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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 4 of 6
<br />Between City of South Bend and ARCADIS U.S., Inc. Project Number: 30029091
<br />AMENDMENT No. 1
<br />SB WWTP Final Clarifier 123 Construction_Amendment No. 1.docx
<br />will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals
<br />comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such
<br />tests.
<br />13. Change Proposals and Claims. (a) Review and respond to Change Proposals. Review each duly submitted Change
<br />Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change
<br />Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a
<br />copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the
<br />Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then
<br />Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data
<br />to Owner regarding engineering or technical matters pertaining to Claims.
<br />14. Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional
<br />and on review of Applications for Payment and accompanying supporting documentation:
<br />• Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in
<br />writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the
<br />best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the
<br />Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning
<br />whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract
<br />Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to
<br />Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to
<br />observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final
<br />determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed
<br />by the Contract Documents).
<br />• By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made
<br />by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been
<br />exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work
<br />beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither
<br />Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation
<br />of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control
<br />Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or
<br />safety precautions or programs incident 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 on Engineer to make any
<br />examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract
<br />Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner
<br />free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue
<br />between Owner and Contractor that might affect the amount that should be paid.
<br />15. Contractor’s Completion Documents. Receive, review, and transmit to Owner maintenance and operating
<br />instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract
<br />Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and
<br />transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract
<br />Documents to obtain final payment.
<br />16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its
<br />intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially
<br />complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer
<br />shall deliver a certificate of Substantial Completion to Owner and Contractor.
<br />17. Record Drawings. Prepare Record Drawings showing appropriate record information based on Project annotated
<br />record documents received from Contractor and furnishing such Record Drawings to Owner. A hard copy (full size
<br />drawings) and electronic copy (in AutoCAD and pdf file format) will be submitted to the Owner. AutoCAD version shall
<br />be based on the Owner’s standards.
<br />18. Final Notice of Acceptability of the Work. Conduct a final visit to the Project to determine if the completed Work of
<br />Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the
<br />recommendation for final 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 to the best of Engineer’s knowledge, information, and
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