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 Vendor and Providence Holding, Inc. and its affiliates or subsidiaries (herein after collectively referred to as “Company”) wherein Company engages Vendor to provide certain services and/or products (“Work”) in connection with the Work described in Vendor’s proposal (“Project”) to which these General Terms and Conditions are attached thereto and mutually agreed upon by both Parties. Vendor agrees that Work not specifically described or identified in Vendor’s proposal are not included in the Scope of Work herein. This Agreement, including the proposal 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 Vendor for Work in connection with this Agreement at the rates specified in Vendor’s proposal. Vendor 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 Vendor from Company. When Work are performed pursuant to a Prime Contract, payment shall be made by Company within twenty (20) days from Company's receipt of funds from Client. When Work are not performed pursuant to a Prime Contract, Company shall pay Vendor within thirty (30) days from Company’s receipt of Vendor’s invoice.
  3. Work Product. Vendor acknowledges and agrees that all tangible work product prepared by Vendor under this Agreement, including with limitation, drawings, data, models and specifications, computer programs (owned by Company or developed by the Vendor for Company shall at all times belong to Company and may be used by Company for any purpose, without fee. Vendor 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.
  4. Confidentiality. Vendor shall only utilize information received from Company for the purpose of providing the Work contemplated under this Agreement. Vendor shall not divulge, directly or indirectly, any information acquired by Vendor 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 Vendor.
  5. Standard of Care. Vendor 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. Vendor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in performing the Work. If Vendor’s Work fails to meet applicable professional standards and conform to the warranty herein, Vendor 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.
  6. Vendor’s Responsibilities. To the extent applicable, Vendor 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. Vendor shall cooperate with all requests by Company, including obtaining permission for access to the Project site. Vendor releases Company from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Vendor or others.
  7. Samples. To the extent applicable, all samples shall remain the property of the Vendor. Vendor 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 Vendor at Vendor’s cost.
  8. Independent Contractor Status. The Work to be rendered under this Agreement is that of an independent contractor. Vendor is not to be considered an agent or employee of Company for any purpose, and neither Vendor nor any of Vendor’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 Vendor 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 Vendor is providing personal services as an individual, Vendor : (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 Vendor is a non-resident alien and claims exemption from Federal withholding tax. It is understood that Company does not agree to use Vendor exclusively. It is further understood that it is free to contract for similar Work to be performed for others while under contract with Company.
  9. Suspension and/or Cancellation. Should Vendor 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. Both Parties shall not be considered in default hereof should its failure to fulfill its obligations hereunder be the result of forces beyond that Party’s control.
  10. Indemnification. To the fullest extent permitted by law, Vendor, 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 Vendor, including but not limited to, Claims alleging the negligence or other fault of Company, but specifically claims arising out of Vendor’s sole negligence or willful misconduct. Vendor shall indemnify and defend Company against such claims even if Company is partially or wholly without fault for such Claims.
  11. Insurance. Vendor shall carry commercial general liability insurance with limits of $1,000,000 single incident and $2,000,000 aggregate and worker’s compensation insurance in the limits required by Louisiana law. Vendor shall name Company as “additional insured” and waive subrogation in favor Company.
  12. Changed Conditions. If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Vendor at the commencement of this Agreement, Vendor 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 Vendor shall be paid for its Work through the date of termination.
  13. Flow-Down Provision. Vendor acknowledges that its participation in the Work may be contingent upon its acceptance of additional provisions, including but not limited to obligations to increase insurance limits or sign non-disclosure agreements, as may be required by the type of work or terms of the Prime Contract, and agrees to comply with such requirements upon request from Company and/or Client(s). Vendor acknowledges that job-specific communication with Client is the responsibility of Company. Vendor will not initiate job-specific communication, written or verbal, with Client unless directed to do so by Company. Any job- specific communication, written or verbal, initiated by Client with Vendor will immediately be discussed by Vendor with Company. Copies of any such written communication and documentation of any such verbal communication will be provided by Vendor to Company within three (3) working days.
  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. 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.
  16. Additional Provisions. Vendor may not assign its interest in this Agreement without the prior written consent by Company. Any modification to this Agreement will be effective only if it is in writing signed by both Parties.