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Amendment No 1 to PSA - Adding Full CSO Storage Tank Proj No. 121-071 – American Structurepoint, Inc. - TABLED
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Amendment No 1 to PSA - Adding Full CSO Storage Tank Proj No. 121-071 – American Structurepoint, Inc. - TABLED
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6/22/2022 8:07:20 AM
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Board of Public Works
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Contracts
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5/24/2022
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Page 16 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />G.Exhibit G, Insurance. <br />H.Exhibit H, Dispute Resolution. NOT INCLUDED <br />I.Exhibit I, Limitations of Liability. <br />J.Exhibit J, Special Provisions. NOT INCLUDED <br />K.Exhibit K, Amendment to Owner-Engineer Agreement. NOT INCLUDED <br />8.02 Total Agreement: <br />A.This Agreement, (together with the exhibits identified above) constitutes the entire agreement <br />between Owner and Engineer and supersedes all prior written or oral understandings. This <br />Agreement may only be amended, supplemented, modified, or canceled by a duly executed written <br />instrument based on the format of Exhibit K to this Agreement. <br />8.03 Designated Representatives: <br />A.With the execution of this Agreement, Engineer and Owner shall designate specific individuals to <br />act as Engineer’s and Owner’s representatives with respect to the services to be performed or <br />furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual <br />shall have authority to transmit instructions, receive information, and render decisions relative to <br />the Project on behalf of the respective party whom the individual represents. <br />8.04 Engineer's Certifications: <br />A.Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing <br />for or in executing the Agreement. For the purposes of this Paragraph 8.04: <br />1."corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value <br />likely to influence the action of a public official in the selection process or in the <br />Agreement execution; <br />2."fraudulent practice" means an intentional misrepresentation of facts made (a) to influence <br />the selection process or the execution of the Agreement to the detriment of Owner, or (b) <br />to deprive Owner of the benefits of free and open competition; <br />3."coercive practice" means harming or threatening to harm, directly or indirectly, persons <br />or their property to influence their participation in the selection process or affect the <br />execution of the Agreement. <br />DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881
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