HomeMy WebLinkAboutVIII-12 Authorize Signature - Phase 1 Environmental Assessment of 1292 North Frontage Road City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director
Date: January 6, 2025
Item: Accept Proposal and Authorize Work – Conduct Phase I Environmental Assessment of 1292
North Frontage Road
Council Action Requested:
The Council is requested to authorize a contract with WSB for conducting a Phase I Environmental Site
Assessment (ESA) of 1292 North Frontage Road.
Background Information:
The City has a purchase agreement to acquire 1292 North Frontage Road to construct the Central Water
Treatment Plant (WTP No. 2) for PFAS removal. A Phase I is recommended prior to the purchase of the
property by the City. A Phase I is also required to enroll in the MPCA Brownfields Program to obtain the
desired liability assurances from contamination that may be present on the site. 1292 North Frontage
Road does have a documented petroleum leak from the former filling station at this site (Auto Stop).
The Phase I ESA will include a regulatory file review of this environmental issue in addition to historical
records review, interviews, and site reconnaissance. Opinions of next steps to address environmental
concerns as needed will be included in the reporting. A Phase I ESA was not obtained by the current
property owner. Once authorized, WSB estimates a draft report to be provided within four weeks.
Financial Impact:
The lump sum cost of $5,985 for these services will be fully reimbursed by the MPCA Planning and
Design Grant.
Attachments:
WSB Proposal for Phase I Environmental Site Assessment
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December 18, 2024
Ryan Stempski
City of Hastings – Public Works
1225 Progress Drive
Hastings, MN 55033
RE: Scope of Work and Budget – Phase I Environmental Site Assessment
1292 North Frontage Road
Hastings, Minnesota 55033
Dear Mr. Stempski:
As requested, outlined below is a scope of work and cost estimate to complete a Phase I
Environmental Site Assessment (ESA) for the above-referenced property, totaling approximately
0.83 acres and consisting of Dakota County Parcel 19-02900-05-010 (Subject Property).
Based on the Dakota County parcel database, the Subject Property parcel is currently owned by
Jocor Holdings LLC. WSB LLC (WSB) understands the City of Hastings (City) is in the process of
acquiring the Subject Property and the Subject Property is currently occupied by a pizzeria and
was formerly occupied by a fueling station. The Phase I ESA will be performed in general
compliance with the ASTM E1527-21 Standard Practice for Environmental Site Assessments.
The following items will be performed as part of the Phase I ESA:
HISTORICAL RECORDS REVIEW
WSB will obtain federal and state regulatory database information for the Subject Property from a
commercial regulatory vendor to evaluate for potential environmental conditions. This review will
not include a detailed review of all listings identified in the regulatory database search, but rather
will focus on listings which have the potential to result in a recognized environmental condition
(REC). The following historical records will be reviewed:
• Sanborn Fire Insurance Maps
• Historical Aerial Photographs
• City Directories
• Historical Topographic Maps
• Federal EPA-listed sites including NPL, CERCLIS, RCRA, and ERNS
• State MPCA-listed sites including UST, LUST, MERLA, VIC, spills, landfills, and others
• Regulatory file reviews will be conducted per ASTM E 1527-21 (if required)
INTERVIEWS
WSB will conduct interviews with Subject Property representatives (via phone or in person)
regarding past and current Subject Property use activities. The entity relying on the Phase I ESA
will complete a User Questionnaire provided by WSB. The owner of the Subject Property will be
requested to complete an Owner Questionnaire. The following representatives may be contacted
and interviewed (if available/warranted):
• Current or past Subject Property owners
• Current Subject Property management or maintenance staff
• City building and inspection department
• City fire department
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Mr. Ryan Stempski
December 18, 2024
Page 2
SITE RECONNAISSANCE
WSB will make a direct visual inspection of the Subject Property and adjoining properties. All
Subject Property areas will be accessed as part of the site reconnaissance, including the interior
of the current building. Areas deemed unsafe for access will not be accessed by WSB during the
site reconnaissance. The adjoining properties will be viewed from the public right-of-way areas.
