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Page 16 <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 />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, Engineer and Owner shall designate specific individuals to <br />act as Engineer’s and Owner’s representatives with respect to the services to be performed or <br />furnished by Engineer 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 Engineer's Certifications: <br />A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing <br />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; <br />3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons <br />or their property to influence their participation in the selection process or affect the <br />execution of the Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which <br />is indicated on page 1. <br />Owner: Engineer: <br />City of South Bend, Indiana <br />Board of Public Works <br />Black & Veatch Corporation <br />By: By: <br />Title: Elizabeth A. Maradik, President Title: Heather Cheslek, Associate Vice President <br />By: <br />Title: Joseph R. Molnar, Vice President <br />By: <br />Title: Breana N. Micou, Member