2011-014 RES ACCEPTING PROPOSAL OF HAYTER ENGINEERING INC FOR TEXAS DEPT OF AGRICULTURE MAIN STREET PROGRAM FOR SIDEWALK IMPROVEMENTS

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examinations to check the quality or quantity of CONTRACTOR'S work as it is furnished, beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the contract documents. ENGINEER'S review of CONTRACTOR'S work for the purpose of recommending payments will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the monies paid on account of the contract price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between CITY and CONTRACTOR that might affect the amount that should be paid. 2.5.8 Inspections ENGINEER shall conduct an inspection to determine if the work is substantially complete, and a final inspection to determine if the completed work is acceptable, so that ENGINEER may recommend final payment to CONTRACTOR. Any such recommendation is subject to the limitations expressed earlier herein. 2.5.9 Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR, or its subcontractor, supplier, or any of the CONTRACTOR'S or subcontractor's suppliers, agents or employees, or any other persons (except ENGINEER'S own employees and agents) at the site or otherwise furnishing or performing any of the CONTRACTOR'S work; however, nothing contained in this section shall release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the contract documents. SECTION 2.6 - ADDITIONAL ENGINEERING SERVICES The following "additional services" are known to be required at the time of this agreement, and are authorized at lump sum amounts. Any other "additional services" which may be added at OWNER'S request will be paid for as additional services in accord with Section 3b. 2.6.1 Bid and Award - Beyond basic fee services specified elsewhere herein, ENGINEER will print and distribute all sets of drawings and addendums required; maintain a list of prospective bidders; distribute any addenda required; provide drawings and specifications to contractor plan rooms; and attend a pre-bid conference if one is deemed advisable. Further, ENGINEER will prepare the necessary sets of documents for contract execution; work with CONTRACTOR and CITY to execute same; submit executed documents for approval to City Attorney and any funding agencies requiring document review; and distribute executed documents. The lump sum fee for this service is $2,250. 8