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Page 2of3 <br /> TERMS OF CONTRACT <br /> A. RATE SCHEDULE <br /> Hourly rates valid for one year. The following rates will apply to actual time devoted by Schulke, Bittle & <br /> Stoddard, L.L. C . staff to this project computed to the nearest '/4 hour. <br /> Personnel Hourly Rate <br /> Principal $ 150 . 00 <br /> Project Manager/ Engineer $ 125 . 00 7 A <br /> Design Tech $ 100.00 <br /> Construction Manager $ 80. 00 <br /> Draftsman $ 75 . 00 <br /> Inspector $ 60 .00 <br /> Clerical $40. 00 <br /> Be INVOICES — Invoices will be provided on a monthly basis and will be based upon percentage of completion <br /> or actual hours . Pavment is due to Schulke, Bittle & Stoddard , L.L. C . , in accordance with the Local <br /> Government Prompt Payment Act <br /> C . COMMITMENTS — Fee and schedule commitments will be subject to re-negouation for delays caused by the <br /> client's failure to provide specified facilities or information, or any other unpredictable occurrences . <br /> D . ATTORNEY'S FEES — In connection with any dispute arising from the terms of this agreement, the <br /> prevailing party shall be entitled to all costs including reasonable attorney's fees at both the trial and appellate <br /> levels . <br /> E. OWNERSHIP AND USE OF DOCUMENTS — The plans , designs and documents prepared by Schulke, <br /> Bittle & Stoddard, L.L. C . , shall be the sole property of Schulke, Bittle & Stoddard, L.L. C . , until payment on <br /> any unpaid balance is made in full. The Client agrees that until payment is made in full, the client shall not <br /> have a proprietary interest in the plans, designs , and / or documents prepared by Schulke, Bittle & Stoddard, <br /> L.L. C . . Schulke, Bittle & Stoddard, L.L. C . shall have the absolute right to request the return of any and all <br /> drawings submitted to governmental bodies or other parties on behalf of the client in the event of non- <br /> payment of outstanding fees by the client per the terms of this agreement. <br /> F. INSURANCE - Schulke, Bittle & Stoddard, L.L.C . will maintain at its own expense Workman's <br /> Compensation Insurance, Comprehensive General Liability Insurance and Professional Liability Insurance <br /> and, upon request, will furnish the client a certificate to verify the same. <br /> G . TERMINATION — This agreement may be terminated without cause, by the authorized representative <br /> effective immediately on receipt of written notice. Payment will be due for services rendered through the date <br /> of written notice is received. <br /> H. TIME LIMIT — This proposal is valid for 90 days . <br /> I . DESIGN REVISIONS — Services resulting from changes in the extent of the project or major changes in <br /> documentation previously accepted by the client, where changes are due to permitting agency preferences , <br /> not code compliance, which are causes beyond the control or authority of Schulke, Bittle & Stoddard, <br /> L.L. C . will be provided as "additional services " . Errors and omissions in the engineering design will be the <br /> responsibility of Schulke, Bittle & Stoddard, L.L. C . , to rectify without compensation, unless said errors or <br /> omissions are due to design features dictated by the client or included in the information provided by the <br /> client. <br /> T . PERMITS — Submission of permit application does not guarantee receipt of a permit. <br /> K. CONCURRENCY — This design and permitting effort neither implies nor guarantees that concurrency will <br /> be met at the time of construction of the first phase or subsequent phases , nor is it the responsibility of <br /> Schulke, Bittle & Stoddard, L.L. C . , to continuously monitor levels or service or infrastructure capabilities . <br /> J :\PROPOSALS\Miscellaneous\6-23 -09 AMENDED Proposal to IRC to finish Enclave Project. doc 2 <br />