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any failure of a contractor to comply with Laws and Regulations applicable to such
<br />contractor's furnishing and performing of its work.
<br />I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for
<br />any Contractor's failure to furnish and perform the Work in accordance with the Contract
<br />Documents.
<br />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
<br />or surety bonding requirements.
<br />K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor,
<br />or Supplier, or of any of their agents or employees or of any other persons (except Engineer's
<br />own agents, employees, and Consultants) at the Site or otherwise furnishing or performing
<br />any Work; or for any decision made regarding the Contract Documents, or any application,
<br />interpretation, or 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
<br />been 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
<br />of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required
<br />services, Engineer shall have no design, Shop Drawing review, or other obligations during
<br />construction and Owner assumes all responsibility for the application and interpretation of the
<br />Contract Documents, review and response to Contractor claims, contract administration,
<br />processing Change Orders, revisions to the Contract Documents during construction,
<br />construction surety bonding and insurance requirements, construction observation and review,
<br />review of payment applications, and all other necessary Construction Phase engineering and
<br />professional services. Owner waives all claims against the Engineer that may be connected
<br />in any way to Construction Phase engineering or professional services except for those
<br />services that are expressly required of Engineer in Exhibit A, Paragraph A 1.05.
<br />6.03 Use of Documents
<br />A. The Owner acknowledges the Engineer's construction documents, including all electronic
<br />files, as instruments of professional services. Nevertheless, the final construction documents,
<br />including all electronic files, prepared under this agreement shall become the property of the
<br />Owner upon completion of services and payment in full of all monies due to the Engineer.
<br />The Owner shall not reuse or make any modification to the construction documents without
<br />the prior written authorization of the Engineer. All r,,,,,,,meiits are instmmeftts of -
<br />t the Preje + is ,,,,..,,,..le : Owner shall not rely in any way on any Document unless it is in
<br />printed form, signed or sealed by the Engineer or one of its Consultants.
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<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.
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