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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 />Contractor’s failure to furnish or perform the Work in accordance with the Contract <br />Documents. <br />8. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes <br />that such Work (a) is defective under the standards set forth in the Contract Documents, (b) <br />will not produce a completed Project that conforms to the Contract Documents, or (c) will <br />imperil the integrity of the design concept of the completed Project as a functioning whole <br />as indicated by the Contract Documents. <br />9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and <br />interpretations of the Contract Documents as appropriate to the orderly completion of <br />Contractor’s work. Such clarifications and interpretations will be consistent with the intent <br />of and reasonably inferable from the Contract Documents. Subject to any limitations in the <br />Contract Documents, Engineer may issue field orders authorizing minor variations in the <br />Work from the requirements of the Contract Documents. <br />10. Change Orders and Work Change Directives: Recommend change orders and work change <br />directives to Owner, as appropriate, and prepare change orders and work change directives <br />as required. <br />11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect <br />to Shop Drawings and Samples and other data which Contractor is required to submit, but <br />only for conformance with the information given in the Contract Documents and <br />compatibility with the design concept of the completed Project as a functioning whole as <br />indicated by the Contract Documents. Such reviews and approvals or other action will not <br />extend to means, methods, techniques, sequences, or procedures of construction or to safety <br />precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal <br />schedule that Engineer has accepted. <br />12. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or- <br />equal” materials and equipment proposed by Contractor, but subject to the provisions of <br />Paragraph A2.02.A.2 of this Exhibit A. <br />13. Inspections and Tests: Require such special inspections or tests of Contractor’s work as <br />deemed reasonably necessary, and receive and review all certificates of inspections, tests, <br />and approvals required by Laws and Regulations or the Contract Documents. Engineer’s <br />review of such certificates will be for the purpose of determining that the results certified <br />indicate compliance with the Contract Documents and will not constitute an independent <br />evaluation that the content or procedures of such inspections, tests, or approvals comply with <br />the requirements of the Contract Documents. Engineer shall be entitled to rely on the results <br />of such tests. <br />14. Disagreements between Owner and Contractor: Render formal written decisions on all duly <br />submitted issues relating to the acceptability of Contractor’s work or the interpretation of <br />the requirements of the Contract Documents pertaining to the execution, performance, or <br />progress of Contractor’s Work; review each duly submitted Claim by Owner or Contractor, <br />and in writing either deny such Claim in whole or in part, approve such Claim, or decline to <br />resolve such Claim if Engineer in its discretion concludes that to do so would be