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J. Engineer shall not provide or have any responsibility for surety bonding or insurance -related <br />advice, recommendations, counseling, or research, or enforcement of construction insurance or <br />surety bonding requirements. <br />K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or <br />Supplier, or of any of their agents or employees or of any other persons (except Engineer's own <br />agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; <br />or for any decision made regarding the Contract Documents, or any application, interpretation, or <br />clarification, of the Contract Documents, other than those made by Engineer. <br />L. While at the Site, Engineer's employees and representatives shall comply with the specific <br />applicable requirements of Contractor's and Owner's safety programs of which Engineer has been <br />informed in writing. <br />6.02 Design Without Construction Phase Services <br />A. Engineer shall be responsible only for those Construction Phase services expressly required of <br />Engineer in Exhibit A. With the exception of such expressly required services, Engineer shall <br />have no design, Shop Drawing review, or other obligations during construction and Owner <br />assumes all responsibility for the application and interpretation of the Contract Documents, review <br />and response to Contractor claims, contract administration, processing Change Orders, revisions to <br />the Contract Documents during construction, construction surety bonding and insurance <br />requirements, construction observation and review, review of payment applications, and all other <br />necessary Construction Phase engineering and professional services. Owner waives all claims <br />against the Engineer that may be connected in any way to Construction Phase engineering or <br />professional services except for those services that are expressly required of Engineer in Exhibit A. <br />6.03 Use of Documents <br />A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an <br />ownership and property interest therein (including the copyright and the right of reuse at the <br />discretion of the Engineer) whether or not the Project is completed. Owner shall not rely in any <br />way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its <br />Consultants. <br />B. Either party to this Agreement may rely that data or information set forth on paper (also known as <br />hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are <br />the items that the other party intended to send. Files in electronic media format of text, data, <br />graphics, or other types that are furnished by one parry to the other are furnished only for <br />convenience, not reliance by the receiving party. Any conclusion or information obtained or <br />derived from such electronic files will be at the user's sole risk. If there is a discrepancy between <br />the electronic files and the hard copies, the hard copies govern. If the parties agree to other <br />electronic transmittal procedures, such are set forth in Exhibit J. <br />C. Because data stored in electronic media format can deteriorate or be modified inadvertently or <br />otherwise without authorization of the data's creator, the party receiving electronic files agrees that <br />it will perform acceptance tests or procedures within 60 days, after which the receiving party shall <br />be deemed to have accepted the data thus transferred. Any transmittal errors detected within the <br />60-day acceptance period will be corrected by the party delivering the electronic files. <br />Page <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved <br />