Amendment No 5 to PSA - South Well Treatment Plant Proj No 117-059A - Donohoue & Associates

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13. Inspections and Tests. 13.1. Donohue's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Donohue shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor. 14.1. Render formal written decisions on all claims of Owner and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, Donohue shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment. 15.1. Based on Donohue's observations as an experienced and qualified design professional and on review of applications for payment and accompanying supporting documentation from Contractor, Donohue shall: 15.1.1. Determine the amounts that Donohue recommends that Contractor be paid. Such recommendations of payment will be in writing and will constitute Donohue's representation to the Owner, based on such observations and review to the best of Donohue's knowledge, information and belief, that Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Donohue's responsibility to observe Contractor's work. In the case of unit price work, Donohue's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). 15.1.2. By recommending any payment, Donohue shall not thereby be deemed to have represented that observations made by Donohue to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the work beyond the responsibilities specifically assigned to Donohue in this Agreement and the Contract Documents. Neither Donohue's review of Contractor's work for the purposes of recommending payments nor Donohue's recommendation of any payment including final payment will impose on Donohue responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the work. It will also not impose responsibility Page 5 of 9