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PSA - Century Center Master Planning - Ratio Design
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PSA - Century Center Master Planning - Ratio Design
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11/14/2023 2:21:51 PM
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Board of Public Works
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Contracts
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11/14/2023
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<br /> Page 3 <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 />expenses, and other related charges. Owner waives any and all claims against Architect <br />for any such suspension. <br />C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Architect of the <br />specific basis for doing so, may withhold only that portion so contested, and must pay the <br />undisputed portion. <br />D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action <br />that imposes taxes, fees, or charges on Architect’s services or compensation under this <br />Agreement, then the Architect may invoice such new taxes, fees, or charges as a Reimbursable <br />Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Architect for the cost of <br />such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the <br />compensation to which Architect is entitled under the terms of Exhibit C. <br />ARTICLE 5 – OPINIONS OF COST <br />5.01 Opinions of Probable Construction Cost <br />A. Architect’s opinions of probable Construction Cost are to be made on the basis of Architect’s <br />experience and qualifications and represent Architect’s best judgment as an experienced and <br />qualified professional generally familiar with the construction industry. However, because <br />Architect has no control over the cost of labor, materials, equipment, or services furnished by <br />others, or over contractors’ methods of determining prices, or over competitive bidding or market <br />conditions, Architect cannot and does not guarantee that proposals, bids, or actual Construction <br />Cost will not vary from opinions of probable Construction Cost prepared by Architect. If Owner <br />requires greater assurance as to probable Construction Cost, Owner must employ an independent <br />cost estimator as provided in Exhibit B. <br />5.02 Designing to Construction Cost Limit <br />A. If a Construction Cost limit is established between Owner and Architect, such Construction Cost <br />limit and a statement of Architect’s rights and responsibilities with respect thereto will be <br />specifically set forth in Exhibit F, “Construction Cost Limit,” to this Agreement. <br />5.03 Opinions of Total Project Costs <br />A. The services, if any, of Architect with respect to Total Project Costs shall be limited to assisting <br />the Owner in collating the various cost categories which comprise Total Project Costs. Architect <br />assumes no responsibility for the accuracy of any opinions of Total Project Costs. <br />ARTICLE 6 – GENERAL CONSIDERATIONS <br />6.01 Standards of Performance <br />A. Standard of Care: The standard of care for all professional architectural and related services <br />performed or furnished by Architect under this Agreement will be the care and skill ordinarily <br />used by members of the subject profession practicing under similar circumstances at the same <br />time and in the same locality. Architect makes no warranties, express or implied, under this <br />Agreement or otherwise, in connection with Architect’s services.
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