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<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 />6.Construction Cost – The cost to Owner of those portions of the entire Project designed
<br />or specified by Engineer. Construction Cost does not include costs of services of
<br />Engineer or other design professionals and consultants; cost of land or rights-of-way, or
<br />compensation for damages to properties; Owner’s costs for legal, accounting, insurance
<br />counseling or auditing services; interest or financing charges incurred in connection with
<br />the Project; or the cost of other services to be provided by others to Owner pursuant to
<br />Exhibit B of this Agreement. Construction Cost is one of the items comprising Total
<br />Project Costs.
<br />7.Constituent of Concern – Any substance, product, waste, or other material of any
<br />nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive
<br />Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a)
<br />the Comprehensive Environmental Response, Compensation and Liability Act, 42
<br />U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act,
<br />49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C.
<br />§§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et
<br />seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42
<br />U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule,
<br />regulation, ordinance, resolution, code, order, or decree regulating, relating to, or
<br />imposing liability or standards of conduct concerning, any hazardous, toxic, or
<br />dangerous waste, substance, or material.
<br />8.Consultants – Individuals or entities having a contract with Engineer to furnish services
<br />with respect to this Project as Engineer’s independent professional associates and
<br />consultants; subcontractors; or vendors.
<br />9.Contract Documents – Those items so designated in the Construction Contract,
<br />including the Drawings, Specifications, construction agreement, and general and
<br />supplementary conditions. Only printed or hard copies of the items listed in the
<br />Construction Contract are Contract Documents. Approved Shop Drawings, other
<br />Contractor submittals, and the reports and drawings of subsurface and physical
<br />conditions are not Contract Documents.
<br />10.Contractor – The entity or individual with which Owner has entered into a Construction
<br />Contract.
<br />11.Documents – Data, reports, Drawings, Specifications, Record Drawings, and other
<br />deliverables, whether in printed or electronic media format, provided or furnished in
<br />appropriate phases by Engineer to Owner pursuant to this Agreement.
<br />12.Drawings – That part of the Contract Documents prepared or approved by Engineer
<br />which graphically shows the scope, extent, and character of the Work to be performed
<br />by Contractor. Shop Drawings are not Drawings as so defined.
<br />13.Effective Date – The date indicated in this Agreement on which it becomes effective, but
<br />if no such date is indicated, the date on which this Agreement is signed and delivered by
<br />the last of the parties to sign and deliver.
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