Common use of CITY'S RESPONSIBILITIES Clause in Contracts

CITY'S RESPONSIBILITIES. CITY will: (a) Provide, upon request and cooperation of CONSULTANT, access to, and make all provisions necessary to, enter upon public or private lands as required for CONSULTANT to perform such services and inspections as are required in development of the Project; provided, however, if CITY is unable to obtain access to enter upon public or private lands, CONSULTANT shall not be relieved from performing its services as to those public and private lands that are accessible. If CONSULTANT notifies CITY that a topographic survey is required by CONSULTANT in connection with the consulting services, then CITY will be responsible for conducting the topographic survey. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release CONSULTANT from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITY. (f) Prepare all change orders during construction in cooperation with CONSULTANT. (g) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANT’S best knowledge, information and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by CONSULTANT for acceptance to the end that there will be no substantial delays in CONSULTANT’S program of work. For an acceptance, approval, authorization, a request or any direction to CONSULTANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by CITY and signed on behalf of CITY by the Director.

CITY'S RESPONSIBILITIES. The CITY willshall, as required: (a) ProvideA. Provide all criteria and full information as to CITY’S requirements for the PROJECT, upon request and cooperation furnish copies of CONSULTANTall design and construction standards which the CITY will require to be included in the drawings and specifications. B. Assist ENGINEER by placing at ENGINEER’S disposal all available information pertinent to the PROJECT including CITY maps and plats, access previous reports, drawings, specifications and any other data relative to the design or construction of the PROJECT. C. Furnish to ENGINEER property and land use data pertaining to the PROJECT available to the CITY including, but not limited to, property, boundary, easement, right-of-way, topographic and make utility surveys; property descriptions; zoning, deed and other land use restrictions; and other related data. D. Provide legal, insurance and financial consulting services necessary for the PROJECT, and such accounting and auditing services as the CITY may require. E. Furnish permits and approvals from all provisions governmental authorities having jurisdiction over the PROJECT and from others as may be necessary to, enter upon public or private lands as required for CONSULTANT to perform such services and inspections as are required in development completion of the Project; providedPROJECT. F. Furnish above record information, howeverproperty and land use data, if CITY is unable to obtain access to enter and services at CITY'S expense in such manner that ENGINEER may rely upon public or private lands, CONSULTANT shall not them in the performance of services under this AGREEMENT. G. Furnish any laboratory analyses that may be relieved from performing its services as to those public and private lands that are accessible. If CONSULTANT notifies CITY that a topographic survey is required by CONSULTANT in connection with the consulting services, then CITY will be responsible for conducting the topographic surveyPROJECT. (b) Manage H. Guarantee full and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve free access to ENGINEER to enter upon all public and private noticesproperty required for the performance of ENGINEER’S services under this AGREEMENT. I. Designate in writing a person to act as CITY’S representative with respect to the services to be performed under this AGREEMENT. Such person shall have complete authority to transmit instructions, receive information, interpret and act upon define CITY’S policies and decisions with respect to materials, equipment, elements and systems pertinent to ENGINEER'S services. J. Coordinate, consolidate, reconcile and bring congruence to differing views in the CITY’S organization to form single firm responses stating the CITY’S position on matters requiring resolution during performance of ENGINEER’S services. Examine all protestsstudies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. Render such decisions in a consolidated form reconciling differing views into an unambiguous single firm response to each matter requiring resolution. K. Provide ENGINEER with prompt written notice of any defect or suspected defect in ENGINEER'S performance of any services rendered pursuant to this AGREEMENT or relating to the PROJECT. L. In any agreement entered into between the CITY and other contractors for the PROJECT in which such contractors and their subcontractors agree to indemnify, provide insurance coverage to, and/or name as additional insured, the ENGINEER, its subconsultants, professional associates, and perform all services customarily performed by owners each of their officers, principals, partners and employees to the same extent as are necessary for to the orderly progress CITY. Furthermore, the CITY will provide ENGINEER with certificates of insurance from each such contractor or subcontractor. M. Give prompt written notice to ENGINEER whenever the CITY observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER'S services, or any defect in the work and the successful completion of the Project, and pay all costs incidental theretoconstruction contractors. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work N. Compensate ENGINEER in accordance with the plans and specifications. However, this does not release CONSULTANT from its responsibility to make periodic site visits under Section 1(e) for the purpose provisions of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITYArticle III. (f) Prepare all change orders during construction in cooperation with CONSULTANT. (g) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANT’S best knowledge, information and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by CONSULTANT for acceptance to the end that there will be no substantial delays in CONSULTANT’S program of work. For an acceptance, approval, authorization, a request or any direction to CONSULTANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by CITY and signed on behalf of CITY by the Director.

