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2.2.3. Through the observations by such Field Representatives, ENGINEER shall <br /> endeavor to provide further protection for the OWNER against defects and <br /> deficiencies in the Work, but the furnishing of such PROJECT representation <br /> shall not modify the rights, responsibilities or obligations of ENGINEER as <br /> described in Construction Phase - Administration of the Construction Contract. <br /> <br />2.3 Other Additional Services. <br /> <br />2.3.1. Services resulting from significant changes in the general scope, <br />extent or character of the PROJECT and revising previously accepted design <br />documents or Contract Documents when such revisions are required by changes in <br />laws, rules, regulations, ordinances, codes or orders enacted subsequent to the <br />preparation of such documents, or are due to any other causes beyond ENGINEER's <br />control. <br /> <br />2.3.2. Providing any type of property surveys or related engineering services <br />needed for the transfer of interests in real property. <br /> <br />2.3.3. Assistance in connection with bid protests, rebidding or renegotiating <br />contracts for construction, materials, equipment or services. <br /> <br />2.3.4. Preparing to serve or serving as a consultant or witness for OWNER in <br />any litigation, arbitration or other legal or administrative proceeding <br />involving the PROJECT. <br /> <br />2.3.5. Additional or extended services during construction made necessary by <br />(1) work damaged by fire or other cause during construction, (2) a significant <br />amount of defective or neglected work of any Contractor, (3) acceleration of <br />the progress schedule involving services beyond normal working hours, (4) <br />default by any Contractor, and (5) failure of Contractor to complete the Work <br />within the time stipulated in the Contract Documents. <br /> <br />2.3.6. Preparation of operating, maintenance and staffing manuals and <br />assisting OWNER in training OWNER's staff to operate and maintain the PROJECT. <br /> <br />SECTION 3 - OWNER'S RESPONSIBILITIES <br /> <br />OWNER shall do the following in a timely manner so as not to delay the services <br />of ENGINEER. <br /> <br />3.1. Designate in writing a person to act as OWNER's representative with <br />respect to the services to be rendered under this Agreement. Such person shall <br />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 relative <br />to design or construction of the PROJECT. <br /> <br /> -6- <br /> <br /> <br />