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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 />J. Owner and Consultant 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 at <br />law. <br />6.01 Total Agreement <br />A. This Agreement (including any expressly incorporated attachments), constitutes the entire <br />agreement between Owner and Consultant 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 —Hourly Rates Plus Reimbursable Expenses <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Consultant as follows: <br />1. An amount equal to the cumulative hours charged to the Project by each class of <br />Consultant's employees times standard hourly rates for each applicable billing class for all <br />services performed on the Project, plus reimbursable expenses and Consultant's charges, if <br />any. <br />2. Consultant's Standard Hourly Rates are $200.00 per hour, estimated 25 hours for project <br />scope. <br />3. The total compensation for services and reimbursable expenses is estimated to be <br />$5,000.00 <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which <br />is indicated on page 1. <br />Owner: <br />CITY OF SOUTH BEND, INDIANA <br />BOARD OF PUBLIC WORKS <br />-Wla <br />Elizabeth A. Maradik, President <br />Gary A. Gilot, Member <br />7,Z—,, L <br />Joseph R. Molnar, Vice President <br />Brrearnt Micou, Member <br />1 <br />Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk <br />Consultant: <br />By: ,[- <br />Title: Kurt West ga6er <br />Date: January 14, 2025 <br />Page 5 <br />EJCDC E-SOD Agreement Between Owner and Engineer for Professional Services <br />Ca yrl ht © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />