2009-05-27 CC Packet - Laserfiche WebLink

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contacted. 6. AET shall contact State notification centers, where available, or individual utility owners where a State notification center is not available to request location of public underground utilities. 7. AET shall locate borings, excavations, or other penetrations such that they maintain a safe distance from known underground improvements. 8. The CITY must understand that, in the normal course of fieldwork, some damage to the site may occur. It is the responsibility of AET to take reasonable precautions to minimize such damage. It is AET's responsibility to patch bore holes placed through pavement or slab areas after performance of borings. Otherwise, restoration of the site is the responsibility of the CITY. 9. To the extent required by law, AET shall report to the CITY any contamination detected or of which AET becomes aware during the course of providing services on the project pursuant to this Agreement. Upon contamination detection, AET reserves the right to stop the work and renegotiate project fees. 10. Known or suspected hazardous material samples obtained by AET shall remain the property of the CITY. AET reserves the right to return such samples to the CITY. 11. AET shall be responsible for the safety of AET employees at the work site. B. Additional Services I. If authorized in writing by the CITY, AET shall provide within the time period stipulated in such authorization additional services which are not included as part of Basic Services. The nature of the additional work to be performed, the time in which it must be completed, and the amount of additional compensation shall be agreed upon by the parties prior to rendering the additional services. 2. If authorized in writing by the CITY, AET may perform future projects for the CITY pursuant to the terms of this Agreement. Such projects shall be authorized by the CITY in a "Letter Agreement" setting forth the scope of the work and fees. Such a letter agreement may not change any terms or conditions of this Agreement. AET may change its prices when entering into a new project for the CITY by a "Letter Agreement." However, entering into a future "Letter Agreement" with the CITY does not exempt AET or the CITY from applicable law related to awarding public contracts. SECTION II - THE CITY's RESPONSIBILITIES A. The CITY shall: 1. Make available to AET drawings, specifications, schedules, and other information, interpretation, and data which were prepared by the CITY, or it's consultants, and which the CITY and AET consider pertinent to AET's responsibilities hereunder, all of which AET may rely upon in performing services hereunder except as may be specifically provided in writing. 2. Provide AET information known by the CITY of possible site contamination concerns. 3. Make arrangements for safe and legal access to and make all provisions for AET to enter upon public and private property as required for AET to perform services under this Agreement. 4. Give prompt written notice to AET whenever the CITY observes or otherwise becomes aware of any development that in the CITY's determination may affect the scope or timing of AET services or any defect or non-conformance in the work of AET that may in the CITY's determination affect the project. ACS411 (09/02) ver2 . Page 2 of 6 44