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Page 5 <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 />6.01 Total Agreement <br />A.This Agreement (including any expressly incorporated attachments), constitutes the entire agreement <br />between Owner and Engineer and supersedes all prior written or oral understandings. This <br />Agreement may only be amended, supplemented, modified, or canceled by a duly executed written <br />instrument. <br />7.01 Basis of Payment—Hourly Rates Plus Reimbursable Expenses <br />A.Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />1.An amount equal to the cumulative hours charged to the Project by each class of Engineer’s <br />employees times their respective hourly rate as shown on the attached Service Fee Schedule <br />for all services performed on the Project, plus reimbursable expenses and Engineer’s <br />consultants’ charges, if any. This will be charged on an “hourly-not-to-exceed” basis with <br />a maximum amount as provided in #3 below. <br />2. Engineer’s Service Fee Schedule are attached as Appendix 1. <br />3.The total compensation for services ($21,865.00) and reimbursable expenses ($9,240.00) is <br />estimated to be $31,105.00. (See attached Exhibit A) <br />7.02 Additional Services: For any services not explicitly included within the scope of work herein that are <br />requested or acknowledged by Owner in writing and performed by any of Engineer’s employees <br />engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours <br />charged to the Project by each class of Engineer’s employees times Service Fee Schedule for each <br />applicable billing class; plus reimbursable expenses and Engineer’s consultants’ charges, if any. <br />Any resultant charges will be tracked and invoiced separately from other charges associated with <br />“in-scope” services & expenses and will be done so on a monthly basis in the same manner described <br />within appropriate sections herein and pertaining to said “in-scope” services & expenses. <br />If any additional, or “out-of-scope” services are deemed to be significant in terms of breadth or cost <br />by either Owner or Engineer, an amendment to this agreement shall be prepared accordingly and <br />executed by both parties before work subject to the same can begin, and charges incurred. <br />Engineer's Service Fee Schedule is attached as Appendix 1. <br />Attachments: Appendix 1, Engineer's Service Fee Schedule – PLEASE NOTE THAT THE <br />SCHEDULE OF RATES THEREIN PERTAINING TO MUNICIPAL <br />CLIENTS SHALL APPLY IN THIS CASE <br />Exhibit A, Engineer’s Proposal & Anticipated Scope of Services