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<br /> Page 8 <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 />as indicated by the Contract Documents. Such reviews and approvals or other action will <br />not extend to means, methods, techniques, sequences, or procedures of construction or to <br />safety precautions and programs incident thereto. Engineer shall meet any Contractor’s <br />submittal 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 <br />with the requirements of the Contract Documents. Engineer shall be entitled to rely on the <br />results of such tests. <br />14. Disagreements between Owner and Contractor: Render formal written decisions on all <br />duly submitted issues relating to the acceptability of Contractor’s work or the <br />interpretation of the requirements of the Contract Documents pertaining to the execution, <br />performance, or progress of Contractor’s Work; review each duly submitted Claim by <br />Owner or Contractor, and in writing either deny such Claim in whole or in part, approve <br />such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to <br />do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not <br />show partiality to Owner or Contractor and shall not be liable in connection with any <br />decision rendered in good faith in such capacity. <br />15. 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 />a. Determine the amounts that Engineer recommends Contractor be paid. Such <br />recommendations of payment will be in writing and will constitute Engineer’s <br />representation to Owner, based on such observations and review, that, to the best of <br />Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the <br />point indicated, the Work is generally in accordance with the Contract Documents <br />(subject to an evaluation of the Work as a functioning whole prior to or upon <br />Substantial Completion, to the results of any subsequent tests called for in the Contract <br />Documents, and to any other qualifications stated in the recommendation), and the <br />conditions precedent to Contractor’s being entitled to such payment appear to have <br />been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. <br />In the case of unit price work, Engineer’s recommendations of payment will include <br />final determinations of quantities and classifications of Contractor’s Work (subject to <br />any subsequent adjustments allowed by the Contract Documents). <br />b. By recommending any payment, Engineer shall not thereby be deemed to have <br />represented that observations made by Engineer to check the quality or quantity of