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This Professional Services Agreement (the "Agreement') is made as of the day of September
2017, by and between the City of Columbia Heights with an address of 590 401h Avenue NE, Columbia
Heights, Minnesota 55421 ('Client"), and WSB & Associates, Inc. with offices located at 701 Xenia
Avenue South, Suite 300, Minneapolis, Minnesota 55416 ('Consultant"),
Client and Consultant, for the consideration enumerated herein, do hereby agree as follows:
SECTION I / GENERAL CONTRACT TERMS The following Exhibits are attached hereto and
AND CONDITIONS made a part of this Agreement:
The General Contract Terms and Conditions shall
be as set forth in Exhibit A. X Exhibit A General Contract Provisions
SECTION 21 SCOPE OF WORK X Exhibit B Scope of Work
The scope of work to be performed by Consultant X Exhibit C Compensation
is set forth in Exhibit B, The work and services to X Exhibit D Insurance Schedule
be performed hereunder and described in Exhibit
B shall be referred to herein and in the General X Exhibit E Rate Schedule
Contract Provisions as the 'Project". X Exhibit F Client Responsibilities
SECTION 3 / COMPENSATION
The amount, method and timing for payment to
the Consultant shall be in accordance with Exhibit
C.
B\�,
SfG�
COLUMBIA HEIGHTS, MN 55421
Exhibit G Special Conditions
All references to the "Agreement" in this
Document and the Exhibits shall mean this
Agreement and all of the Exhibits as one
integrated Agreement
SECTION 8 / ACCEPTANCE OF AGREEMENT
Upon written acceptance of this Agreement by
Client, Consultant shall commence the work. The
undersigned hereby accept the terms and
conditions of this agreement and Consultant is
hereby authorized to perform the services
described herein.
ADDRESS.- 701 XENIA AVENUE SOUTH
SUITE 300
fism��e
BY:
StGNATUREI-
TITLE: r, '7cf`
Preesaional Services Agreement 08.01,16 Page 1
EXHIBIT A
GENERAL CONT
ARTICLE I - PERFORMANCE OF THE WORK
Consultant shall perform the services under this Agreement in accordance with the care and skill
ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the
same time and in the locality. Consultant makes no warranties, express or implied, under this
Agreement or otherwise, in connection with its serviceu.
ARTICLE 2- ADDITIONAL SERVICES
If the Client requests that the Consultant perform any services which are beyond the scope as set forth in
the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside
of the thmn. Consultant shall promptly notify the Client of cause and nature of the
additional services required. Upon notification, Consultant shall beentitled toon equitable adjustment in
both compensation and time hoperform.
ARTICLE 3-SCHEDULE
Unless specific periods of time or dates for providing services are specified in a separate Exhibit,
Consultant's obligation to render services hereunder will be for a period which may reasonably be
required for the completion of said services. The Client agrees that Consultant is not responsible for
damages arising directly or indirectly from any delays for causes beyond Consultant's control. For
purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes;
severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other
emergencies; any action or failure to act in a timely manner by any government agency; actions or failure
to act by the Client or the Client's contractor or consultants: or discovery of any hazardous substance or
differing site conditions. If the delays outside of Consultant's control increase the cost or the time required
by Consultant to perform its services in accordance with professional skill and care, then Consultant shall
be entitled to a reasonable adjustment in schedule and compensation.
ARTICLE 4- CONSTRUCTION OBSERVATION
U requested by Client, Consultant shall visit the project during construction to haonma familiar with the
pmQnasa and / of the contractors' work and to determine if the work is proceeding, in geneoa|, in
accordance with plans, specifications or other contract documents prepared by Consultant for the Client.
The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or
continuous project review and observation services.
Consultant neither guarantees the performance of any Contractor retained by Client nmassume$
responsibility for any Contractors failure to furnish and perform the work in accordance with the
construction documents, Client acknowledges Consultant will not direct, supervise or control the work of
contractors or their subcontnadoro, nor shall Consultant have authority over or responsibility for the
contractors' meona, meLhuda, or procedures of construction., Consultant's services donut include review
or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job Site
Safety shelf be the sole responsibility of the contractor who is performing the work.
