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<br /> Page 15 <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 />32. Total Project Costs – The sum of the Construction Cost, allowances for contingencies, <br />and the total costs of services of Architect or other design professionals and consultants, <br />together with such other Project-related costs that Owner furnishes for inclusion, <br />including but not limited to cost of land, rights-of-way, compensation for damages to <br />properties, Owner’s costs for legal, accounting, insurance counseling and auditing <br />services, interest and financing charges incurred in connection with the Project, and the <br />cost of other services to be provided by others to Owner pursuant to Exhibit B of this <br />Agreement. <br />33. Work – The entire construction or the various separately identifiable parts thereof <br />required to be provided under the Contract Documents. Work includes and is the result <br />of performing or providing all labor, services, and documentation necessary to produce <br />such construction, and furnishing, installing, and incorporating all materials and <br />equipment into such construction, all as required by the Contract Documents. <br />ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS <br />8.01 Exhibits Included: <br />A. Exhibit A, Architects Design Services Proposal <br />8.02 Total Agreement: <br />A. This Agreement, (together with the exhibits identified above) constitutes the entire agreement <br />between Owner and Architect and supersedes all prior written or oral understandings. This <br />Agreement may only be amended, supplemented, modified, or canceled by a duly executed <br />written instrument based on the format of Exhibit K to this Agreement. <br />8.03 Designated Representatives: <br />A. With the execution of this Agreement, Architect and Owner shall designate specific individuals to <br />act as Architect’s and Owner’s representatives with respect to the services to be performed or <br />furnished by Architect and responsibilities of Owner under this Agreement. Such an individual <br />shall have authority to transmit instructions, receive information, and render decisions relative to <br />the Project on behalf of the respective party whom the individual represents. <br />8.04 Architect's Certifications: <br />A. Architect certifies that it has not engaged in corrupt, fraudulent, or coercive practices in <br />competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: <br />1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of <br />value likely to influence the action of a public official in the selection process or in the <br />Agreement execution; <br />2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to <br />influence the selection process or the execution of the Agreement to the detriment of <br />Owner, or (b) to deprive Owner of the benefits of free and open competition;