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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 />1.amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum <br />rate of interest permitted by law, if less) from said thirtieth day; and <br />2.Engineer may, after giving seven days written notice to Owner, suspend services under <br />this Agreement until Owner has paid in full all non-disputed amounts due for services, <br />expenses, and other related charges. Owner waives any and all claims against Engineer <br />for any such suspension. <br />C.Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise <br />Engineer of the specific basis for doing so, may withhold only that portion so contested, <br />and must pay the undisputed portion. <br />D.Legislative Actions: If after the Effective Date any governmental entity takes a <br />legislative action that imposes taxes, fees, or charges on Engineer’s services <br />or compensation under this Agreement, then the Engineer may invoice such new taxes, <br />fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. <br />Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and <br />charges; such reimbursement shall be in addition to the compensation to which Engineer <br />is entitled under the terms of Exhibit C. <br />ARTICLE 5 – OPINIONS OF COST <br />5.01 Opinions of Probable Construction Cost <br />A. Engineer’s opinions of probable Construction Cost are to be made on the basis of <br />Engineer’s experience and qualifications and represent Engineer’s best judgment as an <br />experienced and qualified professional generally familiar with the construction industry. <br />However, because Engineer has no control over the cost of labor, materials, equipment, or <br />services furnished by others, or over contractors’ methods of determining prices, or over <br />competitive bidding or market conditions, Engineer cannot and does not guarantee that <br />proposals, bids, or actual Construction Cost will not vary from opinions of probable <br />Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable <br />Construction Cost, Owner must employ an independent cost estimator as provided in <br />Exhibit B. <br />5.02 Designing to Construction Cost Limit <br />A.No Construction Cost limit is established between Owner and Engineer for this agreement. <br />5.03 Opinions of Total Project Costs <br />A.The services, if any, of Engineer with respect to Total Project Costs shall be limited to <br />assisting the Owner in collating the various cost categories which comprise Total Project <br />Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project <br />Costs.