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<br />STIvER E.EERING.INC.
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<br />ISEII
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<br />STANDARD SCHEDULE of COMPENSATION and GENERAL CONDITIONS
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<br />1. STANDARD SCHEDULE OF COMPENSATION - For services furnished by Stiver Engineering, Inc. (SEI) on
<br />an hourly basis, our billing rates are as follows:
<br />
<br />Principal Engineer
<br />Senior Engineer
<br />Design Engineer
<br />Technical - Drafting
<br />Support Services - Clerical
<br />
<br />$85.00/hr
<br />75.00/hr
<br />65.00/hr
<br />40.00/hr
<br />27.50/hr
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<br />The above schedule is subject to periodic revision. The schedule includes payroll costs, ordinary
<br />overhead, and profit. Applicable expenses for travel and subsistence, incidental out-of-pocket costs,
<br />cOllllDWlications, report preparation, mi1eage~ printing, outside consultants or services, etc., are
<br />reimbursable at invoice cost plus fifteen (15%) percent. Mileage is reimbursed at $0.25 a mile.
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<br />2'. PAYMENT TERMS - Monthly statements shall be submitted for services rendered and reimbursable
<br />expenses incurred. If payment due for services and expenses is not made within thirty (30) days after
<br />receipt of statement, the amounts due shall include a charge at the rate of one and one-half (1-1/2%)
<br />percent per month from said thirtieth day, and in addition, services may be suspended until payment in
<br />full has been received for all amounts due for services and expenses.
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<br />3. INSURANCE SEI maintains Worker's Compensation and Employer's Liability Insurance in
<br />conformance with applicable state law. In addition, we maintain Collllllercial General Liability Insurance
<br />with limits of $500,000 per occurance and $500,000 aggregate for claims arising out of our premises or
<br />operations and Automobile Liability Insurance with $500,000 combined single limit for bodily injury and
<br />property damage liability. A certificate of insurance can be supplied evidencing such coverage which
<br />contains a clause providing that thirty (30) days written notice be given prior to cancellation. Cost of
<br />the above coverage is included in our quoted fees. If additional coverage or increased limits of
<br />liability are required, SEI will endeavor to obtain the requested insurance and charge separately for
<br />costs associated with additional coverage or increased limits.
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<br />4. STANDARD OF CARE - The only warranty or guarantee made by SEI in connection with the services
<br />performed hereunder, is that we will use that degree of care and skill ordinarily exercised under similar
<br />conditions by reputable members of our profession practicing in the same or similar locality. No other
<br />warranty, expressed or implied, is made or intended by our proposal for consulting services or by our
<br />furnishing oral or written reports.
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<br />5. OWNERSHIP OF OOCUMENTS - All documents, including, but not limited to, drawings, specifications,
<br />reports, field notes, calculations and estimates, prepared by SEI as instruments of service pursuant to
<br />this Agreement, shall be the sole property of SEr. Client agrees that all documents of any nature
<br />furnished to Client or Client's ageata or ~ees, if not paid for, will be returned upon demand and
<br />will not be used by Client for any purpose whatsoever. Client further agrees that under no circumstances
<br />shall any documents produced by SEI, pursuant to this Agreement, be used at any location or for any
<br />project not expressly provided for in this Agreement without the written permission of SEI.
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<br />6. SAFETY - Should SEI provide periodic observations or monitoring services at the job site during
<br />construction, Client agrees that, in accordance with generally accepted construction practices, the
<br />contractor will be solely and completely responsible for working conditions on the job site, including
<br />safety of all persons and property during the performance of the work. and compliance with OSHA, State,
<br />and local regulations, and that these requirement will apply continuously and not be limited to normal
<br />working hours. Any monitoring of the contractor's procedures conducted by SEI is not intended to include
<br />review of the adequacy of the contractor's safety measures in, on, adjacent to, or near the construction
<br />site.
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<br />7. GOVERNING LAW - This agreement shall be governed by the laws of the State of Texas.
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<br />8. SITE VISITS - Client agrees that SEI will not be expected to make exhaustive onsite inspections
<br />but that periodic observations appropriate to the construction stage shall be performed. It is further
<br />agreed that SEI will not assume responsibility for the contractor's means, methods, techniques, sequences
<br />or procedures of construction, and it is understood that field services provided by SEI wil~not.relieve
<br />the contractor of his responsibilities for performing the work in accordance with the plans and
<br />specifications.
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<br />10/24/1989
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