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(Section A - continued) <br />9. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make <br />recommendations for awarding contracts for construction. <br />10. The ENGINEER will review and approve, for conformance with the design concept, any necessary shop and working <br />drawings furnished by contractors. <br />11. The ENGINEER will interpret the intent of the drawings and specifications to protect-the OWNER against defects and <br />deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the per- <br />formance by any contractor. <br />12. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent <br />to the work as shown in the contract documents. <br />13. The ENGINEER will provide general engineering review of the work of the contractors as construction progresses to <br />ascertain that the contractor is conforming with the design concept. <br />14. Unless notified by the OWNER in writing that the OWNER will provide for resident inspection, the ENGINEER will <br />provide resident construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the contractor of <br />contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike <br />manner, shall not make the ENGINEER an insurer of the contractor's performance; and shall not impose upon the <br />ENGINEER any obligation to see that the work is performed in a safe manner. <br />15. The ENGINEER will cooperate and work closely with FmHA representatives. <br />16. The ENGINEER will review the contractor's applications for progress and final payment and, when approved, submit <br />same to the OWNER for payment. <br />17. The ENGINEER will prepare- necessary contract change orders for approval of the OWNER, FmHA, and others on a <br />t6nely basis. , <br />18. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all con- <br />struction and submit a written report to the OWNER and FmHA. Prior to submitting the final pay estimate, the ENGI- <br />NEER shall submit a statement of completion to and obtain the written acceptance of the facility from the OWNER <br />and FmHA. <br />19. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of <br />prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the <br />contractor during construction and reviewed by the resident inspector and from the resident inspector's construction <br />data. <br />20. If State statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. <br />21. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen <br />project operation difficulties for a period of one year after the date of statement of substantial completion of the <br />facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not <br />include supervision of normal operation of the system. Such consultation and advice shall be furnished without addi- <br />tional charge except for travel and subsistence costs. The ENGINEER will assist the OWNER in performing a review of <br />the project during the I Ith month after the date of the certificate of substantial completion. <br />22. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect <br />the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability in. <br />surance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage <br />which may arise from the performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S <br />functions and services required under this Agreement. <br />23. The services called for in the Section A-1 and A-2 of this Agreement shall be completed and the report submitted <br />within N/A calendar days from the date of authorization to proceed. After <br />acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written authorization from the <br />OWNER, the ENGINEER will complete final plans, specifications and contract documents and submit for approval <br />of the OWNER, FrnHA and all State. regulatory agencies within N/A <br />-calendar days from the date of authorization unless otherwise agreed to by both parties. <br />If the above is not accomplished within *the time period specified, this Agreement may be terminated by the OWNER. <br />The time for completion will be extended by the OWNER for a reasonable time if completion is delayed due to un- <br />foreseeable causes beyond the control and without the fault or negligence of the ENGINEER <br />-2- <br />