CITY'S RESPONSIBILITIES. CITY willshall: (a) Provide1. Assist CONSULTANT by placing at CONSULTANT’S disposal all available pertinent information, upon request including previous reports and cooperation any other data as required for performance of CONSULTANT'S Scope of Services. CONSULTANT and CONSULTANT’S Principal, Xxxxxx Xxxxx, as well as all other agents or employees of CONSULTANT working on behalf of the CITY in performance of the professional services herein provided for, will execute a Confidentiality Agreement with CITY in the form and containing the content as required by the CITY. CITY will provide CONSULTANT monitored access toto sales revenue data to analyze. Any release of sales revenue information, or any other information deemed confidential by the CITY, by CONSULTANT or CONSULTANT’S agents or representatives must have prior written approval from the CITY. 2. Represent that CONSULTANT shall be entitled to rely on the accuracy and completeness of any documents or other materials provided by CITY to CONSULTANT; and that CONSULTANT's use of such documents and materials will not infringe upon any third parties' rights. 3. Arrange for access to and make all provisions necessary to, for CONSULTANT to enter upon public or and private lands property as required for CONSULTANT to perform such services and inspections as are required in development of the Project; provided, however, if CITY is unable to obtain access to enter upon public or private lands, CONSULTANT shall not be relieved from performing its services as to those public and private lands that are accessible. If CONSULTANT notifies CITY that a topographic survey is required by CONSULTANT in connection with the consulting his services, then CITY will be responsible for conducting the topographic survey. (b4. Designate one or more representatives authorized to act on the CITY’S behalf with respect to the Agreement. CITY or such authorized representative(s) Manage shall examine the documents submitted by the CONSULTANT and be responsible for all negotiations with owners shall render decisions pertaining thereto promptly, to avoid unreasonable delay in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the CONSULTANT’S services except for those decisions or actions that must go before the CITY’S elected or appointed officials for approval. 5. In the event that CITY needs CONSULTANT to travel to other locations to attend special meetings (outside of or in addition to the proposed scope of work and the successful completion of the Projectin this proposal, and CITY will pay all costs incidental thereto. (d) Select the testing laboratory related travel and expenses for CONSULTANT. Travel pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release CONSULTANT from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITY. (f) Prepare all change orders during construction in cooperation with CONSULTANT. (g) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANT’S best knowledge, information and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by CONSULTANT for acceptance to the end that there will be no substantial delays in CONSULTANT’S program of work. For an acceptance, approval, authorization, a request or any direction to CONSULTANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be approved by CITY in writing, duly authorized by CITY and signed on behalf of CITY by the Director.

CITY'S RESPONSIBILITIES. The CITY willshall, as required: (a) Provide, upon request A. Guarantee full and cooperation of CONSULTANT, free access to, and make all provisions necessary to, enter upon public or private lands as required for CONSULTANT to perform such services and inspections as are required in development of the Project; provided, however, if CITY is unable to obtain access ENGINEER to enter upon public or private lands, CONSULTANT shall not be relieved from performing its services as to those public and private lands that are accessible. If CONSULTANT notifies CITY that a topographic survey is required by CONSULTANT in connection with the consulting services, then CITY will be responsible for conducting the topographic survey. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private noticesproperty required for the performance of ENGINEER'S services under this AGREEMENT. B. Assist ENGINEER by placing at ENGINEER’S disposal all available information pertinent to the PROJECT including CITY maps and plats, receive previous reports, drawings, specifications and act upon all protestsany other data relative to the design or construction of the PROJECT. C. Furnish to ENGINEER property and land use data pertaining to the PROJECT available to the CITY including, but not limited to, property, boundary, easement, right-of-way, topographic and perform all utility surveys; property descriptions; zoning, deed and other land use restrictions; and other related data. D. Provide legal, insurance and financial consulting services customarily performed by owners as are necessary for the orderly progress of PROJECT, and such accounting and auditing services as the work CITY may require. E. Furnish permits and approvals from all governmental authorities having jurisdiction over the successful PROJECT and from others as may be necessary for completion of the ProjectPROJECT. F. Furnish above record information, property and land use data, and pay all costs incidental theretoservices at CITY'S expense in such manner that ENGINEER may rely upon them in the performance of services under this AGREEMENT. (d) Select G. Designate in writing a person to act as CITY’S representative with respect to the testing laboratory services to be performed under this AGREEMENT. Such person shall have complete authority to transmit instructions, receive information, interpret and pay define CITY’S policies and decisions with respect to materials, equipment, elements and systems pertinent to ENGINEER'S services. H. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the cost services of boringsENGINEER. Render such decisions in a consolidated form reconciling differing views into an unambiguous single firm response to each matter requiring resolution. I. Provide ENGINEER with prompt written notice of any defect or suspected defect in ENGINEER'S performance of any services rendered pursuant to this AGREEMENT or relating to the PROJECT. J. In any agreement entered into between the CITY and other contractors for the PROJECT in which such contractors and their subcontractors agree to indemnify or provide insurance coverage to the CITY, samplingsthe contractors and subcontractors shall be required to indemnify and provide insurance coverage to Greeley and Xxxxxx LLC, its subconsultants, professional associates, and other work involved in soils testing during constructioneach of their partners, officers, and employees to the same extent as to the CITY. Furthermore, the CITY will provide ENGINEER with certificates of insurance from each such contractor or subcontractor. (e) Conduct onsite inspection during K. Give prompt written notice to ENGINEER whenever the CITY observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER'S services, or any defect in the work of construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work contractors. L. Compensate ENGINEER in accordance with the plans and specifications. However, this does not release CONSULTANT from its responsibility to make periodic site visits under Section 1(e) for the purpose provisions of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITYArticle III. (f) Prepare all change orders during construction in cooperation with CONSULTANT. (g) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANT’S best knowledge, information and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by CONSULTANT for acceptance to the end that there will be no substantial delays in CONSULTANT’S program of work. For an acceptance, approval, authorization, a request or any direction to CONSULTANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by CITY and signed on behalf of CITY by the Director.