Responsibilities of the ENGINEER. (a) The ENGINEER shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all design drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall keep the OWNER informed of the performance of the ENGINEER’S duties under this Agreement. The ENGINEER, shall promptly and without additional compensation, correct or revise any errors, omissions, or other deficiencies in the design drawings, specifications, reports, and other services. (b) The ENGINEER shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. ENGINEER shall comply with all applicable state, federal and local laws, ordinances, rules, and regulations relating to the work to be performed and Engineer's performance. Additionally, ENGINEER shall follow any applicable requirements provided by OWNER in effect on the date of execution of any agreement OWNER may have executed with any state agency which has participated in funding this project. (c) The OWNER’S review or approval of design drawings, specifications, reports, and other services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER’S or any local, or state agency review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (d) The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to the OWNER caused by the ENGINEER’S negligent performance of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the OWNER or OWNER-furnished data. The ENGINEER shall not be responsible for any time delays in the Project caused by circumstances beyond the ENGINEER’S control. (e) The ENGINEER’S obligations under this Section 2 are in addition to the ENGINEER’S other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the OWNER may have against the ENGINEER for faulty materials, equipment, or work.
Appears in 2 contracts
Samples: Engineering Services Agreement, Agreement for Engineering Services
Responsibilities of the ENGINEER.
(a) The ENGINEER shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all design drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. If this Agreement involves environmental measures or data generation, the ENGINEER shall comply with EPA quality assurance requirements that can be found on their website at xxxx://xxx.xxx.xxx/quality/index.html. The ENGINEER shall keep the OWNER informed of the performance of the ENGINEER’S 'S duties under this Agreement. The ENGINEERENGINEER shall, shall promptly and without additional compensation, correct or revise any errors, omissions, errors or other deficiencies omissions in the design drawings, specifications, reports, and other servicesservices provided by ENGINEER under terms of this Agreement.
(b) The ENGINEER shall perform the professional services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. ENGINEER shall comply with all applicable state, federal and local laws, ordinances, rules, and regulations relating necessary to accomplish the work to be performed specified in this Agreement, in accordance with this Agreement and Engineer's performance. Additionally, ENGINEER shall follow any applicable Funding Agency requirements provided by OWNER in effect on the date of execution of any assistance agreement OWNER may have executed with any state agency which has participated in funding for this projectProject.
(c) The OWNER’S OWNER or Funding Agency review or approval of design drawings, specifications, reports, and other services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER’S or any local, or state agency OWNER nor Funding Agency review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of to the performance of this Agreement.
(d) The ENGINEER shall be be, and shall remain liableremain, liable to the proportionate extent, in accordance with applicable law, for all damages to the OWNER caused by the ENGINEER’S 's negligent performance of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the OWNER or OWNER-furnished data. The ENGINEER shall not be responsible for any time delays in the Project caused by circumstances beyond the ENGINEER’S 'S control.
(e) The ENGINEER’S opinions of probable Construction Cost are to be made on the basis of the ENGINEER’S experience and qualifications and represent ENGINEER’S best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since the ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over Contractor’s methods of determining prices, or over competitive bidding or market conditions, the ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost and project schedules will not vary from opinions of probable Construction Cost prepared by the ENGINEER. If the OWNER wishes greater assurance as to probable Construction Cost, the OWNER shall employ and independent cost estimator.
(f) During the Construction Phase, the ENGINEER shall not at any time supervise, direct, or have control over the Contractor’s work, nor shall the ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by the Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of the Contractor to comply with Laws and Regulations applicable to the Contractor’s furnishing and performing the Work.
(g) The standard of care of all professional engineering and related services performed or furnished by the ENGINEER under this Agreement will be the care and skill ordinarily used by members of subject profession practicing under similar circumstances at the same time and in the same locality. The ENGINEER makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with the ENGINEER’S services.
(h) The ENGINEER's obligations under this Section 2 clause are in addition to the ENGINEER’S 's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the OWNER may have against the ENGINEER for faulty materials, equipment, or work.
Appears in 1 contract
Samples: Engineering Services Agreement
Responsibilities of the ENGINEER.
(a) 4.1 The ENGINEER Engineer shall timely, professionally, competently, and accurately perform all tasks for the Project as described in detail in the Scope of Work. The Engineer shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all design such tasks. The generalized tasks for the Project shall include, but not be limited to engineering services for various County projects on an as-needed basis.
4.2 The Engineer shall produce, as necessary, all designs, drawings, plans, specifications, incidental work reports, design calculations, computer programs, technical reports, operating manuals, and other services furnished by subject data and materials required to complete the ENGINEER Scope of Work and fulfill the Engineer’s obligations and responsibilities under this Agreement. , including, but not limited to, professional engineer or architect sealed mylar plans and As-Built Drawings hereinafter defined (collectively, the “Work Product”).
