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<br /> 2.10.2 By recommending any payment ENGINEER shall not thereby be deemed to have represented that on-site
<br /> observations made by ENGINEER to check the quality or quantity of Contractor's work as it is performed and
<br /> furnished have been exhaustive, extended to every aspect of the work in progress, or involved detailed inspections
<br /> of the work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract
<br /> Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor
<br /> ENGINEER's recommendation of any payment(including final payment) will impose on ENGINEER responsibility
<br /> to supervise, direct or control such work or for the means, methods, techniques, sequences or procedures of
<br /> construction or safety precautions or programs incident thereto, or Contractor's compliance with laws, rules,
<br /> regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. It will also
<br /> not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes
<br /> Contractor has used the monies paid on account of the Contract Price, or to determine that title to any of the work,
<br /> materials or equipment has passed to OWNER free and clear of any liens, claims, security interests or
<br /> encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the
<br /> amount that should be paid.
<br /> 2.11 Contractor's Completion Documents. ENGINEER shall receive, review and transmit to owner with written
<br /> comments maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance
<br /> required by the Contract Documents, certificates of inspection, tests and approvals, and marked-up record documents
<br /> (including Shop Drawings, Samples and other data and marked-up record Drawings) which are to be assembled by Contractor
<br /> in accordance with the Contract Documents to obtain final payment. ENGINEER's review of such documents will only be to
<br /> determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests
<br /> and approvals that the results certified indicate compliance with, the Contract Documents.
<br /> 2.12 Substantial Completion. Following notice from Contractor that Contractor considers the entire work ready for its
<br /> intended use, ENGINEER and OWNER, accompanied by Contractor, shall conduct an inspection to determine if the work is
<br /> substantially complete. If after considering any objections of OWNER, ENGINEER considers the work substantially
<br /> complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor.
<br /> 2.13 Final Notice of Acceptability of the Work. ENGINEER shall conduct a final inspection to determine if the
<br /> completed work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.
<br /> Accompanying the recommendation for final payment, ENGINEER shall also provide a notice in the form attached hereto as
<br /> Exhibit C (the "Notice of Acceptability of Work") that the work is acceptable to the best of ENGINEER's knowledge,
<br /> information and belief and based on the extent of the services performed and furnished by ENGINEER under this Agreement.
<br /> 2.14 Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or
<br /> of any subcontractor, any supplier, or of any other person or organization performing or furnishing any of the work.
<br /> ENGINEER shall not be responsible for Contractor's failure to perform or furnish the work in accordance with the Contract
<br /> Documents.
<br /> SECTION 3 - ADDITIONAL SERVICES OF ENGINEER
<br /> 3.1 Additional Services Requiring Authorization in Advance
<br /> If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services not included in
<br /> Exhibit A for compensation to be negotiated between the parties.
<br /> SECTION 4- OWNER'S RESPONSIBILITIES
<br /> Except as otherwise provided in Exhibit A, OWNER shall do the following in a timely manner so as not to delay the services
<br /> of ENGINEER and shall bear all costs incident thereto:
<br /> 4.1 OWNER's representative with respect to the services to be performed or furnished by ENGINEER under this
<br /> Agreement is hereby designated as Mary Saarion. Said person will have complete authority to transmit instructions, receive
<br /> information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project.
<br /> 4.2 OWNER agrees to provide ENGINEER with all known information, conditions, standards, criteria and objectives
<br /> which affect the services, and ENGINEER shall be able to rely on the accuracy of such information.
<br /> 4.3 OWNER agrees to provide ENGINEER with access to the site, if necessary to complete ENGINEER's services.
<br /> MOUNDSV.JH Rev. November 21, 1995
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