Common use of OWNER’S RESPONSIBILITIES Clause in Contracts

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. Engineer shall rely on information provided without verification unless otherwise agreed to in Appendix A. Owner shall notify of any known or potential health or safety hazards existing at or near the project site. (d) Assist in arranging Arrange for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) If Engineer’s scope of work includes services during construction, Owner will approve acceptable draft language prepared by Engineer for inclusion in Owner’s contract with the construction contractor which require the construction contractor to indemnify and hold harmless Engineer, its officers, employees, agents, and consultants against claims, suits, demands, liabilities, losses, damages, and costs, including reasonable attorneys' fees and all other costs of defense, arising out of the performance of the work of the contractor, breach of contract, or willful misconduct of the contractor or its subcontractors, employees, and agents. Owner will approve acceptable draft language prepared by Engineer for inclusion in Owner’s contract with the construction contractor which require (a) the contractor to name Engineer, its directors, officers and employees as additional insureds on the contractor's general liability insurance and/or Owner’s and Contractor's Protective policy (OCP), and any builder's risk, or other property insurance purchased by Client or the contractor to protect work in progress or any materials, supplies, or equipment purchased for installation therein; and (b) the contractor to furnish contractor’s certificates of insurance evidencing that Engineer, its officers, employees, agents, and consultants are named as additional insureds on contractor’s general liability and property insurance applicable to the Project. Contractor’s policies shall be primary and any such insurance carried by the Engineer shall be excess and noncontributory. The certificates shall provide that Engineer be given 30 days' written notice prior to any cancellation thereof. (i) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: including objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals proposals, and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval approval, or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall, at Owner’s expense, furnish, undertake, provide or cause to be furnished, undertaken or provided the following: (a) Designate render decisions, approvals or consents in a representative timely manner as required to whom all communications from Engineer permit Contractor to proceed with its responsibilities in accordance with the Schedule. Unless otherwise provided herein, Owner shall be directed and who shall deemed to have limited administrative authority on behalf approved any matter submitted by Contractor to Owner for approval (other than a Change Order) unless written notice of rejection of such matter is delivered by Owner to receive and transmit information and make decisions with Contractor within ten (10) Business Days of Owner’s receipt of the Document requesting approval of such matter. With respect to ProjectChange Orders only and unless otherwise provided herein, Owner shall be deemed to have rejected any Change Order request submitted by Contractor to Owner for approval unless written notice of approval of such Change Order request is delivered by Owner to Contractor within ten (10) Business Days of Owner’s receipt of such request. Said representative Notwithstanding the foregoing, Owner shall notuse commercially reasonable efforts to provide Contractor with a response to Contractor's request for approval within such ten (10) Business Day timeframe. All Documents requesting Owner approval shall conspicuously state such request on the face of the Document. The scope of such decision, howeverapproval or consent shall be limited only to the general conformity of the concept, have authority design, document or item to bind the requirements expressly set forth in this Contract. Owner as to matters does not assume any liability or responsibility of legislative any kind for Contractor’s design, engineering, manufacturing or fiscal policyreview errors or omissions. No Owner decision, approval or consent shall relieve Contractor from any of its obligations under this Contract. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraintsarrange for Site access, and required construction contract provisions utilities and standards.services, if any, identified in the Scope of Work Documents as to be provided by Owner or Site Owner in accordance with the Schedule; (c) Provide Engineer with available information pertinent to provide the Project including any previous reportscoal resource in the quantity and quality detailed in the Scope of Work Documents, studies or data possessed by Owner which relates to design or construction of and in the Project.time frame identified in the Schedule; and (d) Assist remediate and dispose of in arranging for Engineer to have access to enter private and public property accordance with applicable Law any Hazardous Materials that are found or are uncovered on or about the Site other than Contractor Hazardous Materials that are the responsibility of Contractor as required for Engineer to perform his servicesprovided in Section 2.2.1(i). (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shallOWNER, subject to the terms and provisions of this Agreement and each specific Request for Services, shall do the following in a timely manner so as to not delay the Services of TRANSYSTEMS: (a) Section 3.2.1 Designate a person to act as OWNER’s representative with respect to whom all communications from Engineer shall the Services to be directed and who rendered under this Agreement. Such person shall have limited administrative complete authority on behalf of Owner to transmit instructions, receive information, interpret, and transmit information define OWNER’S policies and make decisions with respect to TRANSYSTEMS’ Services for the particular Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy.; (b) Advise Engineer of Owner's Project requirements including: objective, project Section 3.2.2 Provide all criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with all available information pertinent to each Project, and full information as to OWNER’S requirements for each Project. OWNER agrees that TRANSYSTEMS shall be entitled to rely upon the Project including any previous reports, studies or data possessed by Owner which relates to design or construction accuracy and completeness of the Project.all such information; (d) Assist in arranging Section 3.2.3 Arrange for Engineer to have access to and make all provisions for TRANSYSTEMS to enter upon public and private and public property as required for