4.3 The ENGINEER Engineer shall keep perform such professional services as may be necessary to prepare and provide the OWNER informed Work Product and complete the Scope of Work and fulfill the performance Engineer’s obligations and responsibilities required under this Agreement (collectively, the “Services”).
4.4 The Engineer shall perform the Services and provide the Work Product under this Agreement competently, with due care, in a timely manner, and in accordance with all applicable laws, codes, ordinances, regulations, licensing requirements, industry standards, and this Agreement.
4.5 The Engineer shall perform the Services and provide the Work Product to be delivered hereunder in a timely manner and in compliance with all implied and express warranties provided in the Prequalification Documents, the Scope of the ENGINEER’S duties Work and under this Agreement. .
4.6 The ENGINEEREngineer shall, shall promptly and without additional compensation, correct or revise any errors, omissions, or other deficiencies in the design drawingsWork Product and Services. The Engineer understands and agrees that the Engineer shall be liable and financially responsible for any and all damages, specificationsloss, reportscost, and other servicesexpense incurred by the County as result of any and all corrections, revisions, errors, and/or omissions with regard to the Work Product and Services if resulting from or due to the negligence of the Engineer or its subconsultants or subcontractors.
4.7 The Scope of Work to be performed by the Engineer shall include the Engineer’s timely performance of all of the Services and timely provision of the Work Product as required to timely complete the Scope of Work to the satisfaction of the County, in its reasonable discretion, in accordance with the Completion Schedule and this Agreement, and all applicable laws, regulations, codes, and licensing requirements.
4.8 The Engineer shall timely complete the Scope of Work. The Completion Schedule provided by the Engineer (within the Scope of Work) shall be used by the County to monitor the progress of the Engineer’s work. Not later than thirty (30) calendar days from the end of each [month] [quarter] [ ] of the Project, the Engineer shall submit [monthly] [quarterly] [ ] progress schedules to the County, in form and substance approved by the County, indicating the Engineer’s progress on the Project and the Scope of Work in relation to the Completion Schedule (each a “Progress Schedule” and collectively, the “Progress Schedules”). If the Engineer fails to timely submit the Progress Schedules, the Engineer understands and agrees that the County may exercise any rights and remedies available under this Agreement, including but not limited to, withholding of the County’s approval of the Engineer’s invoices until such time as the Engineer submits the required Progress Schedules to the County. Further, if, in the reasonable opinion of the County, the Engineer fails to adhere to the Completion Schedule, the Engineer shall take any and all steps necessary to improve its progress, all without additional cost and expense to the County. The County reserves the right to terminate this Agreement pursuant to Section 9.2 of this Agreement if the Engineer fails to adhere to the Completion Schedule and fails to take any reasonable steps to improve its progress, as determined in the County’s sole discretion.
4.9 Not later than thirty (30) calendar days from the end of each month of the Project, the Engineer shall submit monthly progress reports for the Work Product and Services rendered to date in sufficient detail as deemed acceptable, in the sole discretion of the County, to enable the County to evaluate the ongoing progress of the Project (each a “Progress Report” and collectively, the “Progress Reports”). The Engineer shall submit to the County two (2) copies of each Progress Report. On all Progress Reports, the Engineer shall clearly indicate (a) Project name; (b) The ENGINEER shall perform services (1) with professional skill and care ordinarily provided contract number as assigned by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. ENGINEER shall comply with all applicable state, federal and local laws, ordinances, rules, and regulations relating to the work to be performed and Engineer's performance. Additionally, ENGINEER shall follow any applicable requirements provided by OWNER in effect on the date of execution of any agreement OWNER may have executed with any state agency which has participated in funding this project.
County; (c) The OWNER’S review or approval of design drawingstask number, specifications, reportsif applicable; (d) purchase order number; and (e) the County Project Manager, and shall indicate “Progress Report” on the bottom left corner of any envelope used to mail and/or deliver any Progress Report to the County. All Progress Reports shall be sent to [insert address] by [insert method of mailing/delivery]. If the Engineer fails to adhere to the Completion Schedule, the County may require the Engineer to submit supplemental Progress Report(s) detailing the specific operational changes to be instituted by the Engineer to regain and/or comply with the Completion Schedule, all without additional cost and expense to the County. The County reserves the right to terminate this Agreement pursuant to Section 9.2 of this Agreement if the Engineer fails to adhere to the Completion Schedule and fails to take any reasonable steps to improve its progress, as determined in the County’s sole discretion.
