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Page 5 <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 />precedent to construction contractor’s being entitled to such payment <br />appear to have been fulfilled in so far as it is Engineer’s responsibility to <br />observe construction contractor’s work. In the case of unit price work, <br />Engineer’s recommendations of payment will include final determinations <br />of quantities and classifications of construction contractor’s work (subject <br />to any subsequent adjustments allowed by the Contract Documents). <br />b. By recommending any payment, Engineer shall not thereby be deemed to <br />have represented that observations made by Engineer to check the quality <br />or quantity of construction contractor’s work as it is performed and <br />furnished have been exhaustive, extended to every aspect of construction <br />contractor’s work in progress, or involved detailed inspections of the work <br />beyond the responsibilities specifically assigned to Engineer in this <br />Agreement and the Contract Documents. Neither Engineer’s review of <br />construction contractor’s work for the purposes of recommending <br />payments nor Engineer’s recommendation of any payment including final <br />payment will impose on Engineer responsibility to supervise, direct, or <br />control construction contractor’s work in progress or for the means, <br />methods, techniques, sequences, or procedures of construction or safety <br />precautions or programs incident thereto, or construction contractor’s <br />compliance with Laws and Regulations applicable to construction <br />contractor’s furnishing and performing the work. It will also not impose <br />responsibility on Engineer to make any examination to ascertain how or <br />for what purposes construction contractor has used the moneys paid on <br />account of the Contract Price, or to determine that title to any portion of <br />the work in progress, materials, or equipment has passed to the OWNER <br />free and clear of any liens, claims, security interests, or encumbrances, or <br />that there may not be other matters at issue between the Owner and <br />construction contractor that might affect the amount that should be paid. <br />Prior to recommending payment requests from construction contractor to <br />the Owner for payment, the Engineer shall require lien waivers from prior <br />payment applications from construction contractor. <br />c. This proposal is based on the review of seven (7) pay applications per <br />contract. <br />17.Instrumentation and Control (I&C) Verification Services <br />a. Attend factory testing for process control system programmable logic <br />controller (PLC) panels at system supplier’s facility prior to shipment. <br />Inspect panels for general conformance to specifications, test input and <br />output signal functionality and assist process control system programmer <br />in offsite functional testing. Up to two events each two days in duration at <br />the System Integrator’s facility, assumed to be located in central Illinois, <br />for the planned factory testing. <br />b. Attend on-site field testing of process control system PLC panels after <br />installation to check input and output signal wiring. Verify process control <br />system programming meets requirements of functional descriptions. Due <br />to the construction sequencing requirements, up to two (2) separate days <br />of on-site PLC field testing is planned.