06/17/2021 SEWER COMMISSION Minutes

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AMENDMENT NO.4 TOWN OF MASHPEE AND GHD INC. PAGE 7 c. Pursuant to the terms of the Construction Contract, require special inspections or testing of the Work,whether or not the Work is fabricated, installed, or completed. d. Contract 1: Review Contractor selected laboratory (contractor shall pay all costs associated with testing on Contract 1). 19. Change Proposals and Claims: (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, in a timely manner,either deny the Change 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 copy provided to OWNER and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise),:the acceptability of the Work, or other engineering or technical matters, then ENGINEER will notify the parties that the ENGINEER will not resolve the Change Proposal. (b) Provide information or data to OWNER regarding engineering or technical matters pertaining to Claims. 20. Applications for Payment: Based on ENGINEER's observations as.an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER'recommends Contractor be paid.Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review,;that,to the best of ENGINEER's knowledge; information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Construction 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 Construction Con'#ract 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 ENGINEER'sresponsibility to observe the Work. In the case of unit price Work, ENGINEER's recommendations''of,payment will include final determinations of quantities and classificati.2 1ons of the."Work(subject to any subsequent adjustments allowed by the Construction Contracf,Documents). b: By recommending payment, ENGINEER shallnot thereby be deemed to have represented that observations mbide by ENGINEER to check the quality or quantity of Contractor's Work as it is performed and furnished havebeen 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 this Agreement. 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. https://projects-northamerica.ghd.com/sites/na04 03/proptownofmashpeesta/ProposalDocs/11229548-AGR-Amendment 4 Mashpee CPS.docx