2023 09 19 City Council Packet

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OE-150 & 150T Exhibit A – Engineer’s Services
(subject to any subsequent adjustments allowed by the Construction Contract 
Documents).  
b. By recommending payment, Engineer shall not thereby be deemed to have 
represented that observations made by Engineer 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 Engineer in the Agreement or this Task Order.  
Neither Engineer’s review of Contractor’s Work for the purposes of 
recommending payments nor Engineer’s recommendation of any payment 
including final payment will impose on Engineer responsibility to supervise, 
direct, or control the Work, 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 on Engineer to make any examination to ascertain how or for 
what purposes Contractor has used the money paid to Contractor by Owner; 
to determine that title to any portion of the Work, including materials or 
equipment, has passed to Owner free and clear of any liens, claims, security 
interests, or encumbrances; or that there may not be other matters at issue 
between Owner and Contractor that might affect the amount that should be 
paid.
22. Contractor’s Completion Documents:  Receive from Contractor, review, and 
transmit to Owner maintenance and operating instructions, schedules, guarantees, 
bonds, certificates or other evidence of insurance required by the Construction 
Contract Documents, certificates of inspection, tests and approvals, and Shop 
Drawings, Samples, and other data approved as provided under Paragraph 
A1.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated 
record documents which are to be assembled by Contractor in accordance with the 
Construction Contract Documents to obtain final payment.  The extent of Engineer’s 
review of record documents shall be to check that Contractor has submitted all pages.
23. Substantial Completion:  Promptly after notice from Contractor that Contractor 
considers the entire Work ready for its intended use, in company with Owner and 
Contractor, visit the Site to review the Work and determine the status of completion. 
Follow the procedures in the Construction Contract regarding the preliminary 
certificate of Substantial Completion, punch list of items to be completed, Owner’s 
objections, notice to Contractor, and issuance of a final certificate of Substantial 
Completion.  Assist Owner regarding any remaining engineering or technical matters 
affecting Owner’s use or occupancy of the Work following Substantial Completion.
24. Final Notice of Acceptability of the Work:  Conduct a final visit to the specific Project 
to determine if the Work is complete and acceptable so that Engineer may 
recommend, in writing, final payment to Contractor. Accompanying the 
recommendation for final payment, Engineer shall also provide a notice to Owner 
and Contractor in the form attached hereto as Exhibit E (“Notice of Acceptability of 
Work”) that the Work is acceptable (subject to the provisions of the Notice and 
Paragraph A1.05.A.21.b) to the best of Engineer’s knowledge, information, and 
belief, and based on the extent of the services provided by Engineer under the 
Agreement and this Task Order.
25. Standards for Certain Construction-Phase Decisions:   Engineer will render 
decisions regarding the requirements of the Construction Contract Documents, and judge the 
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