For Client-observed projects, the Cmmsuhau shall beentitled to rely upon and accept representations c<
the Cfien1� observe:, If the Client desires more extensive project obeemoion or full-time pn�ec.,
representation, the Client oha|i request such services be provided hytha Consultant as on Additiona
Service, Consultant and Client shall then enter into e 3upp/emen1e|AAnaament detsi|ingtheternm en,_�
conditions af the requested project observation,
ARTICLE 5-OPINIONS OF PROBABLE COST
Opinions, if eny, of probable cost, construction uoo, finenxial eva|uatkzno, feasibility stodh*o' economic
analyses of alternate solutions and utilitarian considerations of operations and maintenance costs,
collectively referred to as "Cost Estimates," provided for are made or to be made on the basis of the
Consultant's experience and qualifications and represent the Consultants best judgment as an
experienced and qualified pnohyne|onai design firm, The parties aoknmw|odge, however, that the
exmbit^ -aeneralovmrawpro"mmo 11.01.16 `
Consultant does not have control over the cost of labor, material, equipment or services fumished by
others or over market conditions ur contractor's methods m[determining their prices, and any evaluation
of any facility bo be constructed or acquired, or work to be performed muat, of necessity, be viewed as
simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs
may vary f�xnopinions, eve�adonaor studies ob d�d -eConaukan'andthedConou|Uart assumes
no responsibility for the accuracy ofopinions of Cost Estimates and Client expressly waives any claims
related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Coot
Estimates, estimator Project responsibilities.
ARTICLE G-REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE
All docomemts, including repods, drawings, uebu/atiomo. specificatkznm. CADD mabaha|u, computers
software or hardware or other wmnh product prepared by Consultant pursuant to this Agreement are
Consultant's Instruments of Service and Consultant retains all ownership interests in Instruments of
Service, including copyrights, The Instruments of Service are not intended or represented bzbesuitable
for reuse by the Client or others on extensions of the Project or other project. Copies
documents that may be relied upon by Client are limited to the printed copies (also known as hard copies)
that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for
convenience of Client. Any conclusion or information obtained or derived from such electronic files will be
at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or
readability of electronic files.
If requested, at the time of completion or termination of the work, the Consultant may make available to
the Client the Instruments of Service upon (i) payment ofamounhmduaendmw/n ~ performed erfb ed d
expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations —
this Agreement. Any use or re-use u/ such Instruments of Service by the Client "rothers without
� written '--
consent, vchfiomdonoradapb�ionby the Conau�a�except for the speu�opurpose i�e/-ed w| be at Client's risk and full legal responsibility Client expressly releases all claims against Consultant
arising from re-use of the Instruments of Service without Consultant's written consent, ,verification or
adaptation.
The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from
any claim, liability orcost (including reasonable attorneys' fees, and defense costs) arising uroUmgedh/
ahsiogout nf any uneuthor�mdeuaemrmod�oot�nof these |natmme�oof Semimmby the Client nrany
person o/ entity that acquires or obtains the repodu, plane and specifications from or through the Client
without the written authorization cf the Consultant, Under nn circumstances shall transfer ofInstruments
of Service be deemed e om|e by Consultant, and Consultant makes no warranties, either expressed or
imp|ied, of merchantability and fitness for any particular purpose, Consultant shall be entitled to
compensation for any consent, verification or adaption of the Instruments of Service for extensions of the
Project or any other project.
