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identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; <br />and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. <br />J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days <br />after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute <br />shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. <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 —Lump Sum <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer for Basic Services set <br />forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as <br />follows: <br />1. A Lump Sum amount of $45,000 based on the following estimated distribution of <br />compensation: <br />a. Topographic Survey $3,000.00 <br />b. Jurisdictional Determination $3,500.00 <br />c. Streambank Stabilization Plans $18,850.00 <br />d. Regulatory Permitting $15,000.00 <br />e. Bidding and Negotiation Phase (NTE) $1,525.00 <br />f. Construction Services (NTE) $3,125.00 <br />2. Engineer may alter the distribution of compensation between individual phases noted herein <br />to be consistent with services actually rendered, but shall not exceed the total Lump Sum <br />amount unless approved in writing by the Owner. <br />3. The Lump Sum includes compensation for Engineer's services and services of Engineer's <br />Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to <br />account for labor, overhead, profit, and Reimbursable Expenses. <br />4. The portion of the Lump Sum amount billed for Engineer's services will be based upon <br />Engineer's estimate of the percentage of the total services actually completed during the <br />billing period <br />A. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is <br />conditioned on a period of service not exceeding 12 months. If such period of service is extended, <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 />Page 5 <br />