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for consequential or any other damages, suspend performance of services on the portion of the <br />Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to <br />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 />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 <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 Payinent—Liainp Stan <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />1. A Lump Sum amount of $46,750.00 <br />McKinley Avenue Drainage Improvements $15,550.00 <br />a. Additional Topographic Survey $950.00 <br />b. Design Services $12,500.00 <br />c. Bidding and Negotiation $850.00 <br />d. Construction Adninistration $1,250.00 <br />Fremont Park Sidewalk Improvements $26,230.00 <br />e. Topographic Survey $6,180, 00 <br />f Geotechnical Investigation $2,850.00 <br />g. Design Services $14, 500.00 <br />h. Bidding and Negotiation $850.00 <br />i. Construction Administration $1, 850.00 <br />Pavement_ Coring N( TE) $5,000.00 <br />B. The portion of the compensation amount billed monthly for Engineer's services will be based upon <br />Engineer's estimate of the percentage of the total services actually completed during the billing <br />period. <br />7.02 Additional Services: For additional services of Engineer's employees engaged directly on the <br />Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project <br />by each class of Engineer's employees times standard hourly rates for each applicable billing class; <br />plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly <br />rates are attached as Appendix 1. <br />Attachments: Appendix 1, Engineer's Standard Hourly Rates <br />Page 5 <br />EJCDC E-500 Agreement Between O%Yner and Engineer for Professional Services <br />Copyright OO 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />