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283 <br /> <br />In addition, a baseline evaluation of the preservation areas is also <br />required. <br />1.6.3.2. Maintenance - As directed by the 404 permit, all <br />mitigation areas must be kept relatively clear (less than 20% cover) <br />of nuisance species of vegetation; in addition, an 80% survival rate <br />is required of the planted trees for the first three years following <br />planting--for each year during which less than 80% of the installed <br />trees have survived, new trees must be planted to attain the 80% <br />level. <br />1.6.3.3. Reports An "event report" will be generated after each <br />monitoring event which provides the raw data collected for the <br />parameters described above. An "annual report" will be generated <br />at the end of each year of monitoring (years 1 through 7) which will <br />provide a statistical analysis of the raw data, a description of <br />problems and solutions associated with the mitigation areas, and a <br />summary of other pertinent data available (water quality in the <br />reservoir, adult mosquito populations, etc.). Annual reports will <br />be forwarded through the County to the N.C. Divisions of <br />Environmental Management and Health with the calendar year's event <br />reports attached. <br /> <br />Add the following as paragraphs 5.1.3.1 under SECTION 5 <br />TO ENGINEER: <br /> <br />PAYMENTS <br /> <br />SECTION 5 PAYMENTS TO ENGINEER: <br />5.1.3.1. For Construction Contract Administration and Resident <br />Field Representation services during the construction contract <br />period (January 7, 1991 through January 5, 1993), payment shall be <br />a LUMP SUM of Seven Hundred Forty-Nine Thousand Dollars and 00/100 <br />Cents ($749,000). Should the construction period extend beyond the <br />completion date of January 5, 1993, the LUMP SUM fee shall be <br />adjusted as mutually agreed to accommodate additional scope required <br />to monitor the project through completion. <br />5.1.3.2. Mitigation Plan <br />5.1.3.2.1. For Preconstruction Phase services including design and <br />bidding administration services, payment shall be a LUMP SUM of <br />Ninety-Six Thousand Dollars and 00/100 Cents ($96,000). This fee <br />is based on assumption contained in Exhibit B, Mitigation Plan Scope <br />of Service. <br />5.1.3.2.2. For the construction phase services including <br />administration of the construction contract as described in <br />paragraph 1.6.2, payment shall be a LUMP SUM of One Hundred Thirty- <br />Nine Thousand Dollars and 00/100 Cents ($139,000). Based on work <br />done on the preconstruction phase, certain items in the final design <br />may change in scope. If this occurs, the LUMP SUM fee shall be <br />adjusted as mutually agreed for accommodate the change in final <br />scope. <br />5.1.3.2.3. For post construction phase (monitoring and <br />maintenance), the amount and method of compensation shall be <br />negotiated following the construction phase after the final scope <br />of monitoring can be ascertained. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the <br />day and year first written above. <br /> <br />Witness: <br />/s/ Frankie F. Bonds <br /> <br />Witness: <br />/s/ Katherine W. Bell <br /> <br />EXECUTION <br />"OWNER" <br />CABARRUS COUNTY, NORTH CAROLINA <br />By: /s/ Billy J. Simmons, Jr. <br />Name: Billy J. Simmons, Jr. <br />Title: Chairman, Board of Commissioners <br />Address: P. O. Box 707 <br /> <br />Concord, North Carolina 28026-0707 <br />"ENGINEER" <br />HDR ENGINEERING, INC. OF NORTH CAROLINA <br />By: /s/ Robert C. Sallach <br /> <br />Name: Robert C. Sallach <br /> <br />Title: Senior Vice President <br /> <br />Address: 128 S. Tryon St., Ste. 1400 <br />Charlotte, NC 28202-5001 <br /> <br /> <br />