Common use of THE CLIENT'S RESPONSIBILITIES Clause in Contracts

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant services described in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Professional Services

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THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Xxx 0000 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit I. H. The CLIENT will may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the projectProject. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data. (Remainder of this page intentionally left blank)

Appears in 2 contracts

Samples: Grant Application Agreement, Consulting Agreement

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitationsother data on existing utilities. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will make every attempt to guarantee access to to, and make all provisions for for, entry upon both public and private portions of the project and pertinent adjoining properties. However, the CONSULTANT acknowledges, understands and accepts that access to certain private portions of the project and adjoining property may be dependent upon factors beyond the control of the CLIENT and will assist the CLIENT in obtaining such necessary access in as unobtrusive of a manner as is possible. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant CONSULTANT services described in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project., unless specifically noted otherwise in Exhibit I. H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified used for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.

Appears in 2 contracts

Samples: Professional Services, Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III 3 of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include include, but shall not be limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret interpret, and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Act 2010 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. H. The Project. CONSULTANT will notify CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified which regulatory permits are required for the proper design project and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly with permit preparation and documentation to the testing company by the CLIENT and is not part of this Agreement.extent described in Exhibit A.

Appears in 1 contract

Samples: Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include include, but shall not be limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Xxx 0000 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit I. H. The CLIENT will may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the projectProject. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data. (Remainder of this page intentionally left blank)

Appears in 1 contract

Samples: Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant services described in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. H. X. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.

Appears in 1 contract

Samples: Agreement for Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired relevant information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant CONSULTANT services described included in this agreement. G. The CLIENT CLIENT, with the CONSULTANT”S assistance, will obtain any and all regulatory permits required for the proper and legal execution of the project. H. X. The CLIENT will hire, when requested by the CONSULTANT, an independent test testing company to perform laboratory and material testing services, and soil investigation investigations that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.

Appears in 1 contract

Samples: Professional Engineering Services Agreement

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include include, but shall is not be limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Xxx 0000 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit I. H. The CLIENT will may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the projectProject. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data. (Remainder of this page intentionally left blank)

Appears in 1 contract

Samples: Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III 3 of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include include, but shall not be limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret interpret, and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Act 2010 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit A. H. The CLIENT will may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the projectProject. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data.

Appears in 1 contract

Samples: Professional Services

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THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III 3 of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include include, but shall is not be limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret interpret, and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Act 2010 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit A. H. The CLIENT will may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the projectProject. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data.

Appears in 1 contract

Samples: Master Agreement for Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The a. CLIENT has obtained access and right of entry to the Project and hereby grants free access and right of entry to the Project to STE, its employees, agents, and subcontractors, for the purpose of performing all acts, studies and research, including without limitation the obtaining of samples and the performance of tests and evaluations, pursuant to the Scope of Work. CLIENT understands that subsurface conditions throughout the site may vary from those apparent at the discrete sampling locations or other sources of subsurface data and that site conditions may change from time to time. CLIENT agrees that XXX's proposed sampling locations are approximate and that STE may depart a reasonable distance from those locations. CLIENT accepts that, despite XXX's use of reasonable precautions to reduce damage, invasive services such as drilling, or sampling may damage or alter the site and that site restoration is not provided by STE unless specifically included in the Scope of Work. b. CLIENT represents that CLIENT possesses all necessary permits and licenses required for the performance of the services to be provided by STE under this Agreement and for the continuation of CLIENT and STE's activities at the Project. c. CLIENT will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by STE for the proper performance of STE's services pursuant to this Agreement. STE may rely upon documents provided by the CLIENT in performing the services required under this Agreement; however, CLIENT-provided documents will remain the property of the CLIENT. All documents, including, but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates prepared by STE as part of the service, pursuant to this Agreement, shall remain STE's exclusive property. CLIENT agrees that all documents of any nature furnished to CLIENT or CLIENT's agents or designees, if not paid for, will be returned upon demand and will not be used by CLIENT for any purpose whatsoever. CLIENT further agrees that under no circumstances shall any documents produced by STE pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without STE's prior written consent. If CLIENT uses all or any portion of STE's work on another project without STE's written permission, CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place defend, indemnify and hold STE harmless from any and all previously acquired information in its custody at the disposal claims arising from such unauthorized use. d. CLIENT shall be responsible for identifying, locating, and marking, and/or shall arrange for identifying, locating and marking of the CONSULTANT for its useprivate subterranean structures or utilities and subsurface structures. Such information STE shall include but take reasonable precautions to avoid damage or injury to such utilities and structures. STE shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities which were identified and marked by CLIENT or a one-call provider. STE shall not be limited boundary surveysresponsible for any damage, topographic surveysliability or costs, preliminary sketch plan layoutsor for any property damage, building injury or economic loss arising or allegedly arising from damages to utilities or subterranean structures that were not identified, located, or marked by CLIENT or the one-call provider, or that were not properly communicated to STE; or that were improperly marked on documentation, plans, soil surveysdrawing or utility clearance materials provided to STE. STE shall not be responsible for any damage, drainage reportsliability or costs, abstractsor for any property damage, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, injury or economic loss arising or allegedly arising from damages to utilities or subterranean structures caused by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant services described in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.subsurface

Appears in 1 contract

Samples: Standard Testing and Engineering Company Agreement for Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III 3 of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include include, but shall not be limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret interpret, and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT’S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Xxx 0000 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit A. H. The CLIENT will may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the projectProject. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data.

Appears in 1 contract

Samples: Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant services described in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. H. X. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement.

Appears in 1 contract

Samples: Agreement for Professional Services

THE CLIENT'S RESPONSIBILITIES. A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III 3 of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include include, but shall is not be limited to: boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, drainage reports, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and reasonable efforts to provide access to private portions and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret interpret, and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Xxxxxxx Xxxxxx – Public Works Director. F. The CLIENT shall provide such CONSULTANT'S services do not include legal, insurance counseling, accounting, independent cost estimating estimating, financial advisory or “municipal advisor” (as described in Section 975 of the Xxxx-Xxxxx Xxxx Street Reform and insurance counseling Consumer Protection Act 2010 and the municipal advisor registration rules issued by the SEC) professional services and the CLIENT shall provide such services as may be required for completion of the consultant services Project described in this agreementAgreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project.Project. CONSULTANT will assist CLIENT with permit preparation and documentation to the extent described in Exhibit A. H. The CLIENT will may hire, at its discretion, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the projectProject. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. If CLIENT elects not to hire an independent test company, CLIENT shall provide CONSULTANT with guidance and direction on completing those aspects of design and construction that require additional testing data.

Appears in 1 contract

Samples: Professional Services

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