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AMENDMENT NO.4 <br /> TOWN F MA HPEE AND <br /> GHD INC. <br /> V PAGE 17 <br /> PART 3. CLEAN WATER STATE REVOLVING FUND PROVISIONS <br /> 3.01 Clean Water State Revolving Fund provisions refer to the ENGINEER as the "Contractor. For Part 3, <br /> the use of the term"Contractor" is used for"ENGINEER". <br /> A. Clean Water State Revolving Fund provisions are as follows: <br /> 1. The OWNER and the Contractor agree that the following provisions apply to the eligible work to be <br /> performed under this agreement and that such provisions supersede any conflicting provisions of this <br /> agreement. <br /> 2. The work under this agreement is funded in part by the water pollution abatement fund authorized under <br /> MGL Ch. 29C. Neither the Commonwealth of Massachusetts nor the Massachusetts Department of <br /> Environmental Protection (MassDEP) nor the Cleanwater'Trust is a party to this agreement.As used <br /> in these clauses, the words"the date of execution ofAhis agreement" means the date of execution of <br /> this agreement and any subsequent modification of the terms; compensation or scope of services <br /> pertinent to unperformed work. <br /> 3. The OWNER's rights and remedies provided in these clauses are in addition to any other rights and <br /> remedies provided by law or this agreement. <br /> 4. The Contractor shall be responsible for the professionalq'uality,technical accuracy,timely completion, <br /> and the coordination of all desjgns 'drawings, specifications, reports, and other services furnished by <br /> the Contractor under this agreement.TheLontractor shall.,without additional compensation, correct or <br /> revise any errors,omissions, or other deficiencies in his designs, drawings, specifications, reports, and <br /> other services. <br /> 5. The Contractor shall perform such professional services as'may be necessary to accomplish the work <br /> required to e'e performed under this agreement, in accordance with this agreement and applicable <br /> ct on the date�of execution of this agreement. <br /> MassDEP requirements in effe <br /> 6. The QWNER's or MassDEF's�appiroval of drawings, designs, specifications, reports, and incidental <br /> work or materials furnished hereunder sh "II,not in any way relieve the Contractor of responsibility for <br /> r', the technical adequacy of''Hs work. Neither the OWNER's nor MassDEP's review, approval or <br /> i <br /> acceptance of, nor payment for,iahy of the services shall be construed to operate as a waiver of any <br /> rights`ynder this agreehent or of any,,cause of action arising out of the performance of this agreement. <br /> 7. The Contractor shall be and.shall remain liable, in accordance with applicable law, for all damages to <br /> the OWNER,or MassDEP,,caused by the Contractor's negligent performance of any of the services <br /> furnished under this ag�eenient, except for errors, omissions or other deficiencies to the extent solely <br /> attributable to the OWNER, OWNER-furnished data or any third party not controlled by the Contractor. <br /> The Contractor shall not be responsible for any time delays in the project caused by circumstances <br /> beyond the Contractor's control. Where innovative processes or techniques are recommended by the <br /> ENGINEER and are used,the ENGINEER shall be liable only for gross negligence to the extent of such <br /> use. <br /> 8. The services to be performed by the Contractor shall include all services required to complete the scope <br /> of work as defined and set out in the professional services agreement to which these provisions are <br /> attached in accordance with applicable regulations. <br /> hhps://projects-northamedca.ghd.com/sites/naO4_03/proptownofmashpeesta/ProposalDocs/i 1229548-AGR-Amendment 4 Mashpee CPS.docx <br />