4.10 Approval by the County or other services furnished hereunder regulatory agencies of any or all of the Scope of Work, any or all of the Work Product, or any or all of the Services, or any or all of the Progress Schedules, or any or all of the Progress Reports, shall not in any way relieve the ENGINEER Engineer of the sole responsibility for the Scope of Work, Work Product, Services, and for achieving the professional standards of quality, technical adequacy of accuracy and timeliness required by this Agreement, including, but not limited to, the workCompletion Schedule. Neither the OWNER’S The County's or any local, or state agency other regulatory agencies' review, approval or approval, acceptance of, nor and/or payment for any of the services Scope of Work, Work Product, or Services, or any Progress Schedule or Progress Report, furnished hereunder shall not be construed to and shall not operate as a waiver of any of the County’s rights or remedies under this Agreement or of any cause of action arising out of the Engineer’s performance of this Agreement.
(d) . The ENGINEER Engineer shall be and shall remain liable, in accordance with applicable law, liable for all damages to damages, losses, costs and expenses incurred by and/or alleged against the OWNER County or any regulatory agency caused by the ENGINEER’S Engineer's negligent errors or omissions in the performance of any of the services furnished Scope of Work, any of the Services, or the provision of any of the Work Product required under this AgreementAgreement. When an alleged error and/or omission is discovered, except the Chief of Design for errorsthe County’s DPWT, omissions Bureau of Engineering and Construction, Design Division, or other deficiencies his authorized designee (the “Chief of Design”) shall advise the Engineer accordingly and the Engineer may be given a reasonable opportunity to participate in the extent attributable determination of the solution to rectify the OWNER or OWNER-furnished dataalleged error and/or omission; provided, however, should the Chief of Design determine, in his sole discretion, that an immediate response is required with regards to an alleged error and/or omission, prior notice and an opportunity to participate in the determination need not be provided. The ENGINEER Engineer shall not be responsible for make every effort to cooperate with the County and make suggested revisions in a timely fashion to avoid and/or minimize any time delays in the Project caused by circumstances beyond the ENGINEER’S controldelay claims.
(e) The ENGINEER’S obligations under this Section 2 are in addition to the ENGINEER’S other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the OWNER may have against the ENGINEER for faulty materials, equipment, or work.
Appears in 1 contract
Samples: On Call Engineering Agreement
Responsibilities of the ENGINEER.
(a) The ENGINEER shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all design drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall keep the OWNER informed of the performance of the ENGINEER’S duties under this Agreement. The ENGINEER, shall promptly and without additional compensation, correct or revise any errors, omissions, or other deficiencies in the design drawings, specifications, reports, and other services.
(b) The ENGINEER shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. ENGINEER Engineer shall comply with all applicable state, federal and local laws, ordinances, rules, and regulations relating to the work to be performed and Engineer's performance. Additionally, ENGINEER Engineer shall follow any applicable requirements provided by OWNER in effect on the date of execution of any agreement OWNER may have executed with any state agency which has participated in funding this project.
(c) The OWNER’S review or approval of design drawings, specifications, reports, and other services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER’S or any local, or state agency review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
(d) The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to the OWNER caused by the ENGINEER’S negligent performance of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the OWNER or OWNER-OWNER- furnished data. The ENGINEER shall not be responsible for any time delays in the Project caused by circumstances beyond the ENGINEER’S control.
(e) The ENGINEER’S obligations under this Section 2 are in addition to the ENGINEER’S other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the OWNER may have against the ENGINEER for faulty materials, equipment, or work.
Appears in 1 contract
Samples: Engineering Services Agreement
Responsibilities of the ENGINEER.
(a) The ENGINEER shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all design drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall keep the OWNER informed of the performance of the ENGINEER’S duties under this Agreement. The ENGINEER, shall promptly and without additional compensation, correct or revise any errors, omissions, or other deficiencies in the design drawings, specifications, reports, and other services.
(b) The ENGINEER shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. ENGINEER Engineer shall comply with all applicable state, federal and local laws, ordinances, rules, and regulations relating to the work to be performed and Engineer's performance. Additionally, ENGINEER Engineer shall follow any applicable requirements provided by OWNER in effect on the date of execution of any agreement OWNER may have executed with any state agency which has participated in funding this project.
(c) The OWNER’S review or approval of design drawings, specifications, reports, and other services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER’S or any local, or state agency review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
(d) The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to the OWNER caused by the ENGINEER’S negligent performance of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the OWNER or OWNER-furnished data. The ENGINEER shall not be responsible for any time delays in the Project caused by circumstances beyond the ENGINEER’S control.
(e) The ENGINEER’S obligations under this Section 2 are in addition to the ENGINEER’S other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the OWNER may have against the ENGINEER for faulty materials, equipment, or work.
