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Amendment No 1 to PSA - Rescope Sm. Park 35th. St. Retention Basin – McCormick Engineering, LLC
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Amendment No 1 to PSA - Rescope Sm. Park 35th. St. Retention Basin – McCormick Engineering, LLC
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4/11/2023 3:08:55 PM
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Board of Public Works
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Contracts
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4/11/2023
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Page 7 <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 /> <br />17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the <br />entire Work ready for its intended use, in company with Owner and Contractor, visit the <br />Project to determine if the Work is substantially complete. If after considering any objections <br />of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a <br />certificate of Substantial Completion to Owner and Contractor. <br />18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or <br />deliverables: [here list any such tasks or deliverables]. <br />19. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine <br />if the completed Work of Contractor is acceptable so that Engineer may recommend, in <br />writing, final payment to Contractor. Accompanying the recommendation for final payment, <br />Engineer shall also provide a notice in the form attached hereto as Exhibit E (the “Notice of <br />Acceptability of Work”) that the Work is acceptable (subject to the provisions of Paragraph <br />A1.05.A.15.b) to the best of Engineer’s knowledge, information, and belief and based on the <br />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 <br />completion and readiness for final payment of Contractor as set forth in the Construction Contract. <br />C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any <br />Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any <br />of the Work, for safety or security at the Site, or for safety precautions and programs incident to <br />Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible <br />for the failure of any Contractor to perform or furnish the Work in accordance with the Contract <br />Documents. <br />A1.06 Post-Construction Phase <br />A. Upon written authorization from Owner during the Post-Construction Phase Engineer shall: <br />1. Together with Owner, visit the Project to observe any apparent defects in the Work, assist <br />Owner in consultations and discussions with Contractor concerning correction of any such <br />defects, and make recommendations as to replacement or correction of defective Work, if <br />any. <br />2. Together with Owner or Owner’s representative, visit the Project within one month before <br />the end of the correction period to ascertain whether any portion of the Work is subject to <br />correction. <br />3. Perform or provide the following additional Post-Construction Phase tasks or deliverables: <br />[N/A]
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