ARTICLE 7-PAYMENTS
Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is
*otd|eV to payment of amounts due plus reimbursable expensea. Client will pay the balance stated on
the invoice unless Client notifies Consultant in writing o/ any disputed items within fifteen (15) days from
the data of invoice, In the event of any dispute, Client will pay all undisputed amounts in the ordinary
uoura*, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30)
days from the date of original invoice ohoU be subject to a service charge of 1-1121/0 per month, or the
Maximum amount auihohzad by law, whichever is less, Conau�ant�se�esthe dghttoretain inntr' mentz
of service until all invoices are paid imfu&
�onsu|tan!wi||nntbeiiab|eto remydaimmof|o�ea.U- �y� o
'
damage byC|�nt for reason nfw�hhp/dingaen�oesnr��rume�scfeem�eunb|eU invoices are pam'n
full, Consultant shall hm entitled to recover all reasonable coets,and disbunaeme/to,including reasonable
attorney fees, incurred in connection with collecting amounts owed by Client. In ad|bio~ ' Cmaultmrn
moy, oOor giving seven (7) days' written notice to Client, d. suspend services under this ~-mn1 until h
receives full payment for all amounts then due for services, expenses and charges, -^ a�|m��ods ' expenoewandueteamaybemonafu/|ydeoohbodinExhibUCandExhibitE,
Exhibit x -General contract Provisions iun. 16 Page 2
ARTICLE 8—SUBMITTALS AND PAY APPLICATIONS
If the Scope cf Work includes theCo ltaxd reviewing and certifying the amounts due the Contractor, the
Consultant's certification for payment shall constitute a representation to the Client, that to the best of the
Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that
the quality of the Work is in general accordance with the Documents issued by the Consultant, The
issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by the Client to
substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively
responsible for its WorR.
If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such
review aUoU be for the limited purpose of checking for conformance with the information given and the
design concept. The review of submittals is not intended to determine the accuracy of all oomponents,
the accuracy oy the quantities or dimensions, or the ures. means or methods to be used in
construction, and those responsibilities remain exclusively with the Client's contractor.
ARTICLE 9— HAZARDOUS MATERIALS
Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and
agreed that C ltant is not a user, handler, r. or
disposer of hazardous or toxic substances, pw.w'w/os or contaminants ww any v, the foregoing items are
defined by Fpdera|. State and/or local law, rules or regulations, now existing or hereafter amended, and
which may be found or identified on any Project which is undertaken by Consultant.
The Client agrees bo indemnify Consultant and its officers, subconsulte $ employees and agents hnm
and against any and all claims. losses, damages, liability and costs, including but not |bnhed to costs uf
defenae, arising out of or in any way connected with, the preoanom, dischaq]e, na|ease, or escape of
hazardous or toxic substances, pollutants or contaminants of any kind, except that this doumm shall not
apply to such liability as may ehoo out of Consultant's opka negligence in the performance of services
under this Agreement arising from or relating to hazardous or toxic submbanmao. pollutants, or
contaminants specifically identified by the Client and included within Consultant's services to be provided
under this Agreement.
ARTICLE 10—INSURANCE
Consultant has procured general and professional liability insurance. On request, Consultant will furnish
client with a certificate of insurance detailing the precise neduna and type of inyuranoe, along with
applicable policy limits. Additional Insurance requirements are listed in Exhibit D.
ARTICLE I1— TERMINATION OR SUSPENSION
If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services
are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant,
Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its
opdon, accept an equitable adjustment ofrates and amounts ofcompensation provided for elsewhere in
this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things,
such delay or suspension, ond re2c1|myUon and the fm& that the time for perfbnnanoe under this
Aameme&ney beer, ,ev/oer_
This AOraemenxmayhe\annm�eo oX either party upon seven (7) days written notice should the cdhp`
party 1�i aub�andaUy to perform in accordance With its terms thnmwQh no
fault of the party initiating the
termination, In the event of termination Consultant shall be compensated for msodoee performed prior to
termination daha, including charges for expenses and equipment onota then due and all termination
expenses,
This Agreement may be terminated by either party upon thirty (30 days' written notice without cause.
Consultant nhe|| upon termination only he entitled to payment for the work performed up to the Date of
termination, In the event of termination, copies of plans, repodu, npeoifioatk,no, electronic drawing/data
Exhibit A —General Contract Provisions 11,01.16 Page 3
files(CADD), field datanotesandntheroocuments whether written, printed mrecorded on any medium
whatsoever, f,,'nished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining
to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client
upon payment of all amounts due as of the date of termination. All provisions of this Agreement
allocating responsibility or liability between the Client and Consultant shall survive the completion of the
services hereunder and/or the termination of this Agreement,
ARTICLE i2—INDEMNIFICATION
The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the
extent caused by the Consultant's negligence nr willful misconduct.
The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the
extent caused by the Client's negligence or willful misconduct.
