Laserfiche WebLink
I. The parties acknowledge that Engineer's scope of services does not include any services related <br />to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous <br />substances or waste as defined by the Comprehensive Environmental Response, Compensation <br />and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other <br />party encounters a Hazardous Environmental Condition, Engineer may, at its option and without <br />liability for consequential or any other damages, suspend performance of services on the portion <br />of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or <br />contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous <br />Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws <br />and Regulations. <br />Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 <br />days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the <br />dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights <br />at law. <br />6.01 Total Agreement <br />A. This Agreement (including any expressly incorporated attachments), constitutes the entire <br />agreement between Owner and Engineer and supersedes all prior written or oral understandings. <br />This Agreement may only be amended, supplemented, modified, or canceled by a duly executed <br />written instrument. <br />7.01 Basis of Payment —Lump Sum <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as fellews indicated <br />in Exhibit C. <br />B. The portion of the compensation amount billed monthly for Engineer's lump sum services will be <br />based upon Engineer's estimate of the percentage of the total lump sum services actually <br />completed during the billing period. <br />And for] <br />7.01 Basis ofPaymentHourly Rates Plus Reimbursable Expenses <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as indicated in <br />Exhibit C and as follows: <br />An amount equal to the cumulative hours charged to the Project by each class of <br />Engineer's employees' times multiplied by the standard hourly rates for each applicable <br />billing class for all -hourly services performed on the Project, plus reimbursable expenses <br />and Engineer's consultants' charges, if any. <br />2. Engineer's Standard Hourly Rates are attached as Append T included in Exhibit C. <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Pace 5 <br />