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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 Amer ican Society of Civil Engineers. All rights reserved. Page 18 <br />acceptability of a proposed "or equal" or substitution which is found to be inappropriate <br />for the Project; evaluation and determination of an excessive number of proposed "or <br />equals" or substitutions, whether proposed before or after award of the Construction <br />Contract. <br />3. Services resulting from significant delays, changes, or price increases occurring as a <br />direct or indirect result of materials, equipment, or energy shortages. <br />4. Additional or extended services arising from (a) the presence at the Site of any <br />Constituent of Concern or items of historical or cultural significance, (b) emergencies or <br />acts of God endangering the Work, (c) damage to the Work by fire or other causes <br />during construction, (d) a significant amount of defective, neglected, or delayed Work, <br />(e) acceleration of the progress schedule involving services beyond normal working <br />hours, or (f) default by Contractor. <br />5. Services (other than Basic Services during the Post-Construction Phase) in connection <br />with any partial utilization of the Work by Owner prior to Substantial Completion. <br />6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), <br />Change Proposals, or other demands from Contractor or others in connection with the <br />Work, or an excessive number of RFIs, Change Proposals, or demands. <br />7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a <br />result of repeated inadequate submissions by Contractor. <br />8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or <br />Contractor's safety program provided to Engineer subsequent to the Effective Date that <br />exceed those normally required of engineering personnel by federal, State, or local <br />safety authorities for similar construction sites.