ARTICLE 13—WAIVER OF CONSEQUENTIAL DAMAGES
The Consultant and Client waive claims against each other for consequential damarising out of or
relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses,
for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss
of management or employee productivity or of the services of such persons; and (2) Damages incurred
by the Consultant for principal office expenses including the compensation for personnel stationed there,
for losses of financing, business and reputation and for loss of profit except anticipated profit arising
directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of
their contractors, subcontractors or suppliers.
ARTICLE i4—WAIVER OF CLAIMS FOR PERSONAL LIABILITY
It in intended by the parties to this Agreement that Consultant's services nbaU not subject Consultant's
amp|oyees, officers or directors to any personal legal exposure for the hmkm associated with this
Agreement. Thon*fone, and notwithstanding anything hn the contrary contained heroin. the Client agrees
that as the Client's wcde and exclusive remedy, any claim, demand or suit shall be directed and/or
asserted only against Consultant, and not against any o[Consultant's individual employees, officers or
ARTICLE 15—ASSIGNMENT
NaithePartyto this Agreement shall assign its interest in this agreement, any proceeds due under the
Agreement nor any claims that may arise from services or payments due under the Agreement without
the written consent of the other Party. Any assignment in violation of this provision shall be null and void.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of
Consultant and Client and there are no other intended beneficiaries of this Agreement.
ARTICLE i6— CONFLICT RESOLUTION
|naneffort to resolve any conflicts that arise during the design or construction of the project orfollowing
the completion of the project, the Client and Consultant agree that all disputes between them arising out
oforrelating to this Agreement shall be submitted to nonbinding mediation as a precondition to any
formal legal proceedings.
ARTMCLF_17—CONFIDENTIALITY
The Consultant agrees to keep confidential and not to disclose to any person or entity, other then the
Cuoaukant's emp!oyees, nubconsu8ento and the genena[ contractor and subcontractors h app,00natc
any data and information furnished 0o the Consultant and marked CONFIDENTIAL by the Ci/amt 7ma*,
provisions shall not apply to information in whatever form that comes into the public domain, nnrs
restrict the Consultant from giving notices required b law complying � km�|d| ^ �
information .. or data when such order is .=°u=u by w court, administrative agency other authority with
proper jurisdiction, if it is reasonably necessary for the Consultant to complete services under the
Agreement or defend itself from any suit or claim.
sxhaxa -oeneralopmramprowunns 11/01,16 Page 4
ARTICLE 18—AVAILABLE INSURANCE PROCEEDS AND LIMITATION OFLIABILITY
Consultant maintains professional liability insurance with e liability limit of not less than $2.000,000 per
claim. The Consultant's total liability to Client shall not exceed the total available insurance policy limits
per claim available toConsultant under its professional liability insurance poJ|q^ Client hereby agrees
that to the fullest extent permitted by law. the Consultant's total liability to Client for any and all injuries,
claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from
this Agreement from any cause or causes induding, but not |knhed to, Consultant's neQUQenms, ernum,
omissions, strict liability, breach of contract or breach of warranty (Client's Claims) shall not exceed the
total policy limits available to Consultant under its p/uhaonione/ liability insurance policy for settlement ur
satisfaction of Client's Claims under the tanna and conditions of the Consultant's professional liability
insurance policy applicable hereto,
Notwithstanding the language above, Client agrees that with regard to any claim arising from ur relating hn
Consultant's provision of geob» hn|oai engineering services, construction materials besUng, special
inspections, and/or environmental engineering services, including but not limited toenvironmental site
mommuummnts. that Consultant's liability for any claims asserted byorthrough Client shall be limited to
$SO.O0l
Client and Consultant each further agree that neither will be responsible for any incidental, indinsct, or
consequential damages (including loss of use or loss of profits) sustained by the other, its successors or
assigns. This mutual waiver ehek apply even if the damages were foreseeable and mgenj|ees of the
theory uf recovery plead urasserted,
ARTICLE i9 —CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising
out of or relating to this Agreement, or the breach thereof, including but not limited to claims for
negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of
the state of Minnesota,
ARTICLE 20— LOCATION CJF UNDERGROUND IMPROVEMENTS
Where requested by Client, Consultant will perform customary research to assist Client in locating and
identifying subterranean structures or utilities. However, Consultant may reasonably rely on information
from the Client and information provided by local utilities related to structures or utilities and will not be liable
for damages incurred where Consultant has complied with the standard of care and acted in reliance on that
information, The Client agrees to waive all claims and causes of action against the Consultant for claims
by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or
damages to underground improvements resulting from subsurface penetration locations established by
the Consultant,
EXHIBIT B
SCOPE mOF WORK
rMIJ
Complete the Water Supply Plan (under a separate cover) and summarize the results from that work into the
Comprehensive Plan Water Chapter,
1.1 Growth Trends
Review population growth trends represented in the City's recently completed water supply plan.
