Legal

Safety

Safety is Providence's top priority. A safe working environment for our employees is fundamental to our everyday culture.

Employee Responsibility for Safety

Our employees have the following responsibilities for safety, regardless of location or position:

Safety is our business, too!

  • Comply with Providence safety and health policies and procedures
  • Comply with federal, state/provincial, local, client-specific, and site-specific requirements for occupational safety and health
  • Report all accidents, injuries, illnesses, near misses, and unsafe conditions
  • Follow safe work practices
  • Wear appropriate clothing and personal protective equipment as applicable
  • Recognize safety and health hazards and use appropriate safeguards

Providence is proud to announce that our safety manual and procedures have been verified by third-party administrators including: ISNetworld (27 clients and counting), PEC Premier, PICS, and others.

Website Terms Of Use

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.

Client General Terms & Conditions

  1. Services. This Agreement is entered into between Client and Providence Holding, Inc. and its affiliates or subsidiaries (herein after collectively referred to as “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.
  2. Compensation. Client shall pay Contractor for services in connection with the Project at the rates specified by Consultant in this Agreement (“Rate Schedule”) and Client acknowledges that the rates listed on the Rate Schedule are subject to change and agrees that such changes shall act to modify the Rate Schedule under this Agreement immediately upon notification by Consultant to Client of same, unless Client provides Consultant a written objection within ten (10) days upon receipt upon such notification.
  3. Payment. Consultant shall submit monthly invoices, setting forth the nature and time spent in the performance of services rendered in the previous month, 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 Consultant, 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.

Vendor General Terms & Conditions

  1. Scope of Work. This Agreement is entered into between Contractor and Company, its affiliates, and/or subsidiaries (herein after collectively referred to as “Company”) wherein Company engages Contractor 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. Contractor is defined as the entity set forth per the applicable Work Order. Company is defined as the Providence = entity set forth in the applicable Work Order. Contractor 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 Contractor for Work in connection with this Agreement at the rates specified in the Work Order. Contractor shall submit monthly invoices, 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 Contractor 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 Contractor. Additionally, Contractor agrees to be paid if Company is paid by Client. Client’s payment to the Company is a condition precedent to payment of Contractor; and the Contractor is to bear the risk of the Client’s nonpayment. Company shall pay Contractor within 20 days of receipt of payment form Client.
  3. Time of the Essence. Contractor acknowledges that time is of the essence with respect to Service Provider's obligations hereunder and that prompt and timely performance of all such obligations is strictly required.
  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 Contractor in the course of performing the Services (collectively, the "Deliverables") shall be owned exclusively by Company. Contractor 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," Contractor hereby irrevocably assigns, and shall cause the Contractor 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. Confidentiality. Contractor shall only utilize information received from Company for the purpose of providing the Work contemplated under this Agreement. Contractor shall not divulge, directly or indirectly, any information acquired by Contractor 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 Contractor.
  6. Standard of Care. Contractor 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. Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in performing the Work. If Contractor’s Work fails to meet applicable professional standards and conform to the warranty herein, Contractor 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.
  7. Contractor’s Responsibilities. To the extent applicable, Contractor 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. Contractor shall cooperate with all requests by Company, including obtaining permission for access to the Project site. Contractor releases Company from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Contractor or others.
  8. Independent Contractor Status. The Work to be rendered under this Agreement is that of an independent contractor. Contractor is not to be considered an agent or employee of Company for any purpose, and neither Contractor nor any of Contractor’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 Contractor 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 Contractor is providing personal services as an individual, Contractor : (1) is engaged as an independent contractor 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 Contractor is a non-resident alien and claims exemption from Federal withholding tax. It is understood that Company does not agree to use Contractor 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.
  9. Suspension and/or Cancellation. Should Contractor 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.
  10. Indemnification. To the fullest extent permitted by law, Contractor, including its directors, officers, partners, employees, agents, contractors 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 (“Claims”) arising out of, in connection with or relating to any alleged act, failure to act, or other conduct of Contractor, including but not limited to, Claims alleging the negligence or other fault of Company, but specifically claims arising out of Contractor’s sole negligence or willful misconduct. Contractor shall indemnify and defend Company against such claims even if Company is partially or wholly without fault for such Claims.
  11. Insurance. Contractor 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. Contractor shall name Company as “additional insured” and waive subrogation in favor of Company on all policies required herein.
  12. Changed Conditions. If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Contractor at the commencement of this Agreement, Contractor 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 Contractor shall be paid for its Work through the date of termination.
  13. Flow-Down Provision. Contractor 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 Contractor agrees to be bound to the same extent as Company is bound with its Prime Contract. Contractor acknowledges that job-specific communication with Client is the responsibility of Company and Contractor will not initiate job-specific communication, written or verbal, with Client unless directed to do so by Company.
  14. 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.
  15. 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.
  16. 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.
  17. Limitation of Liability. Nothing in this Agreement shall exclude or limit (a) Contractor's liability under Section 4, Section 5, Section 9, and Section 10 hereof, or (b) Contractor's liability for fraud, personal injury or death caused by its negligence or willful misconduct.
  18. Safety. Contractor shall become familiar with, adhere to, and strictly enforce all rules and regulations established for the project site(s) by Company and/or Client. Contractor 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. Contractor 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). Contractor 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.
  19. 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.
  20. 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.
  21. Assignment. Contractor 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 Contractor of any of its obligations under this Agreement.
  22. Waiver. No waiver by Customer of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Customer. 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.
  23. 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 5, 10, 11, 13, 14, 15 and 23 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.
  24. Additional Provisions. Any modification to this Agreement will be effective only if it is in writing signed by both Parties.