Engineer TRANSYSTEMS to perform his servicesservices under this Agreement. All such access shall be provided without condition or restriction unacceptable to TRANSYSTEMS nor shall TRANSYSTEMS be required to indemnify or insure any third party as a condition to such access. (e) Section 3.2.4 Examine all studies, reports, sketches, Drawingsdrawings, Specificationsspecifications, proposals proposals, and other documents presented by EngineerTRANSYSTEMS, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render written in writing decisions pertaining thereto within a reasonable time. The Owner's approval time so as not to delay the Services of Drawings, design, Specifications, reports and incidental engineering work TRANSYSTEMS; Section 3.2.5 Give prompt written notice to TRANSYSTEMS whenever OWNER observes or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner otherwise becomes aware of any substantial development or occurrence which materially that affects the scope or timing of Engineer's servicesTRANSYSTEMS’ Services, or any defect or non-conformance in the Services by TRANSYSTEMS (or its independent professional associates or consultants) or in the work of any other party performing or providing work or services in connection with the Project; Section 3.2.6 When OWNER deems it necessary or appropriate for services in addition to the Services to be performed in connection with a particular Request for Services, OWNER shall furnish such additional services or direct TRANSYSTEMS to provide such additional services either by the issuance of a new and additional Request for Services or by following the provisions set forth in Section 2.2 of this Agreement; Section 3.2.7 Provide TRANSYSTEMS with any necessary governmental allocations or priorities, obtain all permits and licenses required to be taken out in the name of OWNER which are necessary for the performance of the Services and, except where such permits, processes or licenses are by the terms of a particular approved Request for Services the responsibility of TRANSYSTEMS, obtain any permits, processes and other licenses which are required for the Project or the Services; Section 3.2.8 Perform any other duties, obligations or responsibilities of the OWNER set forth elsewhere in this Agreement, including, but not limited to, the obligation to make the payments called for under Section 5 hereof and perform any responsibilities and duties of the OWNER which may be identified on a particular Request for Services, if any; Section 3.2.9 Pay for and be responsible for all taxes incurred in connection with each Project, regardless of whether such taxes are assessed against OWNER, TRANSYSTEMS or others. (h) Owner Section 3.2.10 Bear all costs incident to compliance with the requirements of this Section 3.2. Section 3.2.11 The OWNER shall perform promptly report to TRANSYSTEMS any defects or suspected defects in TRANSYSTEMS’s services of which the OWNER becomes aware, so that TRANSYSTEMS may take measures to minimize the consequences of such a defect. The OWNER further agrees to impose a similar notification requirement on all Contractors in its obligations OWNER/Contractor contract and render decisions within shall require all subcontracts at any level to contain a reasonable time under like requirement. Failure by the presented circumstances. HoweverOWNER and the OWNER’s contractors or subcontractors to notify TRANSYSTEMS shall relieve TRANSYSTEMS of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered; Section 3.2.12 In the event OWNER, given the nature of Owner's internal organization and requirementsOWNER’s contractors or subcontractors, a period of 14 days shall or anyone for whom OWNER is legally liable makes or permits to be presumed reasonable for made any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect changes to any matter involving policy reports, plans, specifications or significant financial impactother construction documents prepared by TRANSYSTEMS without obtaining TRANSYSTEMS’s prior written consent, OWNER shall assume full responsibility for the results of such changes; therefore, OWNER agrees to waive any claim against TRANSYSTEMS and to release TRANSYSTEMS from any liability arising directly or indirectly from such changes. In addition, OWNER agrees, to the fullest extent permitted by law, to indemnify and hold harmless TRANSYSTEMS from any damages, liabilities or costs, including reasonable attorneys’ fees and costs of defense, arising from such changes. In addition, OWNER agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any subcontractors of any tier from making any changes or modifications to TRANSYSTEMS’s construction documents without the prior written approval of TRANSYSTEMS and that further requires the Contractor to indemnify both TRANSYSTEMS and OWNER from any liability or cost arising from such changes made without such proper authorization.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies studies, or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals proposals, and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports reports, and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 fourteen (14) days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 forty-five (45) days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer Architect shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer Architect of Owner's Project requirements including: including objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer Architect with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer Architect to have access to enter private and public property as required for Engineer Architect to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals proposals, and other documents presented by EngineerArchitect, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer Architect of responsibility for the professional adequacy of his work. The Owner's review, approval approval, or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from EngineerArchitect, obtain required approvals and permits for the Project. The Engineer Architect shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer Architect whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of EngineerArchitect's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer Consultant shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer Consultant of Owner's Project requirements including: including objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer Consultant with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer Consultant to have access to enter private and public property as required for Engineer Consultant to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals proposals, and other documents presented by EngineerConsultant, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer Consultant