1.2 Demand and Use Projections
Review consumption trends for residential and commercial/industrial uses, and determine current
average demand and water use projections for each type of land use.
1.3 Final Report
Expand and build upon the City's recently completed water supply plan.
• T M.
Complete the Wastewater Plan (under a separate cover) and summarize the results from that work into the
Comprehensive Plan Wastewater Chapter.
2.1 Growth Trends
Analyze population growth trends and future development areas.
2.2 Trends and Use
Analyze Wastewater trends for residential and commercial/industrial uses for each type of land use.
2.3 Average Wastewater Flows by Section
Review the sewersheds and/or sewer districts established in the City's GIS database. Existing land
use planning and water usage data from the City's Gib database will be used to develop average
wastewater flows by pipe section, district and sewershed. We will factor water use trends and
anticipated policy decisions into the calculation for average wastewater flows.
2.4 Average Wastewater Flows by Land Use
Based on analysis of current and proposed land use and zoning, determine average wastewater
flows per land type of use for design years and ultimate saturation of the proposed service area.
2.5 Maximum Flows
Determine maximum daily and peak hourly wastewater flows for the design years based on historical
water use and 1/1 data.
2.6 Lift Station and Trunk Sewer Capacity
Analyze the capacity of existing lift stations one IrUnK say
Basest on analysis, trie existing system n will be evalu2jeo ano recomrriencaticns wili oe macie wit°
regards to the type, locations and sizing of Potential lift Stations and trunk sewer,
2.10 Final Report
ARTICLE 8.3 — SCHEDULE
The Water Supply Plan and Wastewater Plan will be completed by December 31, 2017.
Exhibit B —Scope of Services Page 1
ARTICLE C.1 — COMPENSATION
Consultant is to be compensated on an hourly basis according to the included Fee Estimate of $10,500
for the 2040 Comprehensive Wastewater Plan Update and $4,500 for the 2040 Comprehensive Water
Supply Update, for a total not -to- exceed fee of $15,000.
ARTICLE C.2 — EXPENSES
All expenses are included in the above stated not -to- exceed fee.
Exhibit C - Compensation Page
U
I A : 11
11114191ZEU10i
�.1
Carrier-, The Phoenix Insurance Company
Type of Insurance: Commercial General Liability
Coverage: General Aggregate
$2,000,000
Products-Comp/Ops Aggregate
$2,000,000
Personal & Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
Damage to Rented Premises
$1,000,000
Medical Expenses (Any one person)
$10,000
Qfflffi•=�M
Carrier: The Travelers Indemnity Company
Type of Insurance: Any Auto
Hired Autos
Non-Owned Autos
Coverage: Combined Single Limit $1,000,000
UMBRELLA
Carrier: The Travelers Indemnity Company of America
Coverage: Each Occurrence/Aggregate $5,00,000
PROFESSIONAL UABUTY (Errors and Omission,,
XL Specialty insurance Gon,D&r-,
Coverage Each Claim
Annual Aggregate
off too
MM
SUMMAUSN"
Exhibit D — Insurance Schedule 10,01.16 Page 1
A
HW 2017 Rate Schedule
ANNOMM
Principal
$160-$180
Associate Sr. Project Manager Sr. Project Engineer 1
$143-$180
Project Manager i
$125-$137
Project Engineer
$109-$138
Graduate Engineer
$82-$102
Sr. Landscape Architect/ Sr. Planner/ Sr, GIS Specialist j
$113-$142
Landscape Architect t Planner / GIS Specialist
$67-$107
Engineering Specialist Sr. Environmental Scientist i
J
$94-$135
Engineering Technician Environmental Scientist i
$55-$89
Construction Observer
$89-$113
Pavement Coring
One-Person Crew
Two-Person Crew
$245
Survey
One-Person Crew
$135
Two-Person Crew
$172
Three-Person Crew
$189
Underwater Inspection Dive Team
$470
Office Technician
$45-$88
Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are
included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical ane !
