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5.02 Designing to Construction Cost Limit <br />A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost <br />limit and a statement of Engineer's rights and responsibilities with respect thereto will be <br />specifically set forth in Exhibit F, "Construction Cost 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, 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 />E. Compliance with Laws and Regulations, and Policies and Procedures: <br />1. Engineer and Owner shall comply with applicable Laws and regulations. <br />2. Prior to the Effective Date, Owner provided to Engineer in writing any and all policies and <br />procedures of Owner applicable to Engineer's performance of services under this <br />Agreement. Engineer shall comply with such policies and procedures, subject to the <br />standard of care set forth in Paragraph 6.0l.A, and to the extent, compliance is not <br />inconsistent with professional practice requirements. <br />3. This Agreement is based on Laws and Regulations and Owner -provided written policies <br />and procedures as of the Effective Date. Changes after the Effective Date to these Laws <br />and Regulations, or to Owner -provided written policies and procedures, may be the basis <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 />