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177 <br /> <br />shall have complete authority to transmit instructions, receive information, <br />interpret and define OWNER's policies and decisions with respect to ENGINEER's <br />services for the PROJECT. <br /> <br />3.2. Assist ENGINEER by placing at disposal all available information <br />pertinent to the PROJECT including previous reports and any other data <br />relative to design or construction of the PROJECT. <br /> <br />3.3. Furnish the services of soils/geotechnical engineers or other consul- <br />tants when such services are deemed necessary by ENGINEER. Such services <br />shall include without limitation borings, probings and subsurface explorations, <br />hydrographic surveys, laboratory tests and inspections of samples, materials <br />and equipment, with reports and appropriate professional recommendations, <br /> <br />3.4. Arrange for access to and make all provisions for ENGINEER to enter <br />upon public and private property as required for ENGINEER to perform services <br />under this Agreement. <br /> <br />3.5. Examine all studies, reports, sketches, Drawings, Specifications, <br />proposals and other documents presented by ENGINEER, obtain advice of an <br />attorney, insurance counselor and other consultants as OWNER deems appropriate <br />for such examination and render in writing decisions pertaining thereto <br />within a reasonable time so as not to delay the services of ENGINEER. <br /> <br />3.6. Provide such accounting, independent cost estimating and insurance <br />counseling services as may be required for the PROJECT, such legal services <br />as OWNER may require or ENGINEER may reasonably request with regard to legal <br />issues pertaining to the PROJECT including any that may be raised by Con- <br />tractor, such auditing service as OWNER may require to ascertain how or for <br />what purpose any Contractor has used the monies paid under the construction <br />contract, and such inspection services as OWNER may require to ascertain <br />that Contractor is complying with any law, rule, regulation, ordinance, code <br />or order applicable to their furnishing and performing the work. <br /> <br />3.7. Advertise for proposals from bidders, open the proposals at an <br />appointed time and place, and pay for all costs incidental thereto. <br /> <br />3.8. Give prompt written notice to ENGINEER whenever OWNER observes or <br />otherwise becomes aware of any development that affects the scope or timing <br />of ENGINEER's services, or any defect or non-conformance in the work of any <br />Contractor. <br /> <br />SECTION 4 - PERIODS OF SERVICE <br /> <br />4.1. General. <br /> <br />The provisions of this Section 4 and the various rates of compensation for <br />ENGINEER's services provided for elsewhere in this Agreement have been <br />agreed to in anticipation of the orderly and continuous progress of the <br />PROJECT through completion of the Work. ENGINEER's obligation to render <br />services hereunder will extend for a period which may reasonably be required <br />for the PROJECT Services including extra work and required extensions <br />thereto. The estimated start and finish dates for the various phases of <br />service are outlined in Exhibit A - "Scope of Services". <br /> <br />4.2. If ENGINEER's services for design or during construction of the <br />PROJECT are delayed or suspended in whole or in part by OWNER for more than <br />ninety days for reasons beyond ENGINEER's control, ENGINEER shall be paid as <br />provided in paragraph 5.3.2. If such delay or suspension extends for more <br />than one year for reasons beyond ENGINEER's control the various rates of <br />compensation provided for elsewhere in this Agreement shall be subject to <br />equitable adjustment. <br /> <br />SECTION 5 - PAYMENTS TO ENGINEER <br /> <br />5.1 Methods of Payment for Services and Expenses of ENGINEER. <br /> <br />5.1.1 For Predesign Services as described in Paragraphs 1.2 payment shall <br />be computed on a PER DIEM basis in an amount equal to Payroll Cost times a <br />factor of 2.50. Reimbursable Expenses incurred in connection with such <br /> <br /> <br />