Laserfiche WebLink
claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, <br />resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to <br />Owner under this Agreement shall be limited to $50,000 or the total amount of compensation <br />received by Engineer, whichever is greater. <br />The parties acknowledge that Engineer's scope of services does not include any services related to <br />a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous <br />substances or waste as defined by the Comprehensive Environmental Response, Compensation <br />and Liability Act, 42 U.S.C. § §9601 et seq., or radioactive materials). If Engineer or any other party <br />encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability <br />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 <br />to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental <br />Condition; and (2) warrants that the Site is in full compliance with applicable Laws and <br />Regulations. <br />Owner and Engineer 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 <br />at law. <br />6.01 TotafAgreement <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 Payment—Lump Sum <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />1. A Lump Sum amount of $49,250. Refer to Attachment 2 for a manhour and fee breakdown. <br />The Owner will provide written authorization to proceed with the tasks and amounts as <br />listed below: <br />Task 1.0 - Project Coordination and Meetings, Direct Expenses $5,510.00 <br />Task 2.0 - Data Collection and Review <br />= $5,020.00 <br />Task 3.0 - Hydrologic Analysis <br />= $10,000.00 <br />Task 4.0 - Hydraulic Analysis <br />= $10,620.00 <br />Task 5.0 - Mitigation Analysis <br />= $7,220.00 <br />Task 6.0 - Project Evaluation <br />= $3,500.00 <br />Task 7.0 - Study Report <br />- $7,380.00 <br />EJCDC E -520 Short Form ofAgreemennt 13 (ween Owner and Engineer for Professional Set <br />Copyright 02009 National Society of Professional Engineers for EJCDC. Alt rights reser ml. <br />Pan 5 <br />