of responsibility for the professional adequacy of his work. The Owner's review, approval approval, or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from EngineerConsultant, obtain required approvals and permits for the Project. The Engineer Consultant shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer Consultant whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of EngineerConsultant's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer Consultant shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer Consultant of Owner's Project requirements including: including objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer Consultant with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. Consultant may reasonably rely on the accuracy and completeness of these items. (d) Assist in arranging for Engineer Consultant to have access to enter private and public property as required for Engineer Consultant to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by EngineerConsultant, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering Consulting work or materials furnished hereunder shall not in any way relieve the Engineer Consultant of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from EngineerConsultant, obtain required approvals and permits for the Project. The Engineer Consultant shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer Consultant whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of EngineerConsultant's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 46 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Engineer is not within the custody or control of Owner but must be procured from others.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer Architect shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer Architect of Owner's Project requirements including: including objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer Architect with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer Architect to have access to enter private and public property as required for Engineer Architect to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by EngineerArchitect, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer Architect of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from EngineerArchitect, obtain required approvals and permits for the Project. The Engineer Architect shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer Architect whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of EngineerArchitect's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 2.01 General‌ A. Owner shallshall have the responsibilities set forth herein and in Agreement. B. Owner shall pay Engineer as set forth in Article 4 and in Agreement. C. Owner shall pay any and all regulatory agency or utility company application, review, permit, and inspection fees. D. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all information furnished by Owner or Owner’s other consultants to Engineer pursuant to this Agreement. Engineer may use and rely upon such Owner furnished information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items.‌ E. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: 1. Any development that affects the scope or time of performance of Engineer’s services; 2. The presence at the Site of any Constituent of Concern; or 3. Any relevant, material defect or nonconformance in: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall notEngineer’s services, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise the Work, (c) the performance of any Consultant or Contractor, or (d) Owner’s performance of its responsibilities under this Agreement.‌ F. Prior to Engineer of initiating its services Owner shall provide to Engineer, in writing, all policies, procedures, criteria and information as to Owner's Project ’s requirements including: objectivefor Engineer’s services as well as for the Project, project criteriaincluding design objectives, use construction objectives, construction practices and constraints, space, capacity and performance requirements, special considerations, physical limitations, financial constraintsflexibility, and required construction contract provisions expandability, any budgetary limitations and standards. (c) Provide any M/W/DBE requirements. As well as furnish Engineer with all available information pertinent to the Project including any previous checklists, maps, surveys, deeds, reports, studies plans and data relative to previous and preliminary surveys, designs, construction, or data possessed by Owner which relates investigation at or adjacent to design or construction of the ProjectSite. X. Following Engineer’s assessment of initially-provided Project information and upon Engineer’s request, Owner to obtain, furnish, or otherwise make available (dif necessary through title searches, or retention of specialists or other consultants) Assist in arranging such additional Project-related information and data as is reasonably required to enable Engineer to efficiently complete its Basic Services. H. Owner shall arrange for explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports, investigations and analysis; including drawings of physical conditions relating to existing surface and subsurface conditions at the Site; and provide to Engineer. I. Owner shall arrange for Engineer’s safe and unimpeded access into and throughout the Project Site (including removal of any obstructions) as well as make all provisions for Engineer to have access to enter upon surrounding public and private and public property as required for Engineer to efficiently and effectively perform his its services. (e) Examine X. Owner shall advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project. K. Engineer’s efforts preparing to or serving as a consultant, witness or representative for Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding will be preformed and invoiced as an Additional Service including such actions that take place after the Project has been closed or terminated. L. Owner shall examine all alternative solutions, studies, reports, sketches, Drawingsdrawings, Specificationsspecifications, proposals proposals, and other documents presented by EngineerEngineer (including obtaining advice of an attorney, accountant, risk manager, insurance counselor, financial/municipal advisor, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work other advisors or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate consultants as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto.‌ M. If Owner authorizes any matter involving policy changes in scope, extent, or significant financial impactcharacter of the Project, or Engineer’s services, or the schedule of Engineer’s services, said changes will be preformed and invoiced by Engineer as an Additional Service.