The site reconnaissance will include observation and documentation of the following:
• Location of visible aboveground or underground storage tanks
• Location of chemical or hazardous material storage
• Location of water bodies (if present)
• Condition of vegetation and exposed soils
• General parcel topography
• Photographic documentation
• Evidence of methamphetamine manufacturing labs
REPORTING
WSB will summarize the results of the Phase I ESA in a final documentation report. This task
does not include those items considered non-scope by ASTM Standard E1527-21 including
asbestos, lead-based paint, radon, lead in drinking water, wetlands, regulatory compliance,
cultural/historic resources, industrial hygiene, indoor air quality, biological agents, or mold
sampling and analysis. The report will be completed in accordance with the ASTM E1527-21
Standard and shall include the following:
• Supporting documentation upon which the findings and opinions are based
• Scope of services performed
• A “findings” section which will detail any RECs identified by the assessment
• The opinion of the environmental professional
• Any conclusions drawn from the assessment
ASSUMPTIONS
The following items are assumed for this scope of work:
• Subject Property access, including the interior of the current building will be facilitated by
the City or the current property owner.
• Completion of the Subject Property Owner questionnaire will be facilitated by the City.
• Based on available information, the following MPCA regulatory file reviews will be
required:
o Petroleum Remediation - Leak Site LS0016266 – Subject Property
o Underground Tanks TS0001400 – Subject Property
o If additional regulatory file reviews are needed (based upon additional findings)
those files will be reviewed for an additional $400 per file.
• Previous provided environmental assessment/investigation reports completed for the
Subject Property will be reviewed as part of this assessment (if available).
• An Environmental Lien and Activity and Use Limitations (AULs) search will not be
completed by WSB as part of this scope.
• The City will provide one review/comment of the Phase I ESA report.
• If a Phase I ESA reliance letter is needed, the cost is $500 per reliance letter. If
additional “relying parties” beyond one are to be included on the reliance letter, the cost is
$500 extra per party/entity.
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Mr. Ryan Stempski
December 18, 2024
Page 3
BUDGET AND SCHEDULE
The budget to perform the above-described Phase I ESA is a lump sum fee of $5,985. If
additional work is required beyond this scope, WSB will provide those services on a time and
materials basis following approval from the City in accordance with the 2025 rate schedule. Upon
authorization, the Phase I ESA will be initiated immediately, and a draft report will be provided
within four weeks of authorization.
ACCEPTANCE
This proposal represents our understanding of the project scope. All work completed through this
proposal will be governed by the enclosed General Contract Provisions. If the scope and fee are
acceptable, please sign on the space provided and return one copy to WSB. We are available to
begin work once we receive signed authorization.
WSB appreciates the opportunity of being considered for this project and we look forward to
providing our professional services to you. If you have any questions about this proposal, please
feel free to contact Peter Moore at pmoore@wsbeng.com or 612-248-7007.
Sincerely,
WSB
Ben Fehr Peter J. Moore, PG
Project Manager Senior Project Manager
__________________________________________________________________
Enclosures
WSB General Contract Provisions
SIGNATURE
I hereby authorize the above scope of work, schedule, and cost.
_________________________________________
Name (Print)
_________________________________________
Signature
_________________________________________
Date
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
Page 1
WSB LLC
EXHIBIT A
GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR
ASSESSMENT
ARTICLE 1 – PERFORMANCE OF THE WORK
Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily
exercised by members of Consultant’s profession practicing under similar circumstances at the same time
and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or
otherwise, in connection with its services.
ARTICLE 2 – ADDITIONAL SERVICES
If the Client requests that the Consultant perform any services which are beyond the scope as set forth in
the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside
of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional
services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both
compensation and time to perform.
