Southtowns Record

Village Board agenda — May 4, 2026

Government
Village of East Aurora
Board
Village Board
Meeting
May 4, 2026
Kind
Agenda
Topics
Water, sewer and drainage, Zoning and land use, Public safety, Budget and taxes, Parks and recreation, Roads and traffic, Audits and oversight, Moratoriums, Energy and data center siting, Short-term rentals, Housing

Original document

Same meeting

Text · page 200 of 240

Read the whole document on one page (all 240 pages, each with its own heading)

F.  All design documents prepared or furnished by Engineer are instruments of service,
  and Engineer retains an ownership and property interest (including the copyright
  and the right of reuse) in such documents, whether or not the Project is completed.
  Engineer grants Village a limited license to use the instruments of service exclusively
  for: (1) performance of design or opera on, (2) Project construc on as is the
  intended purpose of the documents, and (3) the purpose of maintenance and repair
  of the Project, or (4) other documents, reports, details and plans as defined in the
  project Scope of Work.
  G.  The Contract Documents for construc on contracts prepared as a service under this
  Agreement are to be the Engineer’s template Contract Documents, including but not
  limited to General Condi ons, General Requirements, Informa on for Bidders and
  bidding documents, as may be amended by the Village.
  H.  Absent an agreement to the contrary, Engineer shall not at any me supervise,
  direct, or have control over any contractor’s work, nor shall Engineer have authority
  over or responsibility for the means, methods, techniques, sequences, or procedures
  of construc on selected or used by any contractor, for safety precau ons and
  programs incident to a contractor’s work progress, nor for any failure of any
  contractor to comply with laws and regula ons applicable to contractor’s work.
  I.  Engineer neither guarantees the performance of any contractor nor assumes
  responsibility for any contractor’s failure to furnish and perform its work in
  accordance with the contract between Village and such contractor.
  J.  Engineer shall not be responsible for the acts or omissions of any contractor,
  subcontractor, or supplier, or of any contractor’s agents or employees or any other
  persons (except Engineer’s own employees) at the Project site or otherwise
  furnishing or performing any construc on work; or for any decisions regarding, or
  interpreta ons or clarifica ons of, the construc on contract or Instruments of
  Service made by Village or any third party without the advice and consulta on of
  Engineer.
  K.  Engineer shall be responsible only for those Construc on Phase services expressly
  required of Engineer by the Task Authoriza on. With the excep on of such expressly
  required services in each Task Authoriza on, Engineer shall have no design, Shop
  Drawing review, or other obliga ons during construc on, and Village assumes all
  responsibility for the applica on and interpreta on of the Construc on Contract
  Documents, review and response to Contractor claims, Construc on Contract
  administra on, processing of Change Orders and submi als, revisions to the
  Construc on Contract Documents during construc on, construc on observa on and
  review, review of Contractor’s payment applica ons, and all other necessary
  Construc on Phase administra ve, engineering, and professional services, unless
  otherwise added to the Task Authoriza on by supplemental agreement.

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V. E. Aurora-B&L MSA FY 2026-27 (ID 3593336).docx