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ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost,OWNER <br /> shall employ an independent cost estimator as provided in E7chibit B. <br /> 5.02 Designing to Construction Cost Limit <br /> A. If a Construction Cost lunit is established between OWNER and ENGINEER,such Construction <br /> Cost limit and a statement of ENGINEER's rights and responsibilities with respect thereto will be <br /> specifically set forth in Exhibit F,"Construction Cost Limit,"to this Agreement. <br /> ARTICLE 6—GENERAL CONSIDERATIONS <br /> 6.01 Standards of Performance <br /> A. The standard of care for all professional engineering and related services performed or furnished <br /> by ENGINEER under this Agreement will be the care and skill ordinarily used by members of <br /> ENGINEER's profession practicing under similar circumstances at the same time and in the same <br /> locality. ENGINEER makes no warranties,express or implied,under this Agreement or <br /> otherwise,in connection with ENGINEER's services. <br /> B. ENGINEER shall be responsible for the technical accuracy of its services and documents resulting <br /> therefrom,and OWNER shall not be responsible for discovering deficiencies therein. ENGINEER <br /> shall correct such deficiencies without additional compensation except to the extent such action is <br /> d'uectly attributable to deficiencies in OWNER-furnished information. <br /> C. ENGINEER shall perform or furnish professional engineering and related services in all phases of <br /> the Project to which this Agreement applies. ENGINEER shall serve as OWNER's prime <br /> professional for the Project. ENGINEER may employ such ENGINEER's Consultants as <br /> ENGINEER deems necessary to assist in the performance or furnishing of the services. <br /> ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to <br /> ENGINEER. <br /> D. ENGINEER and OWNER shall comply with applicable Laws or Regulations and OWNER- <br /> mandated standards. This Agreement is based on these requirements as of its Effecrive Date. <br /> Changes to these requirements after the Effective Date of this Agreement may be the basis for <br /> modifications to OWNER's responsibiliries or to ENGINEER's scope of services,times of <br /> performance,or compensation. <br /> E. OWNER shall be responsible for,and ENGINEER may rely upon,the accuracy and completeness <br /> of all requirements,programs,instructions,reports,data,and other information furnished by <br /> OWNER to ENGINEER pursuant to this Agreement. ENGINEER may use such requirements, <br /> reports,data and information in performing or furnishing services under this Agreement. <br /> F. OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall <br /> bear all costs incident thereto so as not to delay the services of ENGINEER. <br /> G. Prior to the commencement of Construction Phase,OWNER shall notify ENGINEER of any <br /> variarion from the language indicated in Exhibit E,"Notice of Acceptability of Work,"or of any <br /> other notice or certification that ENGINEER will be requested to provide to OWNER or third <br /> parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the <br /> terms of any such requested notice or certificarion,and OWNER shall authorize such Additional <br /> Services as are necessary to enable ENGINEER to provide the notices or certifications requested. <br /> H. ENGINEER shall not be required to sign any documents,no matter by whom requested,that <br /> would result in the ENGINEER's having to certify,guarantee or warrant the existence of <br /> condirions whose existence the ENGINEER cannot ascertain. OWNER agrees not to make <br /> resolurion of any dispute with the ENGINEER or payment of any amount due to the ENGINEER <br /> in any way contingent upon the ENGINEER's signing any such certification. <br /> Standard Form of Agreement <br /> Between Owner and Engineer for Professional Services <br /> 5 <br />