project site uses, the correct location of Project property boundaries, any change in Project plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project site. Subcontractor shall cooperate with all requests by Company, including obtaining permission for access to the Project site. Subcontractor releases Company from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Subcontractor or others. 
    
9. Samples.  To the extent applicable, all samples shall remain the property of the Subcontractor. Subcontractor shall promptly, at its cost, remove and lawfully dispose of samples, cuttings, and hazardous materials. Company shall preserve samples obtained no longer than sixty (60) days after the issuance of any document that includes the data obtained from those samples, unless otherwise agreed to by the parties. After that date, Company may dispose of the samples or return them to Subcontractor at Subcontractor’s cost.
    
10. Independent Subcontractor Status.  The Work to be rendered under this Agreement is that of an independent Subcontractor. Subcontractor is not to be considered an agent or employee of Company for any purpose, and neither Subcontractor nor any of Subcontractor’s agents or employees are entitled to any of the benefits that Company provides for its employees. Company is interested only in the results to be achieved and Subcontractor will be solely and entirely responsible for its acts and for the acts of its agents or employees during the performance of this Agreement. If Subcontractor  is providing personal services as an individual, Subcontractor: (1) is engaged as an independent subcontractor and will be responsible for any Federal or State taxes applicable to this payment; (2) will not be eligible for any Federal Social Security, State Workers' Compensation, or unemployment insurance; (3) is not an officer, employee, or agent of the Company and will not be under the direction and control of Company; (4) is not currently employed by the Federal Government and the amount charged does not exceed the normal charge for the type of service provided if payment is to be charged against Federal funds; and (5) must furnish Form CO-477 in duplicate with this Agreement if Subcontractor is a non-resident alien and claims exemption from Federal withholding tax. It is understood that Company does not agree to use Subcontractor exclusively. It is further understood that it is free to contract for similar Work to be performed for others while under contract with Company. Solely for the purposes of any workers’ compensation law that might be applicable to the personnel involved in performance of this Agreement, Company herein shall be considered the “statutory employer” of Subcontractor’s employees, agents, or subcontractors, as that term is defined under appropriate workers’ compensation law or to the fullest extent permitted by LA-R.S. 23: 106, as amended. Nothing in this Section negates any other provision of this Agreement that addresses the independent subcontractor status of Subcontractor its employees; agents, or subcontractors, nor means that Company or any of its Affiliates shall be the “employer” of Subcontractor’s employees, agents, or subcontractors for any other purpose.
     
11. Suspension and/or Cancellation.  Should Subcontractor be unable to fulfill its obligations under this Agreement in a timely and professional manner, Company shall have the right to cancel or suspend this Agreement with ten (10) days written notice. 
     
12. Indemnification.  To the fullest extent permitted by law, Subcontractor, including its directors, officers, partners, employees, agents, subcontractors and their respective assigns, agrees to indemnify, defend, and hold harmless Company, its directors, officers, employees and subcontractors from and against all claims, liability, damages, or expenses of any kind, including reasonable attorney’s fees, (“Claims”) arising out of, in connection with or relating to any alleged act, failure to act, or other conduct of Subcontractor, its officers, directors, employees, subcontractors or agents, or any breach of the duties and responsibilities under this Agreement. This obligation shall include, but not be limited to, injury or death of any person or damage to or loss or destruction of property. Subcontractor shall indemnify and defend Company against such claims even if Company is partially or wholly without fault for such Claims.
     
13. Environmental Liability.  Subcontractor shall indemnify Company for any environmental liability or adverse effects related to contamination that may be discovered during environmental investigation activities conducted under this Contract at Company’s facilities or property which was caused, either directly or indirectly, by current or past operations at the facility or property by the Subcontractor. Further, Subcontractor shall be responsible for such environmental liability that may be discovered from investigations performed under this Agreement.
     
14. Insurance.  Subcontractor shall carry commercial general liability insurance, professional liability insurance, and auto liability insurance with limits of $1,000,000 single incident and $2,000,000 aggregate, respectively, and worker’s compensation insurance in the limits required by Louisiana law. Subcontractor shall name Company as “additional insured” and waive subrogation in favor of Company on all policies required herein. Subcontractor shall furnish Company a current Certificate of Insurance for each of the policies and coverages enumerated hereunder.
     
15. Changed Conditions.  If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Subcontractor at the commencement of this Agreement, Subcontractor shall notify Company of the newly discovered conditions or circumstances, and the Parties shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Company may terminate this Agreement and Subcontractor shall be paid for its Work through the date of termination.
     
