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Exhibit 1 -- Scope of Services and Deliverables <br /> Consultant will not supervise, direct, or control Contractor's work, and will not have <br /> authority to stop the Work or responsibility for the means, methods,techniques, equipment <br /> choice and use, schedules, or procedures of construction selected by Contractor,for safety <br /> programs incident to Contractor's work, or for failure of Contractor to comply with laws. <br /> Consultant does not guarantee Contractor's performance and has no responsibility for <br /> Contractor's failure to perform in accordance with the Contract Documents. <br /> Consultant is not responsible for any duties assigned to it in the construction contract that <br /> are not expressly provided for in this Agreement. <br /> Recommendations with Respect to Defective Work. Consultant will recommend to Client <br /> that Contractor's work be disapproved and rejected while it is in progress if Consultant <br /> believes that such work will not produce a completed Project that generally conforms to <br /> the Contract Documents. <br /> c) Clarifications and Interpretations, Consultant will respond to reasonable and appropriate, <br /> up to three(3), Contractor requests for information made in accordance with the Contract <br /> Documents and issue necessary clarifications and interpretations. Any orders authorizing <br /> variations from the Contract Documents will be made only by Client. <br /> d) Change Orders. Consultant may recommend Change Orders to the Client and will review <br /> and make recommendations related to Change Orders submitted or proposed by the <br /> Contractor. <br /> e) Shop Drawings and Samples. Consultant will review Shop Drawings and Samples and <br /> other data which Contractor is required to submit, but only for general conformance with <br /> the Contract Documents. Such review and any action taken in response will not extend to <br /> means, methods, techniques, equipment choice and usage, schedules, or procedures of <br /> construction or to related safety programs. Any action in response to a shop drawing will <br /> not constitute a change in the Contract Documents, which can be changed only through <br /> the Change Orders. <br /> Substitutes and "or-equal/equivalent," Consultant will evaluate the acceptability of <br /> substitute or "or-equal/equivalent" materials and equipment proposed by Contractor in <br /> accordance with the Contract Documents. <br /> Disputes between Client and Contractor. Consultant will, if requested by Client, render <br /> written decision on all claims of Client and Contractor relating to the acceptability of <br /> Contractor's work or the interpretation of the requirements of the Contract Documents. In <br /> rendering decisions, Consultant shall be fair and not show partiality to Client or Contractor <br /> and shall not be liable in connection with any decision. <br /> f) Applications for Payment. Based on its observations and on review of applications for <br /> payment and supporting documentation, Consultant will recommend amounts that { <br /> Contractor be paid. Recommendations will be based on Consultant's knowledge, <br /> information and belief,and will state whether in Consultant's opinion Contractor's work has <br /> progressed to the point indicated, subject to any qualifications stated in the <br /> recommendation. Consultant's recommendations will not be a representation that its <br /> i <br /> Rev 12/2021 <br /> 4 <br />