Amendment No 2 to OEA - Fellows Booster Pump Station Proj. No. 121-070 – Donohue & Associates, Inc.

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Page 7 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 23.Project Certification. Submit Record Drawings and Substantial Completion Certification to the Indiana Department of Environmental Management (IDEM) along with any other backup project completion documents as may be required by IDEM and/or Indiana SRF. 24.Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of construction contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Engineer shall not be responsible for failure of construction contractor to perform or furnish the Work in accordance with the Contract Documents. 25.Resident Project Representative (RPR) Services.As requested by the owner, Donohue will provide part time RPR services for this project. a.Engineer shall furnish a RPR as determined by Engineer to be necessary, to observe the progress and quality of the Work performed by the Contractor. The RPR will provide representation to the degree necessary to observe work activities by the Contactor, based on 50% of the time of four (4) months out of a projected construction schedule of twenty (20) months, due to the long lead time for delivery of critical project components. b.Through such additional observations of Contractor’s work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor’s work in progress, supervise, direct, or have control over Contractor’s Work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to Contractor’s work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s performing and furnishing the Work, or responsibility of construction for Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. c.Duties, Responsibilities, and Authority of the RPR. i. RPR is Engineer’s agent at the Project site and will act as directed by and under the supervision of Engineer. RPR’s dealings in matters pertaining to Contractor’s work in progress shall in general be with Engineer and Contractor, keeping the Owner advised, as necessary. RPR’s dealings with subcontractors shall only be through or with the full knowledge and approval of the Contractor. RPR shall generally communicate with the Owner with the knowledge of and under the direction of Engineer. ii. Review the progress schedule, schedule of shop drawing and sample submittals, and schedule of values prepared by Contractor. iii. Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-