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1991-04-10 Resolution 39
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1991-04-10 Resolution 39
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<br /> <br />as it is furnished and performed beyond the respon- <br />sibilities specifically assigned to ENGINEER in this <br />Agreement and. the Contract Documents. ENGI- <br />NEER'S review of Contractor(s)' wprk for the pur- <br />poses of recommending payments will not impose on <br />ENGINEER responsibility to supervise, direct or <br />control such work or for the means, methods, tech-., ; <br />niques, sequences, or procedures of construction or <br />safety precautions or programs incident thereto or <br />Contractor(s) compliance with laws, rules, regula- <br />tions, ordinances, codes or orders applicable to their <br />furnishing and performing the work. It will also not <br />impose responsibility on ENGINEER to make any <br />examination to ascertain how or for what purposes <br />any Contractor has used the moneys paid on account <br />of the Contract Price, or to determine that title to <br />any of the work, materials or equipment has passed <br />to O WNER free and clear of any lien, claims, security <br />interests or encumbrances, or that there may not be <br />other matters at issue between OWNER and CON- <br />TRACTOR that might affect the amount that should <br />be paid. <br />1.6.10. Contractor(s)' Completion Documents. ENGI- <br />NEER shall receive and review maintenance and oper- <br />sting instructions, schedules, guarantees, bonds and <br />certificates of inspection, tests and approvals which are <br />to be assembled by Contractor(s) in accordance with <br />the Contract Documents (but such review will only be <br />to determine that their content complies -with the <br />requirements of, and in the case of certificates of inspec- <br />tion, tests and approvals the results certified indicate <br />compliance with, the Contract Documents); and shall <br />transmit them to OWNER with written comments. <br />1.6.11. Inspections. ENGINEER shall conduct. an <br />inspection to determine if the work is substantially <br />complete and a final inspection to determine if the com- <br />pleted work is acceptable so that ENGINEER may <br />recommend, in writing, final payment to Contractor(s) <br />and may give written notice to OWNER and the Con- <br />tractor(s) that the work is acceptable (subject to any <br />conditions therein expressed), but any such recom- <br />mendation and notice will be subject to the limitations <br />expressed in paragraph 1.6..9.2. <br />1.6.12. Limitation of Responsibilities. ENGINEER shall <br />not be responsible for the acts or omissions of any <br />Contractor, or of any subcontractor or supplier, or any <br />of the Contractor(s)' or subcontractor's or supplier's <br />agents or employees or any other persons (except <br />ENGINEER•s own employees and agents) at the site <br />or otherwise furnishing or performing any of the Con- <br />tractor(s}' work; however, nothing contained in para- <br />graphs 1.6.1 thru 1.6.1 ( inclusive, shall be construed <br />to release ENGINEER from liability for failure to prop- <br />erly pe~•form duties and responsibilities assumed by <br />ENGINEER in the Coaxtract I?ocuments. <br />1.7. Operational Phase. <br />During the Operational Phase, ENGINEER shall, when <br />requested`by t)V1rNER: <br />1.7. I . Provide assistance in the closing of any financial <br />or related transaction for the Project. <br />1.7.2. Provide assistance in connection with the refin- <br />ing and adjusting of any equipment or system. <br />1.7.3. Assist OWNER in training OWNER'S staff to <br />operate and maintain the Project. <br />1.7.4. Assist OWNER in developing systems and pro- <br />cedures for control of the operation and maintenance <br />of and record keeping for the Project. <br />1.7.5. Prepare a set of reproducible record. prints of <br />Drawings showing those changes made during the Con- <br />structionprocess, based on the marked-up prints, draw- <br />ingsand other data furnished by Contractor(s) to ENGI- <br />NEER and which ENGINEER considers significant. <br />1.7.6. In company with OWNER, visit the Project to <br />observe any apparent defects in the completed con- <br />struction, assist OWNER in consultations and discus- <br />sionswith Contractor(s) concerning correction. of such <br />deficiencies, and make recommendations as to replace- <br />ment or correction of defective work. <br />The duties and responsibilities of ENGINEER during <br />the. Operational Phase are amended and supplemented <br />as indicated in paragraph 7 of Exhibit A "Further <br />Description of Basic Engineering Services and Related <br />Matters". <br />SECTION 2-ADDITIONAL SERVICES OF <br />ENGINEER <br />2.1. Services Requiring Authorization in Advance. <br />If authorized in writing by OWNER, ENGINEER shall <br />furnish or obtain from others Additional Services of <br />the types listed in paragraphs ?.1.1 through ?.1.14, <br />inclusive. These services are not included as part of <br />Basic Services except to the extent provided otherwise <br />in Exhibit A "Further Description of Basic Engineering <br />Services and Related Iv9atters": these will he paid for <br />by OWNER as indir~ted in Section 5. <br />Page J cif ~_ ~agc5 <br />
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