R2000-221 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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I. During the Construction Phase,ENGINEER shall not supervise, direct or have control over Contractor's work,nor shall ENGINEER have authority over or responsibility for the means, methods,techniques,sequences,or procedures of construction selected by Contractor,for safety precautions and programs incident to the Contractor's work in progress,nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. J. ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. K. ENGINEER shall not be responsible for the acts or omissions of any Contractor(s),subconiractor or supplier,or any of the Contractor's agents or employees or any other persons(except ENGINEER's own employees)at the Site or otherwise furnishing or performing any of the Contractor's work;or for any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER. L. The General Condirions for any construction contract docuxnents prepared hereunder are to be the "Standard General Conditions of the Consirucrion Contract"as prepared by the Engineers Joint Contract Documents Committee(Document No. 1910-8, 1996 Edirion)unless both parties mutually agree to use other General Condirions as specifically referenced in Eathibit J. 6.02 Authorized Project Representatives A. Contemporaneous with the execution of this Agreement,ENGINEER and OWNER shall designate specific individuals to act as ENGINEER's and OWNER's representarives with respect to the services being performed or furnished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions,receive information,and render decisions relarive to the Project on behalf of each respective party. 6.03 Design without Construction Phase Services A. Should OWNER provide Consirucrion Phase services with either OWNER's representatives or a third party,ENGINEER's Basic Services under this Agreement will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase as outlined in Exhibit A. B. It is understood and agreed that if ENGINEER's Basic Services under this Agreement do not include Project observation,or review of the Coniractor's performance,or any other Construcrion Phase services, and that such services will be provided by OWNER,then OWNER assumes all responsibility for interpretation of the Contract Documents and for construcrion observation or review and waives any claims against the ENGINEER that may be in any way connected thereto. 6.04 Use of Documents A. All Documents are instruments of service in respect to this Project,and ENGINEER shall retain an ownership and property interest therein(including the right of reuse at the discretion of the ENGINEER)whether or not the Project is completed. B. Copies of OWNER-furnished data that may be relied upon by ENGINEER are limited to the printed copies(also lrnown as hard copies)that are delivered to ENGINEER pursuant to Exhibit B. Files in electronic media format of text,data,graphics,or of other types that are furnished by OWNER to ENGINEER are only for convenience of ENGINEER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. C. Copies of Docuxnents that may be relied upon by OWNER are limited to the printed copies(also known as hard copies)that are signed or sealed by the ENGINEER. Files in electronic media format of text,data,graphics,or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Standard Form of Agreement Between Owner and Engineer for Professional Services 6