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precautions and programs inciden toe work of CONTRACTOR(S) or for any failure of CONTRACTOR(S) to comply with laws, rules, regulations, ordinances, codes or orders applicable to CONTRACTOR(S) furnishing and performing their work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by CONTRACTOR(S), nor assume responsibility for CONTRACTOR(S) failure to furnish and perform their work in accordance with the contract documents. this Section 1. 2.5.3. Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR(S), or of any subcontractor or 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 Section 1.6. shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the contract documents. � •-11 it WE The Engineer shall provide the following services, with compensation as indicated by Section: Sec 2.6.1 Environmental Review Prepare environmental assessment, in a form consistent with TxDOT requirements. Coordinate environmental clearance procedures with other interested parties. Document consideration of any public comments. Prepare required Phase I Site assessment, per applicable federal standards. Compensation shall be per Section 3 (b) hereof. Sec 2.6.2 Contract Award Assist OWNER in obtaining bid proposals for each separate prime contract for construction, including advertising for competitive bids, and consulting with prospective construction contractors as to the intent of plans and specifications. Assist OWNER in determining the acceptability of subcontractors and others proposed by the prime contractor. Consult with and advise OWNER as to the acceptability of substitute materials and equipment proposed by the construction contractor. Assist OWNER in evaluating competitive bids and in assembling and awarding contracts. ENGINEERS fee shall be per Section 3 (b) hereof. Section 2.6.3 Property and Design Surveys OWNER will provide property surveys for all sites and easements acquired for the project. ENGINEER will provide all surveys needed for design and drawing of the proposed improvements. ENGINEERS fee for design surveys will be $3,000. ENGINEER will , at OWNERS request, provide property surveys with compenstation payable per Section 3(b) hereof. Page 9 of 14