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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 7 <br />c. Compatibility with Design Concept: If Engineer has express knowledge that a <br />specific part of the Work that is not defective under the terms and standards set <br />forth in the Construction Contract Documents is nonetheless not compatible with <br />the design concept of the completed Project as a functioning whole, then inform <br />Owner of such incompatibility, and provide recommendations for addressing such <br />Work. <br />d. Clarifications and Interpretations: Accept from Contractor and Owner submittal of <br />all matters in question concerning the requirements of the Construction Contract <br />Documents (sometimes referred to as requests for information or interpretation— <br />RFIs), or relating to the acceptability of the Work under the Construction Contract <br />Documents. With reasonable promptness, render a written clarification, <br />interpretation, or decision on the issue submitted, or initiate an amendment or <br />supplement to the Construction Contract Documents. <br />e. Non-reviewable Matters: If a submitted matter in question concerns the Engineer’s <br />performance of its duties and obligations, or terms and conditions of the <br />Construction Contract Documents that do not involve (1) the performance or <br />acceptability of the Work under the Construction Contract Documents, (2) the <br />design (as set forth in the Drawings, Specifications, or otherwise), or (3) other <br />engineering or technical matters, then Engineer will promptly give written notice to <br />Owner and Contractor that Engineer will not provide a decision or interpretation. <br />f. Field Orders: Subject to any limitations in the Construction Contract Documents, <br />Engineer may prepare and issue Field Orders requiring minor changes in the Work. <br />g. Change Orders and Work Change Directives: Recommend Change Orders and Work <br />Change Directives to Owner, as appropriate, and prepare Change Orders and Work <br />Change Directives as required. <br />h. Differing Site Conditions: Respond to any notice from Contractor of differing site <br />conditions, including conditions relating to underground facilities such as utilities, <br />and hazardous environmental conditions. Promptly conduct reviews and prepare <br />findings, conclusions, and recommendations for Owner’s use. <br />i. Shop Drawings, Samples, and Other Submittals: Review and approve or take other <br />appropriate action with respect to Shop Drawings, Samples, and other required <br />Contractor submittals, but only for conformance with the information given in the <br />Construction Contract Documents and compatibility with the design concept of the <br />completed Project as a functioning whole as indicated by the Construction Contract <br />Documents. Such reviews and approvals or other action will not extend to means, <br />methods, techniques, sequences, or procedures of construction or to safety <br />precautions and programs incident thereto. Engineer shall meet any Contractor’s <br />submittal schedule that Engineer has accepted. <br />j. Substitutes and “Or-equal”: Evaluate and determine the acceptability of substitute <br />or “or-equal” materials and equipment proposed by Contractor, but subject to the <br />provisions of Paragraph A2.02.A.2 of this Exhibit A. <br />k. Inspections and Tests: