1984-07-18 Regular Meeting of La Porte City Council

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2.2. If the parties a~e, ENGINEER shall provide res~nt Project represen- ' tation under ENGINEER'S supervision which will be paid for by OWNER as indicated in Exhibit A "Further Description of Basic Engineering Services and Related Matters:' and which will be intended to assist ENGINEER in observing performance of Contractor(s) work, but will not involve ENGINEER in the construction means, methods, techniques, sequences or procedures or safety precautions or programs nor provide to OWNER any guarantee by ENGINEER of the accuracy, quality or timeliness of Contractor(s) performance. ~ ' SECTION 3 - OWNER'S RESPONSIBILITIES 3:1. OWNER shall provide all criteria and full information as to OWNER'S requirements for the Project; designate a person to act with authority on OWNER'S behalf in respect of all aspects of the Project; examine and respond promptly to ENGINEER'S submissions; and give prompt written notice to ENGINEER whenever he observes or otherwise becomes aware of any defect in the work. 3. 2. OWNER shall also do the following and pay..all costs incident thereto: * Furnish to ENGINEER core borings, probings and subsurface explorations,. hydrographic surveys, laboratory tests and inspections of samples; materials and equipment and similar data; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property., boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning .and deed restrictions; all of which ENGINEER may rely upon in performing his services. - * Guarantee access to and make all provisions for ENGINEER to enter upon public and private property. ~ Provide such legal, accounting, independent cost estimating.,and insurance. counseling services as may be required for the Project.;-any auditing service required in respect of Contractor(s) applications for payment, and, any inspectd.on services to determine if Contractor(s) are performing the work legally. * Provide field control surveys and fix reference points and base lines. ~ Furnish approvals and permits .from all governmental authorities having jurisdiction over the Project. 3.3. OWNER shall pay all costs incident to obtaining bids or proposals from Contractor(s). SECTION 4 - MEANING OF TERMS 4.1. As used herein the term "this Agreement" refers to the Letter Agreement to which these General Provisions are attatched and to these General Provisions and Exhibit A "Further Description of Basic Engineering Services and Related Matters", as if they were part of one and the same document. 4.2. The construction cost of the entire Project (herein referred to as "Const- ruction Cost") means the total cost of the entire Project to OWNER, but it will..not include ENGINEER's compensation and expenses, the cost of land, rights- of-way, or compensation fog or~:damages'to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project. When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER: Page 7 of 13