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PSA - Century Center Skyway Restroom Project No. 123-042 – American Structurepoint, Inc.
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PSA - Century Center Skyway Restroom Project No. 123-042 – American Structurepoint, Inc.
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3/14/2023 11:37:24 AM
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Board of Public Works
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Contracts
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3/14/2023
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Page 6 <br />(Exhibit A – Engineer’s Services) <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 />b.By recommending any payment, Engineer shall not thereby be deemed to have <br />represented that observations made by Engineer to check the quality or quantity of <br />Contractor’s Work as it is performed and furnished have been exhaustive, extended to <br />every aspect of Contractor’s Work in progress, or involved detailed inspections of the <br />Work beyond the responsibilities specifically assigned to Engineer in this Agreement <br />and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the <br />purposes of recommending payments nor Engineer’s recommendation of any payment <br />including final payment will impose on Engineer responsibility to supervise, direct, or <br />control Contractor’s Work in progress or for the means, methods, techniques, <br />sequences, or procedures of construction or safety precautions or programs incident <br />thereto, or Contractor’s compliance with Laws and Regulations applicable to <br />Contractor’s furnishing and performing the Work. It will also not impose responsibility <br />on Engineer to make any examination to ascertain how or for what purposes Contractor <br />has used the moneys paid on account of the Contract Price, or to determine that title to <br />any portion of the Work in progress, materials, or equipment has passed to Owner free <br />and clear of any liens, claims, security interests, or encumbrances, or that there may not <br />be other matters at issue between Owner and Contractor that might affect the amount <br />that should be paid. <br />16.Contractor’s Completion Documents: Receive, review, and transmit to Owner maintenance <br />and operating instructions, schedules, guarantees, bonds, certificates or other evidence of <br />insurance required by the Contract Documents, certificates of inspection, tests and <br />approvals, Shop Drawings, Samples and other data approved as provided under Paragraph <br />A1.05.A.11, and transmit the annotated record documents which are to be assembled by <br />Contractor in accordance with the Contract Documents to obtain final payment. The extent <br />of such review by Engineer will be limited as provided in Paragraph A1.05.A.11. <br />17.Substantial Completion: Promptly after notice from Contractor that Contractor considers <br />the entire Work ready for its intended use, in company with Owner and Contractor, visit the <br />Project one (1) time to determine if the Work is substantially complete. If after considering <br />any objections of Owner, Engineer considers the Work substantially complete, Engineer <br />shall deliver a certificate of Substantial Completion to Owner and Contractor. <br />18.Final Notice of Acceptability of the Work: Accompanying the recommendation for final <br />payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E (the <br />“Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of <br />Paragraph A1.05.A.15.b) to the best of Engineer’s knowledge, information, and belief and <br />based on the extent of the services provided by Engineer under this Agreement. <br />B.Duration of Construction Phase: The Construction Phase will commence with the execution of the <br />first Construction Contract for the Project or any part thereof and will terminate upon written <br />recommendation by Engineer for final payment to Contractors. If the Project involves more than <br />one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be <br />rendered at different times in respect to the separate contracts. Subject to the provisions of Article <br />3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services <br />(including Resident Project Representative services, if any) are required after the original date for
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