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D. SURVEYS AND REFERENCE POINTS. Provide field control surveys and establish reference <br /> points and base lines except to the extent provided otherwise in Section II to enable the Contractor(s) <br /> to proceed with the layout of the work. <br /> E. ACCESS TO PROPERTY. Arrange for access to and make all provisions for the Consulting <br /> Engineer to enter upon public and private property as required for the Consulting Engineer to perform <br /> the Consulting Engineer's services. <br /> F. REVIEW DOCUMENTS. Examine all studies,reports, sketches, drawings, specifications, <br /> proposals and other documents presented by the Consulting Engineer,obtain advice of an attorney, <br /> insurance counselor and other consultants as the City's Representative deems appropriate for such <br /> examination and render in writing decisions pertaining thereto within a reasonable time so as not to <br /> delay the services of the Consulting Engineer. <br /> G. OBTAIN APPROVALS AND PERMITS. Furnish approvals and permits from all governmental <br /> authorities having jurisdiction over the Project and such approvals and consents from others as may <br /> be necessary for completion of the Project. <br /> H. ACCOUNTING, LEGAL AND INSURANCE SERVICE. Provide such accounting, <br /> independent cost estimating and insurance counseling services as may be required for the Project, <br /> such legal services as the City's Representative may require or the Consulting Engineer may <br /> reasonably request with regard to legal issues pertaining to the Project including any that may be ' <br /> raised by the Contractor(s), such auditing service as the City's Representative may require to <br /> ascertain how or for what purpose any Contractor has used the moneys paid to him under the '� <br /> construction contract, and such inspection services as the City's Representative may require to ' <br /> ascertain that the Contractor(s) are complying with any law,rule or regulation applicable to their I <br /> performance of the work except as otherwise provided in Section II. <br /> I. NOTIFY THE CONSULTING ENGINEER OF DEFECTS OR DEVELOPMENT. Give <br /> prompt written notice to the Consulting Engineer whenever the City's Representative observes or <br /> otherwise becomes aware of any development that affects the scope or timing of the Consulting <br /> Engineer's services, or any defect in the work of the Contractor(s). <br /> SECTION IV. GENERAL CONSIDERATIONS <br /> A. SUCCESSORS AND ASSIGNS. The City and the Consulting Engineer each binds their respective <br /> partners, successors,executors, administrators and assigns to the other party of this Agreement and to <br /> the partners, successors, executors,administrators, and assigns of such other party,in respect to all <br /> covenants of this Agreement; except as below, neither the City nor the Consulting Engineer shall <br /> assign, sublet, or transfer their respective interests in this Agreements without the written consent of <br /> the other.Nothing herein shall be construed as created any personal liability on the part of any officer <br /> or agent of any public body which may be a party hereto,nor shall it be construed as giving any rights <br /> or benefits hereunder to anyone other than the City and the Consulting Engineer. <br /> B. OWNERSHIP OF DOCUMENTS. All drawings, specifications,reports,records,and other work <br /> product developed by the Consulting Engineer in connection with this Project are public documents <br /> and,upon payment to the Consulting Engineer, shall remain the property of the City whether the <br /> Project is completed or not. Reuse of any of the work product of the Consulting Engineer by the City <br /> on extensions of this Project or any other project without written permission of the Consulting <br /> Engineer shall be at the City's risk and the City agrees to defend, indemnify and hold harmless the <br /> Consulting Engineer from all damages and costs including attorney fees arising out of such reuse by <br /> the City or others acting through the City. <br />