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<br /> <br />Page 5 <br />(Exhibit A – Engineer’s Services) <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> <br />duties, responsibilities, and authority of Engineer as assigned in the Construction Contract <br />shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s <br />instructions to Contractor will be issued through Engineer, which shall have authority to act <br />on behalf of Owner in dealings with Contractor to the extent provided in this Agreement <br />and the Construction Contract except as otherwise provided in writing. <br />2. Resident Project Representative (RPR): DELETED <br />3. Selecting Independent Testing Laboratory: DELETED <br />4. Pre-Construction Conference: Participate in a Pre-Construction Conference prior to <br />commencement of Work at the Site. <br />5. Schedules: DELETED. <br />6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for <br />locating the Work which in Engineer’s judgment are necessary to enable Contractor to <br />proceed. <br />7. Visits to Site and Observation of Construction: In connection with observations of <br />Contractor’s Work while it is in progress: <br />a. Make visits to the Site at intervals appropriate to the various stages of construction, as <br />Engineer Owner deems necessary, to observe as an experienced and qualified design <br />professional the progress of Contractor’s executed Work. Such visits and observations <br />by Engineer, and the Resident Project Representative, if any, are not intended to be <br />exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve <br />detailed inspections of Contractor’s Work in progress beyond the responsibilities <br />specifically assigned to Engineer in this Agreement and the Contract Documents, but <br />rather are to be limited to spot checking, selective sampling, and similar methods of <br />general observation of the Work based on Engineer’s exercise of professional <br />judgment, as assisted by the Resident Project Representative, if any. Based on <br />information obtained during such visits and observations, Engineer will determine in <br />general if the Work is proceeding in accordance with the Contract Documents, and <br />Engineer shall keep Owner informed of the progress of the Work. <br />b. The purpose of Engineer’s visits to, and representation by the Resident Project <br />Representative, if any, at the Site, will be to enable Engineer to better carry out the <br />duties and responsibilities assigned to and undertaken by Engineer during the <br />Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an <br />experienced and qualified design professional, to provide for Owner a greater degree of <br />confidence that the completed Work will conform in general to the Contract <br />Documents and that Contractor has implemented and maintained the integrity of the <br />design concept of the completed Project as a functioning whole as indicated in the <br />Contract Documents. Engineer shall not, during such visits or as a result of such <br />observations of Contractor’s Work in progress, supervise, direct, or have control over <br />Contractor’s Work, nor shall Engineer have authority over or responsibility for the <br />means, methods, techniques, sequences, or procedures of construction selected or used