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3.2.6 When providing construction staking scrvices, ENGINEER shall set one set of stakes only for each task. Any re-staking or staking for tasks, areas, not identified in the Work Order shall be perfonned as an Additional Service. Re-staking or additional staking witt only commence whcn requested by CITY. . 3.2.7 ENGINEER assumes no liability or responsibility for the disnlrbance of any stakes subsequent to the survey crew leaving the work site or where insufficient original stakes remain to be used in verifYing the staking, 3.3 GEOTECHNICAL ENGINEERING SERVICES ENGINEER shall provide subsurface services through an ENGINEER's Consultant, as authorized by the CITY under the following teons and conditions: 3.3.1 It is necessary that borings, excavations and other penetrations be located such that they maintain a minimum safe distance from underground utilities or other man-made improvements. CITY shall advi.se ENGINEER of all utilities that service or are located on the site, as well as any underground improvements located on the sitc. ENGINEER will contact state notification centers, where available, or individual utility owners where a statc notification center is not available, prior to drilling. 3.3.2 Public utility owners. may not provide the locating service on private property. In such situations, CITY is responsible for location of such utilities prior to drilling. 3.3,3 The property O""11er may have private underground improvements which cannot be cleared through the state notification center or public utility owners. The CITY is responsible for location of these improvements. 3.3.4 ENGINEER will not be responsibte for any damages to "non-located" or incorrectly located underground utilities or other man-made improvements. . 3.3.5 CITY acknowledges and accepts that unavoidable contamination risks may be associated with ENGINEER's subsurface drilling, sampling and installation of monitoring devices, Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. CITY and ENGINEER agree that the discovery of unanticipated actual or suspected hazardous materials may make it necessary for ENGINEER to take immediate measures to protect hmnan health and safety, and/or the environment. CITY and ENGINEER also agree that the discovery of such materials constinltes a changed condition which may result in added costs to CITY, and may require a renegotiation of work scope or temlination of services. 3.3.6 CITY agrees to hold haon!ess and indemnify ENGINEER from and against liability associated with contamination. 3.3.7 Equipment lost in bore holes may be required to be retrieved or property abandoned by government agencies. ClTY agrees to pay ENGINEER all costs related to retrieving and/or abandoning such equipment at ENGINEER's prices, unless agreed otherwise. 3.3.8 CITY recognizes that unavoidable risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program performed in accordance with a professional standard of care may fail to detect certain conditions, because they are hidden. For similar reasons, actual environmental, geologic and geotechnicaJ conditions that ENGINEER characterizes to exist bctween sampling points may differ significantly from those that acnlally exist. The passage oftinle must also be considered, and CITY recognizes that, due to natural occurrences or direct or indirect human activities at the site or distant from it, acnl3l conditions discovered may change. ClTY recognizes that nothing can be done to eliminate the risks associated with these limitations. . ARDEN.WPD 5 Rev. December 12, 1997