07-23-2018 Council Packet - Laserfiche WebLink

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V. Access Client (under its rights and privileges with respect to the project site) grants to Consultant and its sub- Consultants/contractors the authority and permissions to enter the Project Site where services are to be performed. VI. Consultant Responsibilities Consultant represents that it is licensed and authorized to work in the State of Minnesota. The performance of services under this Agreement shall meet current scientific and engineering standard in effect in the industry at the time the service are performed. Services shall be carried out with the degree of care and skill ordinarily exercised under similar circumstances by reputable members of the profession practicing in the same locality. Consultant provides no other representation to CLIENT, express or implied, and no warranty or guarantee is included or intended in the Agreement, or in any report, opinion, document or otherwise. VII. Client Responsibility Consultant and Client affirm that the Client's knowledge of the site is limited in nature. Client agrees to provide Consultant with all of its known information regarding the existing and proposed condition of the Project Site. Client will provide Consultant with any new information as such information becomes available. Client warrants the completeness and accuracy of the information supplied to Consultant and acknowledges that Consultant is relying upon such information in the performance of services under this Agreement. 2. Client shall notify Consultant of any known potential or possible health or safety hazards or conditions existing on or near that Project Site prior to the commencement of services under this Agreement that the Client is aware of. 3. Client shall correctly show on plans or surveys furnished to the Consultant, the location of all subsurface structures, such as pipes, tanks, cables and utilities. Client agrees to indemnify and hold harmless Consultant, its officers, directors, agents, employees and sub -Consultants from and against all claims, damages, losses and related expenses involving subsurface structures that the Client is aware of. 4. Client shall be fully responsible for the cooperation and safety of its employees and/or agents during the provision of services under this Agreement. 6. Client is fully responsible for the reporting of any environmental matters to the proper federal, state and local regulatory authorities as may be required by law. The Client recognizes that the Consultant may also be required by law and/or regulation to report known environmental conditions to regulators. The Client authorizes the Consultant to act as its reporting agent. 7. Client recognized that environmental, geological, hydrogeologic and geotechnical conditions at the Project Site may vary from those encountered during the provision of services under this Agreement. The accuracy of services relating to specific test (e.g., a specific soil boring) may not represent conditions a short distance away. Client acknowledges that the use of tests, calculations, analyses, Page 4 of 6