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Amendment No 1 to OEA - Design Services Leeper Ave. Proj No. 124-008 – American Structurepoint, Inc.
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Amendment No 1 to OEA - Design Services Leeper Ave. Proj No. 124-008 – American Structurepoint, Inc.
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Board of Public Works
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Contracts
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5/28/2024
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Amendment to Owner-Engineer Agreement <br />Page 8 <br />(Exhibit A-1 – Engineer’s Services) <br />EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American <br />Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. <br />2021.01526 <br /> <br />for any Contractor’s failure to furnish or perform the Work in accordance with the Contract <br />Documents. <br />8. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that <br />such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not <br />produce a completed Project that conforms to the Contract Documents, or (c) will imperil the <br />integrity of the design concept of the completed Project as a functioning whole as indicated by <br />the Contract Documents. <br />9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and <br />interpretations of the Contract Documents as appropriate to the orderly completion of <br />Contractor’s work. Such clarifications and interpretations will be consistent with the intent of <br />and reasonably inferable from the Contract Documents. Subject to any limitations in the <br />Contract Documents, Engineer may issue field orders authorizing minor variations in the Work <br />from the requirements of the Contract Documents. <br />10. Change Orders and Work Change Directives: Recommend change orders and work change <br />directives to Owner, as appropriate, and prepare change orders and work change directives as <br />required. <br />11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect <br />to Shop Drawings and Samples and other data which Contractor is required to submit, but only <br />for conformance with the information given in the Contract Documents and compatibility with <br />the design concept of the completed Project as a functioning whole as indicated by the Contract <br />Documents. Such reviews and approvals or other action will not extend to means, methods, <br />techniques, sequences, or procedures of construction or to safety precautions and programs <br />incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has <br />accepted. <br />12. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or- <br />equal” materials and equipment proposed by Contractor, but subject to the provisions of <br />Paragraph A2.02.A.2 of this Exhibit A. <br />13. Inspections and Tests: Require such special inspections or tests of Contractor’s work as deemed <br />reasonably necessary, and receive and review all certificates of inspections, tests, and approvals <br />required by Laws and Regulations or the Contract Documents. Engineer’s review of such <br />certificates will be for the purpose of determining that the results certified indicate compliance <br />with the Contract Documents and will not constitute an independent evaluation that the content <br />or procedures of such inspections, tests, or approvals comply with the requirements of the <br />Contract Documents. Engineer shall be entitled to rely on the results of such tests. <br />14. Disagreements between Owner and Contractor: Render formal written decisions on all duly <br />submitted issues relating to the acceptability of Contractor’s work or the interpretation of the <br />requirements of the Contract Documents pertaining to the execution, performance, or progress <br />of Contractor’s Work; review each duly submitted Claim by Owner or Contractor, and in <br />writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve <br />such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In <br />rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor <br />and shall not be liable in connection with any decision rendered in good faith in such capacity.
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