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City of Decatur <br /> STRAND Page 4 <br /> ASSOCIATES. INC'ID June 10, 2011 <br /> E N G I N E E R S <br /> Standard of Care <br /> The Standard of Care for all Services performed or furnished by ENGINEER under this <br /> Agreement will be the care and skill ordinarily used by members of ENGINEER's <br /> profession practicing under similar circumstances at the same time and in the same <br /> locality. ENGINEER makes no warranties, express or implied, under this Agreement or <br /> otherwise, in connection with ENGINEER's Services. <br /> OWNER's Responsibilities <br /> 1. Assist ENGINEER by placing at ENGINEER's disposal all available information <br /> pertinent to the Task Order-specified project including previous reports, previous <br /> drawings and specifications, and any other data relative to the scope of the Task <br /> Order-specified project. <br /> 2. Furnish to ENGINEER, as required by ENGINEER for performance of Services <br /> as part of this Agreement, data prepared by or services of others obtained or <br /> prepared by OWNER relative to the scope of the Task Order-specified project, <br /> such as soil borings, probings and subsurface explorations, and laboratory tests <br /> and inspections of samples, all of which ENGINEER may rely upon in <br /> performing Services under this Agreement. <br /> 3. Provide access to the site as required for ENGINEER to perform Task <br /> Order-specified project Services under this Agreement. <br /> 4. Guarantee access to and make all provisions for ENGINEER to enter upon public <br /> and private lands as required for ENGINEER to perform Task Order-specified <br /> project Services under this Agreement. <br /> 5. Examine all reports, sketches, estimates, special provisions, drawings, and other <br /> documents presented by ENGINEER and shall render, in writing, decisions <br /> pertaining thereto within a reasonable time so as not to delay the performance of <br /> ENGINEER. <br /> 6. Provide all legal services as may be required for the development of the Task <br /> Order-specified project. <br /> 7. Retain the services of a soils consultant to provide any necessary geotechnical <br /> evaluation and recommendations. <br /> Opinion of Probable Cost <br /> Any opinions of probable cost prepared by ENGINEER are supplied for general <br /> guidance of OWNER only. ENGINEER has no control over competitive bidding or <br /> market conditions and cannot guarantee the accuracy of such opinions as compared to <br /> contract bids or actual costs to OWNER. <br /> BLH:mro:dlh\R:\MAD\Documents\Agreements\D\Decatur,City of(IL)`,TSA 2011-2013\Aln\1624.1 10.docx <br />