constrodHo,-i materials testing ((.%AT) sen*-e ratesl Mik-:Eqpf- can he chafoed senarateiv if sPecificaliv ouffine.,
Dy
Reirnuursaoie expenses inciuoe costs associated wifn plan, spectfrcation, and report reproduction; permit fees;
delivery costs; etc.
Multiple rates illustrate the varying levels of experience within each category.
Rate Schedule is adjusted annually.
Building a legacy - your legacy.
Equal OPPONUI)ily Employer I wsbeng,corn
The Client's responsibilities related to the services tobapmvide Cm �ga��Uyaom�o�
b�ne �e�ma�no�08�can bemu��d�mu�Supp|eme�-Agreements.
/n order ba permit the Consultant hm perform the services required under this Agreement, the Client shall,
in proper time and sequence and where appropriate to the Project, at no expense to the Consultant:
ARTICLE F.Y
Provide available Information as to its requirements for the ''including copies of any design and
construction standards and comprehensive plans which the Client
desires Consultant to hoUmm or
incorporate into its work,
ARTICLE F.2
Guarantee access tu and make all provisions for the Consultant to enter upon public and private lands to
enable the Consultant hz perform its work under this Agreement.
ARTICLE F.3
Provide such legal, accounting and insurance counseling services as may ba required for this Project,
ARTICLE FA
Notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in the
Project construction ordesign.
ARTICLE FJ5
Designate a Client Representative with authority to transmit and receive instructions and infbnnedmn
interpret and define the Client's policies with respect to services rendered by the Consultant, and
authority to make decisions as required for Consultant to complete services required under this
ARTICLE F.6
Act promptly to approve all pay requests. Supplemental Agreements, or request for information by
ARTICLE F.7
Fum�h data (and professional interpretations thenao0 prepared by or services performed by others,
including where applicable, but not limited k\ previous reports, core bmrnOo, sub-surface explorations, hydroQrophiu and hydnogaologic surveys, laboratory tests and inspection of samp|es, materials and
equipment; appropriate professional interpretations of the foregoing data; environmental axuaasmentan- inpaci statements; property, boundary' easement, right-of-way, topographic and utility surveys; property
description; zoning, deed and other land use restrictions; and other special data.
ARTICLE F.g
Require all UtUhiau with facilities in the Client's Right o( Way tn Locate and mark said utilities upon
request, Relocate and/or protect said utilities as determined necessary to accommodate work ofthr
Pr4ieoL aubmita schedule, ofih� nacesssry ro[ocet!on/protedion achvi|'es ru1he C|sni tor rev/e�' and
con p/yvitn agreed upon aoheuu|L
ARTICLE F,�
Review all nsports, sketches, drawings, specifications and other documents prepared and presented by
the CmnsuUant, obtain advice of/e8e/. accounting and insurance counselors or others as Client deems
naoesueryformunhexaminadonmandnanderinwritingdeoisiommpertaininQthereto,
Exhibit p -Client Responsibilities 1u,3^'o Page I
ARTICLE F.10
Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or
pollutants located in the project area prior to accomplishment by the Consultant of any work on the
Project,
ARTICLE F. I I
Provide record drawings and specifications for all existing physical plants of facilities which are pertinent
to the Project.
ARTICLE F,12
Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant
of the services in accordance with the Contract Documents,
ARTICLE F.13
Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished
by the Client or others employed by the Client. Consultant shall endeavor to verify the information
provided and shall promptly notify the Client if the Consultant discovers that any information or services
furnished by the Client is in error or is inadequate for its purpose.
ARTICLE F.14
Client shall bear all costs incidental to compliance with the requirements of this article,
Exhibit F — Client Responsibifiiies 10,30.15 Page 2