R2019-192 Resolution Approving an Agreement with CDM Smith for Professional Engineering Services for the Water Utility Long-Term Sustainability Plan, City Project 2018-34

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B. FURNISH INFORMATION. Assist the Consulting Engineer by placing at the Consulting Engineer's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. C. FURNISH TECHNICAL INFORMATION. Furnish to the Consulting Engineer,as required for performance of the Consulting Engineer's Basic Services(except to the extent provided otherwise in Exhibit A, "Scope of Work"), data prepared by or services of others, including without limitation, core borings,probings and subsurface explorations,hydrographic surveys, laboratory tests and inspections of samples,materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements;property,boundary, easement,right-of- way,topographic and utility surveys;property descriptions;zoning,deed and other land use restriction; all of which the Consulting Engineer may rely upon in performing the Consulting Engineer's services. D. SURVEYS AND REFERENCE POINTS. Provide field control surveys and establish reference points and base lines except to the extent provided otherwise in Section II to enable the Contractor(s) to proceed with the layout of the work. E. ACCESS TO PROPERTY. Arrange for access to and make all provisions for the Consulting Engineer to enter upon public and private property as required for the Consulting Engineer to perform the Consulting Engineer's services. F. REVIEW DOCUMENTS. Examine all studies,reports, sketches,drawings, specifications, proposals and other documents presented by the Consulting Engineer,obtain advice of an attorney, insurance counselor and other consultants as the City's Representative deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consulting Engineer. G. OBTAIN APPROVALS AND PERMITS. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. ACCOUNTING, LEGAL AND INSURANCE SERVICE. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the City's Representative may require or the Consulting Engineer may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by the Contractor(s), such auditing service as the City's Representative may require to ascertain how or for what purpose any Contractor has used the moneys paid to him under the construction contract, and such inspection services as the City's Representative may require to ascertain that the Contractor(s)are complying with any law, rule or regulation applicable to their performance of the work except as otherwise provided in Section II. I. NOTIFY THE CONSULTING ENGINEER OF DEFECTS OR DEVELOPMENT. Give prompt written notice to the Consulting Engineer whenever the City's Representative observes or otherwise becomes aware of any development that affects the scope or timing of the Consulting Engineer's services, or any defect in the work of the Contractor(s). SECTION IV. �ENERAL CONSIDERATIONS A. SUCCESSO�ZS AND ASSIGNS. The City and the Consulting Engineer each binds their respective partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators,and assigns of such other party, in respect to all covenants of this Agreement; except as below,neither the City nor the Consulting engineer shall Last Revised: 10/18/2015