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<br />Exhibit A – Engineer’s Services
<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page 6
<br />5. Schedules: Receive, review, and determine the acceptability of any and all schedules
<br />that Contractor is required to submit to Engineer, including the Progress Schedule,
<br />Schedule of Submittals, and Schedule of Values.
<br />a. Visits to Site and Observation of Construction: In connection with observations of
<br />Contractor’s Work while it is in progress:
<br />1) Make visits to the Site at intervals appropriate to the various stages of
<br />construction, as Engineer deems necessary, to observe as an experienced and
<br />qualified design professional the progress of Contractor’s executed Work.
<br />Such visits and observations by Engineer, and the Resident Project
<br />Representative, if any, are not intended to be exhaustive or to extend to every
<br />aspect of the Work or to involve detailed inspections of the Work beyond the
<br />responsibilities specifically assigned to Engineer in this Agreement and the
<br />Construction Contract Documents, but rather are to be limited to spot
<br />checking, selective sampling, and similar methods of general observation of
<br />the Work based on Engineer’s exercise of professional judgment, as assisted
<br />by the Resident Project Representative, if any. Based on information obtained
<br />during such visits and observations, Engineer will determine in general if the
<br />Work is proceeding in accordance with the Construction Contract Documents,
<br />and Engineer shall keep Owner informed of the progress of the Work.
<br />2) The purpose of Engineer’s visits to the Site, and representation by the Resident
<br />Project Representative, if any, at the Site, will be to enable Engineer to better
<br />carry out the duties and responsibilities assigned to and undertaken by
<br />Engineer during the Construction Phase, and, in addition, by the exercise of
<br />Engineer’s efforts as an experienced and qualified design professional, to
<br />provide for Owner a greater degree of confidence that the completed Work
<br />will conform in general to the Construction Contract Documents and that
<br />Contractor has implemented and maintained the integrity of the design
<br />concept of the completed Project as a functioning whole as indicated in the
<br />Construction Contract Documents. Engineer shall not, during such visits or as
<br />a result of such observations of the Work, supervise, direct, or have control
<br />over the Work, nor shall Engineer have authority over or responsibility for the
<br />means, methods, techniques, sequences, or procedures of construction
<br />selected or used by any Constructor, for security or safety at the Site, for
<br />safety precautions and programs incident to any Constructor’s work in
<br />progress, for the coordination of the Constructors’ work or schedules, nor for
<br />any failure of any Constructor to comply with Laws and Regulations applicable
<br />to furnishing and performing of its work. Accordingly, Engineer neither
<br />guarantees the performance of any Constructor nor assumes responsibility for
<br />any Constructor’s failure to furnish or perform the Work, or any portion of the
<br />Work, in accordance with the Construction Contract Documents.
<br />b. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer
<br />believes that such Work is defective under the terms and standards set forth in the
<br />Construction Contract Documents. Provide recommendations to Owner regarding
<br />whether Contractor should correct such Work or remove and replace such Work, or
<br />whether Owner should consider accepting such Work as provided in the
<br />Construction Contract Documents.
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