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Page 4 <br />(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />completed Project as a functioning whole as indicated in the Contract Documents. <br />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 <br />programs incident thereto. Review of approximately 41 initial shop drawing <br />submittals (Contract A includes one major submittal and Contract B includes 40 <br />submittals) or shop drawing submittals that are approvable by the Engineer are <br />assumed in the budget estimate in this task. An allowance for approximately 12- <br />percent of the submittals to require 1 or more resubmittals prior to approval by the <br />Engineer is also assumed in the budget estimate for this task. <br />12.Manufacturer O&M Manuals. Review submitted manufacturer O&M manuals for <br />compliance with contract document requirements. After the O&M manuals are <br />determined to be acceptable, they will be transmitted to the Owner. Review of 15 <br />manufacturer O&M manuals are assumed in the budget estimate for this task. <br />13.Substitutes and “or-equal.” Evaluate and determine the acceptability of substitute <br />or “or-equal” materials and equipment proposed by construction contractor. <br />14.Inspections and Tests. Engineer’s review of such certificates will be for the <br />purpose of determining that the results certified indicate compliance with the <br />Contract Documents and will not constitute an independent evaluation that the <br />content or procedures of such inspections, tests, or approvals comply with the <br />requirements of the Contract Documents. Engineer shall be entitled to rely on the <br />results of such tests. <br />15.Disagreements between Owner and construction contractor. Render formal <br />written decisions on all claims of Owner and construction contractor relating to <br />the acceptability of construction contractor’s work or the interpretation of the <br />requirements of the Contract Documents pertaining to the execution and progress <br />of construction contractor’s work. In rendering such decisions, Engineer shall be <br />fair and not show partiality to Owner or construction contractor and shall not be <br />liable in connection with any decision rendered in good faith in such capacity. <br />16.Applications for Payment. Based on Engineer’s observations as an experienced <br />and qualified design professional and on review of applications for payment and <br />accompanying supporting documentation from construction contractor, Engineer <br />shall: <br />a. Determine the amounts that Engineer recommends that construction <br />contractor be paid. Such recommendations of payment will be in writing <br />and will constitute Engineer’s representation to the Owner, based on such <br />observations and review to the best of Engineer’s knowledge, information <br />and belief, that construction contractor’s work has progressed to the point <br />indicated, the quality of such work is generally in accordance with the <br />Contract Documents (subject to an evaluation of the Work as a <br />functioning whole prior to or upon Substantial Completion, to the results <br />of any subsequent tests called for in the Contract Documents and to any <br />other qualifications stated in the recommendation), and the conditions