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<br />
<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page
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<br />5. Basic Services—The services to be performed for or furnished to Owner by Engineer in
<br />accordance with Part 1 of Exhibit A of this Agreement.
<br />6. Change Order—A document which is signed by Contractor and Owner and authorizes an
<br />addition, deletion, or revision in the Work or an adjustment in the Construction Contract
<br />Price or the Construction Contract Times, or other revision to the Construction Contract,
<br />issued on or after the effective date of the Construction Contract.
<br />7. Change Proposal—A written request by Contractor, duly submitted in compliance with
<br />the procedural requirements set forth in the Construction Contract, seeking an
<br />adjustment in Construction Contract Price or Construction Contract Times, or both;
<br />contesting an initial decision by Engineer concerning the requirements of the
<br />Construction Contract Documents or the acceptability of Work under the Construction
<br />Contract Documents; challenging a set-off against payments due; or seeking other relief
<br />with respect to the terms of the Construction Contract.
<br />8. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated
<br />biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material
<br />of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to
<br />(a) the Comprehensive Environmental Response, Compensation and Liability Act, 42
<br />U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49
<br />U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901
<br />et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the
<br />Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.;
<br />or (g) any other federal, State, or local statute, law, rule, regulation, ordinance,
<br />resolution, code, order, or decree regulating, relating to, or imposing liability or
<br />standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance,
<br />or material.
<br />9. Construction Contract—The entire and integrated written contract between the Owner
<br />and Contractor concerning the Work.
<br />10. Construction Contract Documents—Those items designated as “Contract Documents” in
<br />the Construction Contract, and which together comprise the Construction Contract.
<br />11. Construction Contract Price—The money that Owner has agreed to pay Contractor for
<br />completion of the Work in accordance with the Construction Contract Documents.
<br />12. Construction Contract Times—The number of days or the dates by which Contractor
<br />shall: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial
<br />Completion; and (c) complete the Work.
<br />13. Construction Cost—The cost to Owner of the construction of those portions of the entire
<br />Project designed or specified by or for Engineer under this Agreement, including
<br />construction labor, services, materials, equipment, insurance, and bonding costs, and
<br />allowances for contingencies. 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 property; Owner’s costs for legal, accounting, insurance
<br />counseling, or auditing services; interest or financing charges incurred in connection
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