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<br />guarantee the performance of the construction contractors. On- <br />site observation of the construction work is available as an <br />additional service, as herinafter described. <br /> <br />(b) ENGINEER will strive to perform services hereunder in a <br />manner consistent with that level of care and skill ordinarily <br />exercised by members of the profession currently practicing in <br />the same locality under similar conditions. No other <br />representation, express or implied, and no warranty or <br />guarantee is included or intended in this AGREEMENT, or in any <br />report, opinion, document, or otherwise. <br /> <br />(c) Any opinion of the probable construction or project cost <br />prepared by the ENGINEER represents only his judgement as a <br />design professional and is supplied for the general guidance <br />of the OWNER. Since the ENGINEER has no control over the cost <br />of labor and material, or over the contractor's means, <br />methods, or equipment, or over market conditions, or over <br />design requirements mandated by various government regulatory <br />agencies, the ENGINEER does not imply nor guarantee the <br />accuracy of such opinions as compared to contractor bids or <br />actual project costs to the OWNER. In the event that the <br />OWNER elects to redesign or rebid the project in an effort to <br />reduce costs, ENGINEER'S services rendered for such rebidding <br />or redesign shall be deemed additional services. <br /> <br />(d) In recognition of the relative risks and benefits of the <br />project to both the OWNER and the ENGINEER, the risks have <br />been allocated such that the OWNER agrees, to the fullest <br />extent permitted by law, to limi t the liabili ty of the <br />ENGINEER and his subconsultants to the OWNER and to all <br />construction contractors and subcontractors on the project for <br />any and all claims, losses, costs, damages of any nature <br />whatsoever or claims expenses from any cause or causes, so <br />that the total aggregate liability of the ENGINEER and his <br />subconsultants to all those named shall not exceed $100,000 or <br />the ENGINEER'S total fee for services rendered on this <br />project, whichever is greater. Such claims and causes <br />include, but are not limited to negligence, professional <br />errors or omissions, strict liability, breach of contract or <br />warranty. <br /> <br />(e) The OWNER will require that any construction contractor <br />or subcontractors performing work in connection with Drawings <br />and Specifications produced under this AGREEMENT hold <br />harmless, indemnify and defend, the OWNER and this ENGINEER, <br />their consultants, and each of their officers, agents, and <br />employees from all liability claims, losses or damage arising <br />out of or alleged to arise from the contractor's or <br />subcontractor's negligence in the performance of the work <br />described in the Construction Contract Documents. <br /> <br />13. This AGREEMENT is subject to the federal equal <br />opportunity and other provisions attached hereto as Exhibit C. <br /> <br />Page 4 of 14 <br />