16. Flow-Down Provision.  Subcontractor acknowledges that its participation in the Work may be contingent upon its acceptance of additional provisions found in Company’s Prime Contract with Client, and Subcontractor agrees to be bound to the same extent as Company is bound with its Prime Contract. Subcontractor acknowledges that job-specific communication with Client is the responsibility of Company and Subcontractor will not initiate job-specific communication, written or verbal, with Client unless directed to do so by Company.
     
17. Governing Law.  The provisions of this Agreement and any documents that will be delivered pursuant hereto shall be governed by and construed in accordance with the laws of the State of Louisiana. If any term is deemed unenforceable, the remainder of the Agreement shall stay in full force and effect.
     
18. Submission to Jurisdiction.  Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Louisiana in each case located in the City of Baton Rouge and Parish of East Baton Rouge Parish, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
     
19. Severability.  If any provision or portion of this Agreement is declared by a court of competent jurisdiction to be illegal and/or unenforceable, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid.
     
20. Limitation of Liability.  Nothing in this Agreement shall exclude or limit (a) Subcontractor's liability under Section 4, Section 6, Section 11, and Section 12 hereof, or (b) Subcontractor's liability for fraud, personal injury or death caused by its negligence or willful misconduct.
     
21. Safety.  Subcontractor shall become familiar with, adhere to, and strictly enforce all rules and regulations established for the project site(s) by Company and/or Client. Subcontractor certifies that it possesses the federal, state, and local permits, licenses, and certifications necessary to practice in the state in which the Work is to be performed and shall perform the Work in a manner consistent with all applicable regulatory and industry standards. Subcontractor understands and acknowledges the potential for contact with hazardous waste or materials in the Scope of Work and certifies that its employees who are to be engaged in the Work have completed health and safety training courses as specified by the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), and respective Chapters 29 and 40 of the Code of Federal Regulations (CFR). Subcontractor shall additionally assure its compliance with Company's/Client's health and safety policies and procedures, site-specific health and safety plans, or other health and safety rules specified for the Work.
     
22. Headings.  The headings of the paragraphs and sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
     
23. Cumulative Remedies.  The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
     
24. Assignment.  Subcontractor shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Company. Any purported assignment or delegation in violation of this Section is null and void. NO assignment or delegation relieves Subcontractor of any of its obligations under this Agreement.
     
25. Waiver.  No waiver by Subcontractor of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Subcontractor. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.


26. Survival.  Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein will survive the expiration or earlier termination of this Agreement for a period of 24 months after such expiration or termination; and (b) Sections 6, 12, 14, 16, 17, 18 and 26 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of this Agreement for the period specified therein. The term of this Agreement shall coincide with the term set forth in the applicable work order.
     
27. Regulations.  If Subcontractor is in the business of transporting waste or hazardous materials, it warrants and certifies it has all necessary licenses and permits to perform such services and agrees to comply with all applicable laws and regulations including all Department of Transportation (“DOT”) regulations. Subcontractor agrees to indemnify and hold harmless Company and/or Company’s Client against any and all claims, losses, damages (including attorney’s fees, consequential, compensatory, indirect, exemplary and punitive damages), physical or bodily injury or death resulting from Subcontractor’s breach of its obligations under this paragraph including violations of applicable laws and regulations.
     
28. Additional Compliance.  To the extent that Work pursuant to this Agreement requires sampling, boring, excavation, ditching or other disruptions of the soil or subsurface of the Work site, Subcontractor shall confer with Company (and others, in Subcontractor’s discretion and at its expense) prior to such activity and be responsible for making the appropriate one-call notification and for identifying, locating and marking, as necessary, any subterranean structures or utilities (“Underground Facilities”). Thereafter, Subcontractor shall take all reasonable precautions to avoid damage or injury to Underground Facilities which were or reasonably should have been discovered by Subcontractor in the course of its Work. Subcontractor will be liable for all costs and claims resulting from damage to the Underground Facilities arising out of the Work, if they were or reasonably should have been identified by Subcontractor.
     
29. Additional Provisions.  Any modification to this Agreement will be effective only if it is in writing signed by both Parties.

LA #2504 (ENGINEERING)                                               LA #0648 (SURVEYING)                                                
TX #9515 (ENGINEERING)                                              TX #10194640 (SURVEYING)       TX #50454 (GEOSCIENCE)                          
MS #E-32757 (ENGINEERING)                                        MS #31408 (SURVEYING) 
TN #9573 (ENGINEERING) 
AR #3658 (ENGINEERING)
OK #5578 (ENGINEERING)
IL #184-008580 (ENGINEERING)                                     
WV #C06500-00 (ENGINEERING)
WY #E-2449 (ENGINEERING)
CO # N/A (ENGINEERING)  
AL #ECA3876 (ENGINEERING) 
MO #2023008208 (ENGINEERING)
GA #PEF008407 (ENGINEERING) 
NE #CA-5044 (ENGINEERING)
KS #E-2561 (ENGINEERING)  
UT #N/A (ENGINEERING) 
FL #36218 (ENGINEERING) 
MN #1094 (ENGINEERING)
PA #0013726024 (ENGINEERING) 
IA #N/A (ENGINEERING) 
AZ #25655-0 (ENGINEERING) 

Know Your Rights: Workplace Discrimination is Illegal

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help. 

