1991-04-10 Resolution 39 - Laserfiche WebLink

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as it is furnished and performed beyond the respon- sibilities specifically assigned to ENGINEER in this Agreement and. the Contract Documents. ENGI- NEER'S review of Contractor(s)' wprk for the pur- poses of recommending payments will not impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, tech-., ; niques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regula- tions, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to O WNER free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between OWNER and CON- TRACTOR that might affect the amount that should be paid. 1.6.10. Contractor(s)' Completion Documents. ENGI- NEER shall receive and review maintenance and oper- sting instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies -with the requirements of, and in the case of certificates of inspec- tion, tests and approvals the results certified indicate compliance with, the Contract Documents); and shall transmit them to OWNER with written comments. 1.6.11. Inspections. ENGINEER shall conduct. an inspection to determine if the work is substantially complete and a final inspection to determine if the com- pleted work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER and the Con- tractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recom- mendation and notice will be subject to the limitations expressed in paragraph 1.6..9.2. 1.6.12. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGINEER•s own employees and agents) at the site or otherwise furnishing or performing any of the Con- tractor(s}' work; however, nothing contained in para- graphs 1.6.1 thru 1.6.1 ( inclusive, shall be construed to release ENGINEER from liability for failure to prop- erly pe~•form duties and responsibilities assumed by ENGINEER in the Coaxtract I?ocuments. 1.7. Operational Phase. During the Operational Phase, ENGINEER shall, when requested`by t)V1rNER: 1.7. I . Provide assistance in the closing of any financial or related transaction for the Project. 1.7.2. Provide assistance in connection with the refin- ing and adjusting of any equipment or system. 1.7.3. Assist OWNER in training OWNER'S staff to operate and maintain the Project. 1.7.4. Assist OWNER in developing systems and pro- cedures for control of the operation and maintenance of and record keeping for the Project. 1.7.5. Prepare a set of reproducible record. prints of Drawings showing those changes made during the Con- structionprocess, based on the marked-up prints, draw- ingsand other data furnished by Contractor(s) to ENGI- NEER and which ENGINEER considers significant. 1.7.6. In company with OWNER, visit the Project to observe any apparent defects in the completed con- struction, assist OWNER in consultations and discus- sionswith Contractor(s) concerning correction. of such deficiencies, and make recommendations as to replace- ment or correction of defective work. The duties and responsibilities of ENGINEER during the. Operational Phase are amended and supplemented as indicated in paragraph 7 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". SECTION 2-ADDITIONAL SERVICES OF ENGINEER 2.1. Services Requiring Authorization in Advance. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs ?.1.1 through ?.1.14, inclusive. These services are not included as part of Basic Services except to the extent provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Iv9atters": these will he paid for by OWNER as indir~ted in Section 5. Page J cif ~_ ~agc5