07-27-2017
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07-27-2017
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<br />Page 10 of 27 <br />immediately notify the Diversion Authority if any representation and warranty becomes <br />untrue. <br /> <br />G. THIS WARRANTY SHALL BE IN LIEU OF AND EXCLUDES ALL OTHER <br />IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A <br />PARTICULAR PURPOSE OR OTHERWISE. <br /> <br />18. WORKING RELATIONSHIP. Consultant’s Senior Engineers and Project Manager shall be <br />the individuals that will engage with the Diversion Authority Board and the Diversion <br />Authority’s Executive Director(s). Consultant shall work in close cooperation and <br />coordinate with the Diversion Authority’s Program Management Consultant. <br /> <br />19. INDEPENDENT PROFESSIONAL JUDGMENT. Nothing in this Agreement shall be <br />construed to interfere with or otherwise affect the rendering of services by Consultant in <br />accordance with the independent professional judgment of each of its employees. Consultant <br />shall require its personnel to perform the services rendered in accordance with accepted <br />principals of its industry in the State of North Dakota. Consultant personnel are subject to <br />the rules and regulations of any and all licensing and professional organizations or <br />associations to which those personnel may from time to time belong, and the laws and <br />regulations in the State of North Dakota. <br /> <br />20. STANDARD OF CARE. The standard of care applicable to Consultant’s services will be <br />the degree of skill and diligence normally employed by professional consultants or <br />consultants performing the same or similar services at the time said services are performed. <br />Consultant will re-perform any services not meeting this standard without additional <br />compensation. <br /> <br />21. SUBSURFACE INVESTIGATIONS. In soils, foundation, groundwater, and other <br />subsurface investigations, the actual characteristics may vary significantly between <br />successive test points and sample intervals and at locations other than where observations, <br />exploration, and investigations have been made. Because of the inherent uncertainties in <br />subsurface evaluations, changed or unanticipated underground conditions may occur that <br />could affect total Project cost and/or execution. These conditions and cost/execution effects <br />are not the responsibility of Consultant. <br /> <br />22. RECORD DRAWINGS. Record drawings, if required, will be prepared, in part, on the basis <br />of information compiled and furnished by others, and may not always represent the exact <br />location, type of various components, or exact manner in which the Project was finally <br />constructed. To the extent that Consultant prepares, compiles, and furnishes information to <br />be incorporated into the Record Drawings, Consultant will be responsible for damages that <br />are incurred by the Diversion Authority to the extent caused by any negligent errors or <br />omissions by Consultant in preparing, compiling, and furnishing such information. <br />Consultant is not responsible for any errors or omissions in the information from others that <br />are incorporated into the record drawings. <br /> <br />23. CONSULTANT’S INSURANCE. Consultant shall maintain throughout this Agreement the <br />following insurance: <br /> DRAFT
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