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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 />2. Agreement – This written contract for professional services between Owner and
<br />Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed
<br />amendments.
<br />3. Asbestos – Any material that contains more than one percent asbestos and is friable or is
<br />releasing asbestos fibers into the air above current action levels established by the United
<br />States Occupational Safety and Health Administration.
<br />4. 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 />5. Construction Contract – The entire and integrated written agreement between Owner and
<br />Contractor concerning the Work.
<br />6. Construction Cost – The cost to Owner of those portions of the entire Project designed or
<br />specified by Engineer. Construction Cost does not include costs of services of Engineer
<br />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 nature
<br />whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and
<br />PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the
<br />Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
<br />§§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C.
<br />§§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et
<br />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
<br />seq.; and (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 standards
<br />of conduct concerning, any hazardous, toxic, or 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, including
<br />the Drawings, Specifications, construction agreement, and general and supplementary
<br />conditions. Only printed or hard copies of the items listed in the Construction Contract
<br />are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the
<br />reports and drawings of subsurface and physical 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.
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