Who is Protected?                                                             

• Employees (current and former), including managers and temporary employees
• Job applicants
• Union members and applicants for membership in a union

What Organizations are Covered? 

• Most private employers
• State and local governments (as employers)
• Educational institutions (as employers)
• Unions
• Staffing agencies

What Types of Employment Discrimination are Illegal?

Under the EEOC’s laws, an employer may not discriminate against you, regardless of your immigration status, on the bases of:

• Race
• Color
• Religion
• National origin
• Sex (including pregnancy, childbirth, and related medical conditions, sexual orientation, or gender identity)
• Age (40 and older)
• Disability
• Genetic information (including employer requests for, or purchase, use, or disclosure of genetic tests, genetic services, or family medical history)
• Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding
• Interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation

What Employment Practices can be Challenged as Discriminatory?

All aspects of employment, including:

• Discharge, firing, or lay-off 
• Harassment (including unwelcome verbal or physical conduct)
• Hiring or promotion
• Assignment
• Pay (unequal wages or compensation)
• Failure to provide reasonable accommodation for a disability; pregnancy, childbirth, or related medical condition; or a sincerely-held religious belief, observance or practice
• Benefits
• Job training
• Classification
• Referral      
• Obtaining or disclosing genetic information of employees genetic information of employees
• Requesting or disclosing medical information of employees
• Conduct that might reasonably discourage someone from opposing discrimination, filing a charge, or participating in an investigation or proceeding
• Conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation

What can You Do if You Believe Discrimination has Occurred?

Contact the EEOC promptly if you suspect discrimination. Do not delay, because there are strict time limits for filing a charge of discrimination (180 or 300 days, depending on where you live/work). You can reach the EEOC in any of the following ways:

• Submit an inquiry through the EEOC’s public portal: https://publicportal.eeoc.gov/Portal/Login.aspx
• Call 1–800–669–4000 (toll free) 1–800–669–6820 (TTY)
• 1–844–234–5122 (ASL video phone)
• Visit an EEOC field office (information at www.eeoc.gov/field-office)
• E-Mail [email protected]

Additional information about the EEOC, including information about filing a charge of discrimination, is available at www.eeoc.gov.

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS 

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) enforces the nondiscrimination and affirmative action commitments of companies doing business with the Federal Government. If you are applying for a job with, or are an employee of, a company with a Federal contract or subcontract, you are protected under Federal law from discrimination on the following bases:

• Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National Origin  Executive Order 11246, as amended, prohibits employment discrimination by Federal contractors based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.
• Asking About, Disclosing, or Discussing Pay  Executive Order 11246, as amended, protects applicants and employees of Federal contractors from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.
• Disability Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment by Federal contractors. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship to the employer. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.
• Protected Veteran Status  The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination against, and requires affirmative action to recruit, employ, and advance in employment, disabled veterans, recently separated veterans (i.e., within three years of discharge or release from active duty), active duty wartime or campaign badge veterans, or Armed Forces service medal veterans.
• Retaliation  Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination by Federal contractors under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under OFCCP’s authorities should contact the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor at 1–800–397–6251 (toll-free). If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. OFCCP may also be contacted by submitting a question online to OFCCP’s Help Desk at https://ofccphelpdesk.dol.gov/s/, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor and on OFCCP’s “Contact Us” webpage at https://www.dol.gov/agencies/ofccp/contact.

PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE       

• Race, Color, National Origin, Sex  In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal finan- cial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employ- ment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.
• Individuals with Disabilities  Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance. 

PAY TRANSPARENCY NONDISCRIMINATION PROVISION

The contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor’s legal duty to furnish information. 41 CFR 60-1.35(c).

If you believe that you have experienced discrimination, contact OFCCP. 1.800.397.6251, TTY 1.877.889.5627, or www.dol.gov/ofccp

Providence Engineering and Environmental Group LLC’s commitment to integrity begins with complying with laws, rules, and regulations where we do business. All Vendors and Suppliers of Providence Engineering and Environmental Group LLC should comply with the applicable law and adhere to the highest standards of professional conduct, honesty, and integrity. At Providence Engineering and Environmental Group LLC, we are committed to conducting our business with integrity, transparency, and respect for fundamental human rights.