2023 09 19 City Council Packet

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OE-150T - Agreement Between Owner and Engineer for Professional Services – Task Order Edition      Page 5                 v. SP 07.31.23 
J. Surety:  Engineer shall not provide or have any responsibility for surety bonding or 
insurance-related advice, recommendations, counseling, or research, or enforcement of 
construction insurance or surety bonding requirements. 
K. Decisions:  Engineer shall not be responsible for any decision made regarding the 
Construction Contract Documents, or any application, interpretation, clarification, or 
modification of the Construction Contract Documents, other than those made by Engineer or 
its Consultants.    
L. Exclusions:  Engineer’s services do not include:  (1) providing legal advice or representation;  
(2) serving as a “municipal advisor” for purposes of the registration requirements of Section 
975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the 
municipal advisor registration rules issued by the Securities and Exchange Commission, or 
(3) advising Owner, or any municipal entity or other person or entity, regarding municipal 
financial products or the issuance of municipal securities, including advice with respect to 
the structure, timing, terms, or other similar matters concerning such products or issuances. 
N. Compliance:  While at the Site, Engineer's employees and representatives shall comply with 
the specific applicable requirements of Contractor's and Owner's safety programs of which 
Engineer has been informed in writing. 
6.02 Design Without Construction Phase Services:  For each design performed or furnished, Engineer 
shall be responsible only for those Construction Phase services expressly required of Engineer in the 
authorizing Task Order.  With the exception of such expressly required services, Engineer shall have 
no design, Shop Drawing review, or other obligations during construction and Owner assumes all 
responsibility for the application and interpretation of the Construction Contract Documents, review 
and response to Contractor claims, Construction Contract administration, processing of Change 
Orders and submittals, revisions to the Contract Documents during construction, construction 
observation and review, review of Contractor’s payment applications, and all other necessary 
Construction Phase engineering and professional services.  In such case, Owner waives all claims 
against the Engineer that may be connected in any way to Construction Phase administrative, 
engineering or professional services, except for those services tht are expressly required of Engineer 
in the authorizing Task Order. 
6.03 Use of Documents: 
A. All Documents prepared by Engineer and its Consultants are instruments of service in respect 
to this Project, and Engineer and its Consultants shall retain an ownership and property 
interest therein of their respective documents (including the copyright and the right of reuse 
at their discretion) whether or not the Specific Project is completed. Owner shall not rely in 
any way on any Document unless it is in printed form and signed or sealed by the Engineer 
or one of its Consultants. 
B. If Engineer is required to prepare or furnish Drawings or Specifications under the specific 
Task Order, then Engineer shall deliver to Owner at least one original printed record version 
of such Drawings and Specifications, signed and sealed according to applicable Laws and 
Regulations. 
C. Owner may make and retain copies of Documents for information and reference in 
connection with the use of the Documents on the Specific Project. Engineer grants Owner a 
limited license to use the Documents on the Specific Project, extensions of the Specific 
Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due 
and owing for all services relating to preparation of the Documents, and subject to the 
following limitations:   (1) Owner acknowledges that such Documents are not intended or 
represented to be suitable for use on the Specific Project unless completed by Engineer, or 
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