00 65 19.23 - Notice of Acceptability of Work.pdf

00 65 19.23 Notice of Acceptability of Work

Owner: Capital Region Water Owner's Contract No.:

Engineer: Herbert, Rowland & Grubic, Inc. Engineer's Project No.: 00439.0510

Contractor: Contractor’s Project No.:

Project:

2027 Sewer System Improvements

Project

Contract Name:

Notice Date: Effective Date of the Construction Contract:

The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment to Contractor, and that the Work furnished and performed by Contractor under the

Construction Contract is acceptable, expressly subject to the provisions of the Construction Contract’s

Contract Documents (“Contract Documents”) and of the Agreement between Owner and Engineer for

Professional Services dated [date of professional services agreement] (“Owner Engineer Agreement”).

This Notice of Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which all who receive and rely on said Notice agree:

1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality.

2. This Notice reflects and is an expression of the Engineer’s professional opinion.

3. This Notice has been prepared to the best of Engineer’s knowledge, information, and belief as of the Notice Date.

4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor’s Work) under the Owner Engineer Agreement, and applies only to facts that are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Owner Engineer

Agreement.

5. This Notice is not a guarantee or warranty of Contractor’s performance under the Construction

Contract, an acceptance of Work that is not in accordance with the Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents, or to otherwise comply with the Contract Documents or the terms of any special guarantees specified therein.

6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner’s reservations of rights with respect to completion and final payment.

EXECUTED BY ENGINEER:

By (signature):

Name: (printed):

Title: