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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 8 <br />1) Receive and review all certificates of inspections, tests, and approvals required <br />by Laws and Regulations or the Construction Contract Documents. Engineer’s <br />review of such certificates will be for the purpose of determining that the <br />results certified indicate compliance with the Construction Contract <br />Documents and will not constitute an independent evaluation that the content <br />or procedures of such inspections, tests, or approvals comply with the <br />requirements of the Construction Contract Documents. Engineer shall be <br />entitled to rely on the results of such inspections and tests. <br />2) As deemed reasonably necessary, request that Contractor uncover Work that <br />is to be inspected, tested, or approved. <br />3) Pursuant to the terms of the Construction Contract, require special inspections <br />or testing of the Work, whether or not the Work is fabricated, installed, or <br />completed. <br />l. Change Proposals and Claims: (a) Review and respond to Change Proposals. Review <br />each duly submitted Change Proposal from Contractor and, within 30 days after <br />receipt of the Contractor’s supporting data, either deny the Change Proposal in <br />whole, approve it in whole, or deny it in part and approve it in part. Such actions <br />shall be in writing, with a copy provided to Owner and Contractor. If the Change <br />Proposal does not involve the design (as set forth in the Drawings, Specifications, or <br />otherwise), the acceptability of the Work, or other engineering or technical <br />matters, then Engineer will notify the parties that the Engineer will not resolve the <br />Change Proposal. (b) Provide information or data to Owner regarding engineering <br />or technical matters pertaining to Claims. <br />m. Applications for Payment: Based on Engineer’s observations as an experienced and <br />qualified design professional and on review of Applications for Payment and <br />accompanying supporting documentation: <br />1) Determine the amounts that Engineer recommends Contractor be paid. <br />Recommend reductions in payment (set-offs) based on the provisions for set- <br />offs stated in the Construction Contract. Such recommendations of payment <br />will be in writing and will constitute Engineer’s representation to Owner, based <br />on such observations and review, that, to the best of Engineer’s knowledge, <br />information and belief, Contractor’s Work has progressed to the point <br />indicated, the Work is generally in accordance with the Construction Contract <br />Documents (subject to an evaluation of the Work as a functioning whole prior <br />to or upon Substantial Completion, to the results of any subsequent tests <br />called for in the Construction Contract Documents, and to any other <br />qualifications stated in the recommendation), and the conditions precedent to <br />Contractor’s being entitled to such payment appear to have been fulfilled in so <br />far as it is Engineer’s responsibility to observe the Work. In the case of unit <br />price Work, Engineer’s recommendations of payment will include final <br />determinations of quantities and classifications of the Work (subject to any <br />subsequent adjustments allowed by the Construction Contract Documents). <br />2) By recommending payment, Engineer shall not thereby be deemed to have <br />represented that observations made by Engineer to check the quality or <br />quantity of Contractor’s Work as it is performed and furnished have been <br />exhaustive, extended to every aspect of Contractor’s Work in progress, or <br />involved detailed inspections of the Work beyond the responsibilities