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1.4 TASK 4 - ENVIRONMENTAL SERVICES <br />The Engineer will: <br />1.4.1 Conduct a jurisdictional determination for the Project site in order to determine <br />applicability of the regulations promulgated under the Clean Water Act and Rivers and Harbors <br />Act for navigable waters of the United States to include the following: <br />a) A field investigation in accordance with guidelines set forth in the Code of Federal <br />Regulations and guidance published by the United States Army Corps of Engineers <br />(USACE) in order to evaluate jurisdictional criteria including, but not limited to: <br />1) Susceptibility for use of the channel to transport commerce: <br />2) Identification of the ordinary high water mark to establish the boundaries of <br />jurisdiction; and <br />3) The identification of associated wetlands. <br />b) Completion of the USACE approved Jurisdictional Determination Form following <br />instructions provided in Section IV of the JD Form Instructional Guidebook. <br />1.5 ADDITIONAL SERVICES/CHANGE IN SERVICES <br />1.5.1 Since the Engineer's compensation is a fixed fee for Basic Services, including minor <br />deviations from those described in this Agreement, compensation to the Engineer for Additional <br />Services will only be for substantial deviations from the scope of services described in this <br />Agreement. The Engineer will submit a written estimate of fees to the City and obtain the City's <br />authorization before initiating any additional services. The following are specifically considered <br />to be additional services: <br />a) The provision of a Phase I Environmental Site Assessment ("ESA"); <br />b) A Traffic Study; and <br />C) A Geotechnical Study for Pavement Design. <br />1.5.2 Each material change (deletion or addition) in the services to be provided by Engineer <br />must be authorized by the City on the Authorization of Change in Services form attached to this <br />Agreement as Attachment A. Compensation for additional services will be in addition to that <br />specified for Basic Services in accordance with Section 13.3 of this Agreement. The approval of <br />the City's governing body is necessary for all additional services the compensation for which <br />exceeds $50,000.00. <br />ARTICLE 2 <br />THE CITY'S RESPONSIBILITIES <br />The City will: <br />2.1 Provide full information to the Engineer regarding the City's requirements for the <br />Bain Medina Bain - Victory Gardens Agreement <br />6