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5.01 General Considerations <br />A. The standard of care for all professional engineering and related services performed <br />or furnished by Engineer under this Agreement will be the care and skill ordinarily <br />used by members of the subject profession practicing under similar circumstances at <br />the same time and in the same locality. Engineer makes no warranties, express or <br />implied, under this Agreement or otherwise, in connection with Engineer's services. <br />Subject to the foregoing standard of care, Engineer and its consultants may use or <br />rely upon design elements and information ordinarily or customarily furnished by <br />others, including, but not limited to, specialty contractors, manufacturers, suppliers, <br />and the publishers of technical standards. <br />B. Engineer shall not at any time supervise, direct, control, or have authority over any <br />contractor's work, nor shall Engineer have authority over or be responsible for the <br />means, methods, techniques, sequences, or procedures of construction selected or <br />used by any contractor, or the safety precautions and programs incident thereto, for <br />security or safety at the Project site, nor for any failure of a contractor to comply <br />with laws and regulations applicable to such contractor's furnishing and performing <br />of its work. <br />C. This Agreement is to be governed by the law of the state or jurisdiction in which the <br />Project is located. <br />D. Engineer neither guarantees the performance of any contractor nor assumes <br />responsibility for any contractor's failure to furnish and perform its work in <br />accordance with the contract between Owner and such contractor. Engineer is not <br />responsible for variations between actual construction bids or costs and Engineer's <br />opinions or estimates regarding construction costs. <br />E. Engineer shall not be responsible for the acts or omissions of any contractor, <br />subcontractor, or supplier, or of any of their agents or employees or of any other <br />persons (except Engineer's own employees) at the Project site or otherwise <br />furnishing or performing any construction work; or for any decision made regarding <br />the construction contract requirements, or any application, interpretation, or <br />clarification of the construction contract other than those made by Engineer. <br />F. The general conditions for any construction contract documents prepared hereunder <br />are to be the "Standard General Conditions of the Construction Contract" as <br />prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, <br />2007 Edition) unless the parties agree otherwise. <br />G. All documents prepared or furnished by Engineer are instruments of service, and <br />Engineer retains an ownership and property interest (including the copyright and the <br />right of reuse) in such documents, whether or not the Project is completed. Owner <br />shall have a limited license to use the documents on the Project, extensions of the <br />Project, and for related uses of the Owner, subject to receipt by Engineer of full <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright c02009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Pane 4 2018,02088 <br />