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<br /> <br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. <br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, <br /> and American Society of Civil Engineers. All rights reserved. Page <br />5 <br />resolution of any dispute with the Engineer or payment of any amount due to the <br />Engineer in any way contingent upon the Engineer signing any such document. <br />G. The general conditions for any construction contract documents prepared hereunder are <br />to be EJCDC® C-700 “Standard General Conditions of the Construction Contract” (2013 <br />Edition), prepared by the Engineers Joint Contract Documents Committee, unless <br />expressly indicated otherwise in Exhibit J or elsewhere in this Agreement. <br />H. Engineer shall not at any time supervise, direct, control, or have authority over any <br />Constructor’s work, nor shall Engineer have authority over or be responsible for the <br />means, methods, techniques, sequences, or procedures of construction selected or used <br />by any Constructor, or the safety precautions and programs incident thereto, for security <br />or safety at the Site, nor for any failure of a Constructor to comply with Laws and <br />Regulations applicable to that Constructor’s furnishing and performing of its work. <br />Engineer shall not be responsible for the acts or omissions of any Constructor. <br />I. Engineer neither guarantees the performance of any Constructor nor assumes <br />responsibility for any Constructor’s, failure to furnish and perform the Work in accordance <br />with the Construction Contract Documents. <br />J. Engineer shall not be responsible for any decision made regarding the Construction <br />Contract Documents, or any application, interpretation, clarification, or modification of <br />the Construction Contract Documents, other than those made by Engineer or its <br />Consultants. <br />K. Engineer is not required to provide and does not have any responsibility for surety <br />bonding or insurance-related advice, recommendations, counseling, or research, or <br />enforcement of construction insurance or surety bonding requirements. <br />L. Engineer’s services do not include providing legal advice or representation. <br />M. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the <br />registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and <br />Consumer Protection Act (2010) or the municipal advisor registration rules issued by the <br />Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or <br />other person or entity, regarding municipal financial products or the issuance of <br />municipal securities, including advice with respect to the structure, timing, terms, or <br />other similar matters concerning such products or issuances. <br />N. While at the Site, Engineer, its Consultants, and their employees and representatives shall <br />comply with the applicable requirements of Contractor's and Owner's safety programs of <br />which Engineer has been informed in writing. <br />6.02 Use of Documents <br />A. All Documents are instruments of service, and Engineer and City shall retain an ownership <br />and property interest therein (including the copyright and the right of reuse at the <br />discretion of the Engineer) whether or not the Project is completed.