OWNER’S RESPONSIBILITIES. 3.1 Owner shallshall perform the following in a timely manner so as not to delay the services of Engineer and bear all costs incident thereto: (a) 3.1 Designate in writing a person to act as Owner’s representative with respect to whom all communications from Engineer shall the services to be directed and who rendered under this Agreement. Such person shall have limited administrative complete authority on behalf of Owner to transmit instructions, receive information, and transmit information interpret and make define Owner’s procedures, policies and decisions with respect to Engineer's services for the Project. Said representative shall not, however, have authority to bind Owner . 3.2 Provide all criteria and full information as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project ’s requirements including: objectivefor the Project, project criteriaincluding design objectives and constraints; space, use capacity and performance requirements; and flexibility, special considerations, physical limitations, financial constraintsexpendability, and required any budgetary limitations. Also furnish copies of design and construction contract provisions and standardsstandards which Owner will require to be included in the Contract Documents. (c) Provide 3.3 Assist Engineer with by placing at Engineer’s disposal available information pertinent to the Project including any previous reports; geotechnical information; utility locations; property descriptions, studies or zoning, deed and other land use restrictions; and any other data possessed by Owner which relates relative to design or construction of the Project. Engineer shall be entitled to rely upon the accuracy of data and information provided by Owner without independent review, evaluation or verification. Engineer shall not be liable for any claims for injury or loss arising from errors, omissions or inaccuracies in documents or other information provided by the Owner. (d) Assist in arranging 3.4 Arrange for access to and make all provisions for Engineer to have access to enter upon public and private and public property as required for Engineer to perform his servicesservices under this Agreement. 3.5 Require Contractor performing the Project Work to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (e) other than to the Project Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner’s and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insured with respect to such liability and other insurance purchased and maintained by Contractor for the Project. 3.6 Examine all studies, reports, sketches, Drawingsdrawings, Specificationsspecifications, proposals and other documents presented by Engineer, Engineer and render written in writing comments and decisions pertaining thereto within a reasonable time. The Ownertime so as not to delay the services of Engineer. 3.7 Identify property for easements and rights-of-way required for construction of the Project. 3.8 Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or scheduling of Engineer's approval services, or any defect or nonconformance in the work of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services Contractor perform work prepared by Engineer. 3.9 Owner shall not be construed to operate pay Engineer as a waiver of any rights under this Agreement or of any cause of action arising out of the performance set forth in Section 5 of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his its services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his its work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: including objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals proposals, and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval approval, or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 fourteen (14) days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 forty-five (45) days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.

OWNER’S RESPONSIBILITIES. 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: including objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. Engineer shall rely on information provided without verification unless otherwise agreed to in Schedule 1. Owner shall notify of any known or potential health or safety hazards existing at or near the project site. (d) Assist in arranging Arrange for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) If Engineer’s scope of work includes services during construction, Owner will approve acceptable draft language prepared by Engineer for inclusion in Owner’s contract with the construction contractor which require the construction contractor to indemnify and hold harmless Engineer, its officers, employees, agents, and consultants against claims, suits, demands, liabilities, losses, damages, and costs, including reasonable attorneys' fees and all other costs of defense, arising out of the performance of the work of the contractor, breach of contract, or willful misconduct of the contractor or its subcontractors, employees, and agents. Owner will approve acceptable draft language prepared by Engineer for inclusion in Owner’s contract with the construction contractor which require (a) the contractor to name Engineer, its directors, officers and employees as additional insureds on the contractor's general liability insurance and/or Owner’s and Contractor's Protective policy (OCP), and any builder's risk, or other property insurance purchased by Client or the contractor to protect work in progress or any materials, supplies, or equipment purchased for installation therein; and (b) the contractor to furnish contractor’s certificates of insurance evidencing that Engineer, its officers, employees, agents, and consultants are named as additional insureds on contractor’s general liability and property insurance applicable to the Project. Contractor’s policies shall be primary and any such insurance carried by the Engineer shall be excess and noncontributory. The certificates shall provide that Engineer be given 30 days' written notice prior to any cancellation thereof. (i) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact.