Professional Services Agreement - Frost Engineering & Consulting - Water Works North Pumping Station Building

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identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessfill in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessfill, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachinents), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment Luny) Sun? A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $7750.00 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. [oil 7.01 Basis of Payment Hourly Rates Plays Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class for all services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for services and reimbursable expenses is estimated to be $ foal 7.01 Basis of Payment —Percentage of Construction Cost A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: An amount equal to percent of the cost to construct the work designed or specified by the Engineer ("Construction Cost"). This amount includes compensation for Engineer's Services and services of Engineer's consultants, if any. The percentage of Construction Costs noted herein accounts for labor, overhead, profit, and reimbursable expenses. Page 5 FJCDC P-500 Agreement Between Owner and Engineer for Professiol3al Services Copyright © 2008 National society of Professional Engineers for rJCJIC, All rights reserved.