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Amendment to Owner-Engineer Agreement
<br />Page 11
<br />(Exhibit A-1 – Engineer’s Services)
<br />EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American
<br />Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
<br />2021.01526
<br />
<br />3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent
<br />testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.P.
<br />4. Pre-Construction Conference: Participate in a Pre-Construction Conference prior to
<br />commencement of Work at the Site.
<br />5. Schedules: Receive, review, and determine the acceptability of any and all schedules that
<br />Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of
<br />Submittals, and Schedule of Values.
<br />6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating
<br />the Work which in Engineer’s judgment are necessary to enable Contractor to proceed.
<br />7. Visits to Site and Observation of Construction: In connection with observations of Contractor’s
<br />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 deems necessary, to observe as an experienced and qualified design professional
<br />the progress of Contractor’s executed Work. Such visits and observations by Engineer, and
<br />the Resident Project Representative, if any, are not intended to be exhaustive or to extend to
<br />every aspect of Contractor’s Work in progress or to involve detailed inspections of
<br />Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer
<br />in this Agreement and the Contract Documents, but rather are to be limited to spot checking,
<br />selective sampling, and similar methods of general observation of the Work based on
<br />Engineer’s exercise of professional judgment, as assisted by the Resident Project
<br />Representative, if any. Based on information obtained during such visits and observations,
<br />Engineer will determine in general if the Work is proceeding in accordance with the
<br />Contract Documents, and 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 duties
<br />and responsibilities assigned to and undertaken by Engineer during the Construction Phase,
<br />and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design
<br />professional, to provide for Owner a greater degree of confidence that the completed Work
<br />will conform in general to the Contract Documents and that Contractor has implemented
<br />and maintained the integrity of the design concept of the completed Project as a functioning
<br />whole as indicated in the Contract Documents. Engineer shall not, during such visits or as
<br />a result of such observations of Contractor’s Work in progress, supervise, direct, or have
<br />control over Contractor’s Work, nor shall Engineer have authority over or responsibility for
<br />the means, methods, techniques, sequences, or procedures of construction selected or used
<br />by Contractor, for security or safety at the Site, for safety precautions and programs incident
<br />to Contractor’s Work, nor for any failure of Contractor to comply with Laws and
<br />Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly,
<br />Engineer neither guarantees the performance of any Contractor nor assumes responsibility
<br />for any 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 that
<br />such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not
<br />produce a completed Project that conforms to the Contract Documents, or (c) will imperil the
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