Appears in 1 contract
Samples: Engineering Services Agreement
Responsibilities of the ENGINEER.
(a) The ENGINEER shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all design drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. If this Agreement involves environmental measures or data generation, the ENGINEER shall comply with EPA quality assurance requirements that can be found on their website at xxxx://xxx.xxx.xxx/quality/index.html. The ENGINEER shall keep the OWNER CITY informed of the performance of the ENGINEER’S 'S duties under this Agreement. The ENGINEER, shall promptly and without additional compensation, correct or revise any errors, omissions, or other deficiencies in the design drawings, specifications, reports, and other servicesservices provided by ENGINEER under terms of this Agreement, but only to the extent such errors, omissions or deficiencies failed to ENGINEER’s applicable standard of professional care.
(b) The ENGINEER shall perform services ensure that they have the following valid DUNS number and is registered in the federal XXXX system: 00-000-0000.
(1c) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. The ENGINEER shall comply with all applicable state, federal and local laws, ordinances, rules, and regulations relating perform the professional services necessary to accomplish the work to be performed specified in this Agreement, in accordance with this Agreement and Engineer's performance. Additionally, ENGINEER shall follow any applicable Funding requirements provided by OWNER in effect on the date of execution of any assistance agreement OWNER may have executed with any state agency which has participated in funding for this projectProject.
(cd) The OWNERCITY’S review or approval of design drawings, specifications, reports, and other services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER’S or any localCITY, or state agency nor applicable Funding Agency review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of to the performance of this Agreement.
(de) The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to the OWNER CITY caused by the ENGINEER’S 's negligent performance of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the OWNER CITY or OWNER-furnished CITY -furnished data. The ENGINEER shall not be responsible for any time delays in the Project caused by circumstances beyond the ENGINEER’S 'S reasonable control.
(ef) ENGINEER’S opinions of probable Construction Cost are to be made on the basis of ENGINEER’S experience and qualifications and represent ENGINEER’S best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over Contractor’s methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER. If CITY wishes greater assurance as to probable Construction Cost, CITY shall employ and independent cost estimator.
(g) During the Construction Phase, the ENGINEER shall not at any time 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 or used by Contractor, for security or safety at the Site, 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.
(h) The standard of care of all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of subject profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with ENGINEER’S services.
(i) The ENGINEER’S 'S obligations under this Section 2 clause are in addition to the ENGINEER’S 's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the OWNER CITY may have against the ENGINEER for faulty materials, equipment, or work.
Appears in 1 contract
Responsibilities of the ENGINEER.
(a) The ENGINEER shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all design drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. If this Agreement involves environmental measures or data generation, the ENGINEER shall comply with EPA quality assurance requirements that can be found on their website at xxxx://xxx.xxx.xxx/quality/index.html. The ENGINEER shall keep the OWNER informed of the performance of the ENGINEER’S 'S duties under this Agreement. The ENGINEER, ENGINEER shall promptly and without additional compensation, correct or revise any errors, omissions, or other deficiencies in the design drawings, specifications, reports, and other servicesservices provided by ENGINEER under terms of this Agreement.
(b) The ENGINEER shall perform the professional services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. ENGINEER shall comply with all applicable state, federal and local laws, ordinances, rules, and regulations relating necessary to accomplish the work to be performed specified in this Agreement, in accordance with this Agreement and Engineer's performance. Additionally, ENGINEER shall follow any applicable Funding Agency requirements provided by OWNER in effect on the date of execution of any assistance agreement OWNER may have executed with any state agency which has participated in funding for this projectProject.
(c) The OWNER’S , or Funding Agency review or approval of design drawings, specifications, reports, and other services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER’S or any local, or state agency nor Funding Agency review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of to the performance of this Agreement.
(d) The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to the OWNER caused by the ENGINEER’S 's negligent performance of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the OWNER or OWNER-furnished data. The ENGINEER shall not be responsible for any time delays in the Project caused by circumstances beyond the ENGINEER’S 'S control.
(e) ENGINEER’S opinions of probable Construction Cost are to be made on the basis of ENGINEER’S experience and qualifications and represent ENGINEER’S best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over Contractor’s methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an independent cost estimator.
(f) During the Construction Phase, the ENGINEER shall not at any time 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 or used by Contractor, for security or safety at the Site, 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.
(g) The standard of care of all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of subject profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with ENGINEER’S services.
(h) The ENGINEER’S 's obligations under this Section 2 clause are in addition to the ENGINEER’S 's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the OWNER may have against the ENGINEER for faulty materials, equipment, or work.
Appears in 1 contract
Samples: Engineering Services Agreement