ARTICLE 3 – SCHEDULE
Unless specific periods of time or dates for providing services are specified in a separate Exhibit,
Consultant’s obligation to render services hereunder will be for a period which may reasonably be required
for the completion of said services. The Client agrees that Consultant is not responsible for damages
arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of this
Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather
disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or
failure to act in a timely manner by any government agency; actions or failure to act by the Client or the
Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If
the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform
its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable
adjustment in schedule and compensation.
ARTICLE 4 – JOBSITE SAFETY
Neither the professional activities of the Consultant, nor the presence of the Consultant or its employees
and subconsultants at a construction/project site, shall impose any duty on the Consultant, nor relieve the
general contractor of its obligations, duties and responsibilities including, but not limited to, construction
means, methods, sequence, techniques or procedures necessary for performing, superintending and
coordinating the work in accordance with the contract documents and any health or safety precautions
required by any regulatory agencies. The Consultant and its personnel have no authority to exercise any
control over any construction contractor or its employees in connection with their work or any health or
safety programs or procedures. The Client agrees that the general contractor shall be solely responsible
for jobsite and worker safety and warrants that this intent shall be carried out in the Client's contract with
the general contractor.
ARTICLE 5 – OPINIONS OF PROBABLE COST
Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian considerations of operations and maintenance costs,
collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the
Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced
and qualified professional design firm. The parties acknowledge, however, that the Consultant does not
have control over the cost of labor, material, equipment or services furnished by others or over market
conditions or contractor’s methods of determining their prices, and any evaluation of any facility to be
constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary.
Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from
opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility
for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
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accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client
shall employ an independent cost estimator as part of its Project responsibilities.
ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE
All documents, including reports, drawings, calculations, specifications, CADD materials, computers
software or hardware or other work product prepared by Consultant pursuant to this Agreement are
Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of
Service, including copyrights. The Instruments of Service are not intended or represented to be suitable
for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents
that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are
signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of
Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole
risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic
files.
If requested, at the time of completion or termination of the work, the Consultant may make available to the
Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and
expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under
this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written
consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the
Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising
from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation.
The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any
claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising
out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person
or entity that acquires or obtains the reports, plans and specifications from or through the Client without the
written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be
deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of
merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any
consent, verification or adaption of the Instruments of Service for extensions of the Project or any other
project.
ARTICLE 7 – PAYMENTS
Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is
entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the
invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the
date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course,
and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from
the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum
amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service
until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by
Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant
shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees,
incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving
seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment
for all amounts then due for services, expenses and charges.
ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS
If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the
Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the
Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that
the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance
of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or
continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Client to substantiate the
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
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Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its
Work.
If the Scope of Work includes Consultant’s review and approval of submittals from the Contractor, such
review shall be for the limited purpose of checking for conformance with the information given and the
design concept. The review of submittals is not intended to determine the accuracy of all components, the
accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in
construction, and those responsibilities remain exclusively with the Client’s contractor.
ARTICLE 9 – HAZARDOUS MATERIALS
Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and
agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or
disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are
defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and
which may be found or identified on any Project which is undertaken by Consultant.
The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from
and against any and all claims, losses, damages, liability and costs, including but not limited to costs of
defense, arising out of or in any way connected with, the presence, discharge, release, or escape of
hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not
apply to such liability as may arise out of Consultant’s sole negligence in the performance of services under
this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants
specifically identified by the Client and included within Consultant’s services to be provided under this
Agreement.
ARTICLE 10 – INSURANCE
Consultant has procured general and professional liability insurance. On request, Consultant will furnish
client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable
policy limits.
ARTICLE 11 – TERMINATION OR SUSPENSION
If Consultant’s services are delayed or suspended in whole or in part by Client, or if Consultant’s services
are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant,
Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its
option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in
this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things,
such delay or suspension and reactivation and the fact that the time for performance under this Agreement
has been revised.
This Agreement may be terminated by either party upon seven (7) days written notice should the other
party fail substantially to perform in accordance with its terms through no fault of the party initiating the
termination. In the event of termination Consultant shall be compensated for services performed prior to
termination date, including charges for expenses and equipment costs then due and all termination
expenses.
This Agreement may be terminated by either party upon thirty (30) days’ written notice without cause.
Consultant shall upon termination only be entitled to payment for the work performed up to the Date of
termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data
files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium
whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining
to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client
upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating
responsibility or liability between the Client and Consultant shall survive the completion of the services
hereunder and/or the termination of this Agreement.
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
Page 4
ARTICLE 12 – INDEMNIFICATION
The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the
extent caused by the Consultant’s negligence or willful misconduct.
The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the
extent caused by the Client’s negligence or willful misconduct.
ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither
the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or
subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way to the Project or to this Agreement. This
mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss
of business, loss of income, loss of reputation and any other consequential damages that either party may
have incurred from any cause of action including negligence, strict liability, breach of contract and breach
of strict or implied warranty. Both the Client and the Consultant shall require similar waivers of consequential
damages protecting all the entities or persons named herein in all contracts and subcontracts with others
involved in this project. This mutual waiver shall apply even if the damages were foreseeable and regardless
of the theory of recovery plead or asserted.
ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY
It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s
employees, officers or directors to any personal legal exposure for the risks associated with this Agreement.
Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the
Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against
Consultant, and not against any of Consultant’s individual employees, officers or directors.
ARTICLE 15 – ASSIGNMENT
Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the
Agreement nor any claims that may arise from services or payments due under the Agreement without the
written consent of the other Party. Any assignment in violation of this provision shall be null and void.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of
Consultant and Client and there are no other intended beneficiaries of this Agreement.
ARTICLE 16 – CONFLICT RESOLUTION
In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Client and Consultant agree that all disputes between them arising out of
or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal
legal proceedings.
ARTICLE 17 – CONFIDENTIALITY
The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the
Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any
data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These
provisions shall not apply to information in whatever form that comes into the public domain, nor shall it
restrict the Consultant from giving notices required by law or complying with an order to provide information
or data when such order is issued by a court, administrative agency or other authority with proper
jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or
defend itself from any suit or claim.
ARTICLE 18 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total
liability, in the aggregate, of the Consultant and the Consultant's officers, directors, partners, employees
and subconsultants, and any of them, to the Client and anyone claiming by or through the Client, for any
and all claims, losses, costs or damages, including attorneys' fees and costs and expert-witness fees and
costs of any nature whatsoever or claims expenses resulting from or in any way related to the project or
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
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the Agreement from any cause or causes shall not exceed $20,000. It is intended that this limitation apply
to any and all liability or cause of action, including without limitation active and passive negligence however
alleged or arising, unless otherwise prohibited by law. In no event shall the Consultant’s liability exceed the
amount of available insurance proceeds.
ARTICLE 19 – CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising
out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence
or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of
Minnesota.
ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS
Where requested by Client, Consultant will perform customary research to assist Client in locating and
identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from
the Client and information provided by local utilities related to structures or utilities and will not be liable for
damages incurred where Consultant has complied with the standard of care and acted in reliance on that
information. The Client agrees to waive all claims and causes of action against the Consultant for claims
by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or
damages to underground improvements resulting from subsurface penetration locations established by the
Consultant.
ARTICLE 21 – ACCESS TO SITE
Client shall arrange and provide such access to the site as is necessary for Consultant to perform the work.
ARTICLE 22 - SAMPLE DISPOSAL
All environmental samples (“Samples”) collected by Consultant are sent to and analyzed by a third-party
laboratory, and all such Samples shall be disposed of according to the third-party laboratory’s policies.
ARTICLE 23 – EXPERT WITNESS AND SUBPOENA FEES
Consultant shall not be retained as an expert witness except by separate, written agreement. The Client
agrees to pay Consultant’s costs to respond to any subpoena related to the work performed under this
Agreement, including attorneys’ fees and administrative costs.
Article 24 – FIDUCIARY RELATIONSHIP
Client agrees that this neither Agreement nor the services Consultant is providing under this Agreement
creates a fiduciary relationship between Consultant and Client.
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