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Phase I And Phase Ii Environmental Site Assessments
"I need a Phase I and Phase II Environmental Site Assessment agreement for a manufacturing facility acquisition in Ontario, with completion required by March 2025, and special attention to historical industrial use and groundwater testing."
1. Parties: Identification of the environmental consultant and the client
2. Background: Context of the assessment, including property details and purpose of the assessment
3. Definitions: Key terms used throughout the agreement, including technical terminology specific to environmental assessments
4. Scope of Services: Detailed description of Phase I and Phase II ESA services to be provided
5. Professional Standards: Reference to applicable standards and methodologies (CSA Z768-01 and Z769-00)
6. Timeline and Deliverables: Schedule for completion of each phase and description of deliverable reports
7. Fees and Payment Terms: Compensation structure, payment schedule, and additional costs
8. Access to Property: Requirements and conditions for accessing the subject property
9. Consultant's Obligations: Specific responsibilities of the environmental consultant
10. Client's Obligations: Responsibilities of the client, including provision of information and site access
11. Confidentiality: Protection of confidential information and findings
12. Liability and Insurance: Limitation of liability and insurance requirements
13. Termination: Conditions and process for terminating the agreement
1. Phase II Triggering Conditions: Used when parties want to specify exact conditions that would necessitate proceeding to Phase II
2. Hazardous Materials Handling: Include when Phase II assessment may involve handling of hazardous materials
3. Subcontractor Requirements: Include when portions of the work may be subcontracted
4. Regulatory Reporting Obligations: Include when there are specific regulatory reporting requirements
5. Site Restoration: Include when Phase II investigation requires intrusive testing
6. Third-Party Reliance: Include when report may be relied upon by specified third parties
7. Dispute Resolution: Include when parties want specific dispute resolution procedures
1. Schedule A - Property Description: Detailed description of the subject property, including legal description and site plans
2. Schedule B - Scope of Phase I ESA: Detailed methodology and requirements for Phase I assessment
3. Schedule C - Scope of Phase II ESA: Detailed methodology and requirements for Phase II assessment
4. Schedule D - Fee Schedule: Detailed breakdown of fees for both phases
5. Schedule E - Required Documentation: List of documents to be provided by client
6. Appendix 1 - Investigation Locations: Maps and descriptions of proposed sampling locations for Phase II
7. Appendix 2 - Testing Parameters: List of contaminants and parameters to be tested
8. Appendix 3 - Insurance Certificates: Copies of required insurance certificates
9. Appendix 4 - Project Team: Key personnel and their qualifications
Authors
Real Estate
Commercial Property
Industrial Manufacturing
Mining
Oil and Gas
Banking and Finance
Construction
Infrastructure
Healthcare
Retail
Education
Hospitality
Agriculture
Transportation
Waste Management
Legal
Environmental Health and Safety
Real Estate
Facilities Management
Risk Management
Compliance
Property Development
Operations
Sustainability
Due Diligence
Asset Management
Project Management
Environmental Manager
Real Estate Developer
Property Manager
Environmental Engineer
Risk Manager
Facility Manager
Development Director
Sustainability Officer
Legal Counsel
Compliance Officer
Project Manager
Due Diligence Manager
Environmental Health and Safety Director
Asset Manager
Acquisition Manager
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