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PSA - Cleveland Rd. & Ameritech Dr. Proj No. 122-049 – Christopher B. Burke Engineering
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PSA - Cleveland Rd. & Ameritech Dr. Proj No. 122-049 – Christopher B. Burke Engineering
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12/19/2023 11:05:12 AM
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Board of Public Works
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Contracts
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12/19/2023
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<br /> Page 7 <br />(Exhibit A – Engineer ’ s Ser vices) <br />EJCDC E-500 Agr eement Between Owner and Engineer for Pr ofessional Ser vices <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> <br />with the requirements of the Contract Documents. Engineer shall be entitled to rely on the <br />results of such tests. <br />14. Disagreements between Owner and Contractor: Render formal written decisions on all <br />duly submitted issues relating to the acceptability of Contractor’s work or the <br />interpretation of the requirements of the Contract Documents pertaining to the execution, <br />performance, or progress of Contractor’s Work; review each duly submitted Claim by <br />Owner or Contractor, and in writing either deny such Claim in whole or in part, approve <br />such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to <br />do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not <br />show partiality to Owner or Contractor and shall not be liable in connection with any <br />decision rendered in good faith in such capacity. <br />15. Applications for Payment: Based on Engineer’s observations as an experienced and <br />qualified design professional and on review of Applications for Payment and <br />accompanying supporting documentation: <br />a. Determine the amounts that Engineer recommends Contractor be paid. Such <br />recommendations of payment will be in writing and will constitute Engineer’s <br />representation to Owner, based on such observations and review, that, to the best of <br />Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the <br />point indicated, the Work is generally in accordance with the Contract Documents <br />(subject to an evaluation of the Work as a functioning whole prior to or upon <br />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 <br />conditions precedent to Contractor’s being entitled to such payment appear to have <br />been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. <br />In the case of unit price work, Engineer’s recommendations of payment will include <br />final determinations of quantities and classifications of Contractor’s Work (subject to <br />any subsequent adjustments allowed by the Contract Documents). <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
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