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<br /> <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 />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 6.01.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. provided to Engineer in writing. Engineer shall comply with such policies and <br />procedures, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent <br />compliance is not inconsistent with professional practice requirements. <br /> <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 />for modifications to Owner’s responsibilities or to Engineer’s scope of services, times of <br />performance, or compensation. <br /> <br />F. Engineer shall not be required to sign any documents, no matter by whom requested, that would <br />result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose <br />existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with <br />the Engineer or payment of any amount due to the Engineer in any way contingent upon the <br />Engineer signing any such documents. <br />G. The general conditions for any construction contract documents prepared hereunder are to be the <br />“Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint