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ARTICLE 5 — OPINIONS OF COST <br />5.01 Opinions ofProbable Construction Cost <br />A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's <br />experience and qualifications and represent Engineer's best judgment as an experienced and <br />qualified professional generally familiar with the construction industry. However, because <br />Engineer has no control over the cost of labor, materials, equipment, or services furnished by <br />others, or over contractors' methods of determining prices, or over competitive bidding or market <br />conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction <br />Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner <br />requires greater assurance as to probable Construction Cost, Owner must employ an independent <br />cost estimator as provided in Exhibit B. <br />5.02 Designing to Construction Cost Limit <br />A. If a Construetion Cost limit is established between Ownef and Eiigirieer, sueh Construction Gos <br />limit and a statement of Engineer's rights and responsibilities with respeet thereto will -W-e <br />speeifieally set forth in Exhibit i , "Genst.. etion Gent Limit," to this Agreement. <br />5.03 Opinions of Total Project Costs <br />A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the <br />Owner in collating the various cost categories which comprise Total Project Costs. Engineer <br />assumes no responsibility for the accuracy of any opinions of Total Project Costs. <br />ARTICLE 6 — GENERAL CONSIDERATIONS <br />6.01 Standards of Performance <br />A. Standard of Care: The standard of care for all professional engineering and related services <br />performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used <br />by members of the subject profession practicing under similar circumstances at the same time and <br />in the same locality. Engineer makes no warranties, express or implied, under this Agreement or <br />otherwise, in connection with Engineer's services. <br />B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical <br />accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without <br />additional compensation, unless such corrective action is directly attributable to deficiencies in <br />Owner -furnished information. <br />C. Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist in the <br />performance or furnishing of the services, subject to reasonable, timely, and substantive objections <br />by Owner. <br />D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.0l.A, Engineer and its <br />Consultants may use or rely upon design elements and information ordinarily or customarily <br />furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, <br />and the publishers of technical standards. <br />Page 4 <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 />