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<br />e <br /> <br />D. ENGINEER and OWNER shall comply with <br />applicable Laws or Regulations and OWNER-mandated <br />standards. This Agreement is based on these requirements <br />as of its Effective Date. Changes to these requirements <br />after the Effective Date of this Agreement may be the basis <br />for modifications to OWNER's responsibilities or to <br />ENGINEER's scope of services, times of performance, or <br />compensation. <br /> <br />E. OWNER shall be responsible for, and <br />ENGINEER may rely upon, the accuracy and completeness <br />of all requirements, programs, instructions, reports, data, <br />and other information furnished by OWNER to <br />ENGINEER pursuant to this Agreement. ENGINEER may <br />use such requirements, reports, data, and information in <br />performing or furnishing services under this Agreement. <br /> <br />F. OWNER shall make decisions and carry out its <br />other responsibilities in a timely manner and shall bear all <br />costs incident thereto so as not to delay the services of <br />ENGINEER <br /> <br />G. Prior to the commencement of the Construction <br />Phase, OWNER shall notify ENGINEER of any variations <br />from the language indicated in Exhibit E, "Notice of <br />Acceptability of Work," or of any other notice or <br />certification that ENGINEER will be requested to provide <br />to OWNER or third parties in connection with the Project. <br />OWNER and ENGINEER shall reach agreement on the <br />terms of any such requested notice or certification, and <br />OWNER shall authorize such Additional Services as are <br />necessary to enable ENGINEER to provide the notices or <br />certifications requested. <br /> <br />H. ENGINEER shall not be required to sign any <br />documents, no matter by whom requested, that would result <br />in the ENGINEER's having to certify, guarantee or warrant <br />the existence of conditions whose existence the <br />ENGINEER cannot ascertain. OWNER agrees not to make <br />resolution of any dispute with the ENGINEER or payment <br />of any amount due to the ENGINEER in any way <br />contingent upon the ENGINEER's signing any such <br />certification. <br /> <br />1. During the Construction Phase, ENGINEER shall <br />not supervise, direct, or have control over Contractor's <br />work, nor shall ENGINEER have authority over or <br />responsibility for the means, methods, techniques, <br />sequences, or procedures of construction selected by <br />Contractor, for safety precautions and programs incident to <br />the Contractor's work in progress, nor for any failure of <br />Contractor to comply with Laws and Regulations <br />applicable to Contractor's furnishing and performing the <br />Work. <br /> <br />J. ENGINEER neither guarantees the performance <br />of any Contractor nor assumes responsibility for any <br /> <br />e <br /> <br />Contractor's failure to furnish and perform the Work in <br />accordance with the Contract Documents. <br /> <br />K. ENGINEER shall not be responsible for the acts or <br />omissions of any Contractor(s), subcontractor or supplier, <br />or of any of the Contractor's agents or employees or any <br />other persons (except ENGINEER's own employees) at the <br />Site or otherwise furnishing or performing any of the <br />Contractor's work; or for any decision made on <br />interpretations or clarifications of the Contract Documents <br />given by OWNER without consultation and advice of <br />ENGINEER. <br /> <br />L. The General Conditions for any construction <br />contract documents are to be provided by the OWNER. <br /> <br />6.02 Authorized Project Representatives <br /> <br />A. Contemporaneous with the execution of this <br />Agreement, ENGINEER and OWNER shall designate <br />specific individuals to act as ENGINEER's and OWNER's <br />representatives with respect to the services to be performed <br />or furnished by ENGINEER and responsibilities of <br />OWNER under this Agreement. Such individuals shall <br />have authority to transmit instructions, receive information, <br />and render decisions relative to the Project on behalf of <br />each respective party. <br /> <br />6.03 Design without Construction Phase Services <br /> <br />A. Should OWNER provide Construction Phase <br />services with either OWNER's representatives or a third <br />party, ENGINEER's Basic Services under this Agreement <br />will be considered to be completed upon completion of the <br />Final Design Phase or Bidding or Negotiating Phase as <br />outlined in Exhibit A. <br /> <br />B. It is understood and agreed that if ENGINEER's <br />Basic Services under this Agreement do not include Project <br />observation, or review of the Contractor's performance, or <br />any other Construction Phase services, and that such <br />services will be provided by OWNER, then OWNER <br />assumes all responsibility for inteIpretation of the Contract <br />Documents and for construction observation or review and <br />waives any claims against the ENGINEER that may be in <br />any way connected thereto. <br /> <br />6.04 Use of Documents <br /> <br />A. All Documents are instruments of service in respect <br />to this Project, and ENGINEER shall retain an ownership <br />and property interest therein (including the right of reuse at <br />the discretion of the ENGINEER) whether or not the <br />Project is completed. <br /> <br />Standard Form of Agreement <br />Between Owner and Engineer for Professional Services <br />Page 4 of 12 <br />