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Amendment No 2 to OEA - Fellows Booster Pump Station Proj. No. 121-070 – Donohue & Associates, Inc.
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Amendment No 2 to OEA - Fellows Booster Pump Station Proj. No. 121-070 – Donohue & Associates, Inc.
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Board of Public Works
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Contracts
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7/23/2024
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Page 7 <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 />23.Project Certification. Submit Record Drawings and Substantial Completion <br />Certification to the Indiana Department of Environmental Management (IDEM) <br />along with any other backup project completion documents as may be required by <br />IDEM and/or Indiana SRF. <br />24.Limitation of Responsibilities. Engineer shall not be responsible for the acts or <br />omissions of construction contractor, or of any of its subcontractors, suppliers, or <br />of any other individual or entity performing or furnishing any of the Work. <br />Engineer shall not be responsible for failure of construction contractor to perform <br />or furnish the Work in accordance with the Contract Documents. <br />25.Resident Project Representative (RPR) Services.As requested by the owner, <br />Donohue will provide part time RPR services for this project. <br />a.Engineer shall furnish a RPR as determined by Engineer to be necessary, <br />to observe the progress and quality of the Work performed by the <br />Contractor. The RPR will provide representation to the degree necessary <br />to observe work activities by the Contactor, based on 50% of the time of <br />four (4) months out of a projected construction schedule of twenty (20) <br />months, due to the long lead time for delivery of critical project <br />components. <br />b.Through such additional observations of Contractor’s work in progress <br />and field checks of materials and equipment by the RPR and assistants, <br />Engineer shall endeavor to provide further protection for Owner against <br />defects and deficiencies in the Work. However, Engineer shall not, during <br />such visits or as a result of such observations of Contractor’s work in <br />progress, supervise, direct, or have control over Contractor’s Work nor <br />shall Engineer have authority over or responsibility for the means, <br />methods, techniques, sequences, or procedures selected by Contractor, for <br />safety precautions and programs incident to Contractor’s work in progress, <br />for any failure of Contractor to comply with Laws and Regulations <br />applicable to Contractor’s performing and furnishing the Work, or <br />responsibility of construction for Contractor’s failure to furnish and <br />perform the Work in accordance with the Contract Documents. <br />c.Duties, Responsibilities, and Authority of the RPR. <br />i. RPR is Engineer’s agent at the Project site and will act as directed by <br />and under the supervision of Engineer. RPR’s dealings in matters <br />pertaining to Contractor’s work in progress shall in general be with <br />Engineer and Contractor, keeping the Owner advised, as necessary. <br />RPR’s dealings with subcontractors shall only be through or with the <br />full knowledge and approval of the Contractor. RPR shall generally <br />communicate with the Owner with the knowledge of and under the <br />direction of Engineer. <br />ii. Review the progress schedule, schedule of shop drawing and sample <br />submittals, and schedule of values prepared by Contractor. <br /> iii. Attend meetings with Contractor, such as preconstruction <br />conferences, progress meetings, job conferences and other project-
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