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<br /> <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 />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 />18. omply with the requirements of the Contract Documents. Engineer shall be entitled to rely <br />on the results of such tests. <br />19. mply with the requirements of the Contract Documents. Engineer shall be entitled to rely <br />on the results of such tests. <br />20. 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 />21. endering such decisions, Engineer shall be fair and not show partiality to Owner or <br />Contractor and shall not be liable in connection with any decision rendered in good faith in <br />such capacity. <br />22. ndering such decisions, Engineer shall be fair and not show partiality to Owner or <br />Contractor and shall not be liable in connection with any decision rendered in good faith in <br />such capacity. <br />23. 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).