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<br /> <br />Page 5 <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 />failure of a contractor to comply with Laws and Regulations applicable to such contractor’s <br />furnishing and performing of its work. <br />I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any <br />Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. <br />J. 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 or <br />surety bonding requirements. <br />K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or <br />Supplier, or of any of their agents or employees or of any other persons (except Engineer’s own <br />agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; <br />or for any decision made regarding the Contract Documents, or any application, interpretation, or <br />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 been <br />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 of <br />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, construction <br />surety bonding and insurance requirements, construction observation and review, review of <br />payment applications, and all other necessary Construction Phase engineering and professional <br />services. Owner waives all claims against the Engineer that may be connected in any way to <br />Construction Phase engineering or professional services. except for those services that are <br />expressly required of Engineer in Exhibit A, Paragraph A1.05. <br />6.03 Use of Documents <br />A. The Owner acknowledges the Engineer’s construction documents, including all electronic files, as <br />instruments of professional services. Nevertheless, the final construction documents, including all <br />electronic files, prepared under this agreement shall become the property of the Owner upon <br />completion of services and payment in full of all monies due to the Engineer. The Owner shall not <br />reuse or make any modification to the construction documents without the prior written <br />authorization of the Engineer. All Documents are instruments of service in respect to this Project, <br />and Engineer shall retain an ownership and property interest therein (including the copyright and <br />the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner <br />shall not rely in any way on any Document unless it is in printed form, signed or sealed by the <br />Engineer or one of its Consultants. <br />B. Either party to this Agreement may rely that data or information set forth on paper (also known as <br />hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are