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= A4 z aMAHU� rArSa�s A :; INC. RESPONSIVE 'rRnNsrO IONS N SOLUTIONS MCMAHON ASSOCIATES, INC. STANDARD PROVISIONS FOR PROFESSIONAL SERVICES JULY, 2005 SERVICES McMahon Associates, Inc. reserves the right to make adjustments for individuals within these classifications as maybe desirable in its opinion by reason of promotion, demotion, or change in wage rates. Such adjustments will be limited to the manner in which charges are computed and billed and will not, unless so stated in writing, affect other terms of an agreement, such as estimated total cost. The following rates will apply to actual time devoted by McMahon Associates, Inc. staff to this project computed to the nearest one-half hour. PERSONNEL HOURLY RATES Principal$205.00 Senior Associate $195.00 Associate $180.00 Senior Engineer/Planner VII/Associate $175.00 Senior Engineer/Planner VI/Associate $160.00 Senior Engineer/Planner V/Associate $140.00 Senior Engineer/Planner IV/Associate $135.00 Senior Engineer/Planner III $125.00 Senior Engineer/Planner II $115.00 Senior Engineer/Planner 1 $110.00 Chief of Surveys $130.00 Traffic Control/Construction Specialist $l 10.00 Party Chief $ 95.00 Engineer VI $105.00 Engineer V $ 95.00 Engineer IV $ 90.00 Engineer III $ 85.00 Engineer II $ 80.00 Engineer l $ 75.00 Technician/Word Processor IV $ 70.00 Technician/Word Processor III $ 65.00 Technician/Word Processor If $ 60.00 Technician/Word Processor I $ 50.00 Survey Technician $ 50.00 Field Traffic Count Personnel $ 30.00 TERMS I . Invoices - Invoices will be provided on a monthly basis and will be based upon percentage of completion or actual hours, plus expenses. Payment is due to McMahon Associates, Inc. within 30 days of the invoice date. Unpaid balances beyond 30 days are subject to interest at the rate of 1.5% per month. This is an annual percentage rate of 18%. 2. Confidentiality - Technical and pricing information in this proposal is the confidential and proprietary property of McMahon Associates, Inc. and is not to be disclosed or made available to third parties without the written consent of McMahon Associates, Inc. 3. Commitments - Fee and schedule commitments will be subject to renegotiation for delays caused by the client's failure to provide specified facilities or information, or any other unpredictable occurrences. 4. Expenses - Automatic Traffic Recorder equipment usage will be billed at $20.00 per 24-hour count. Incidental expenses are reimbursable at cost, plus an administration fee of 10%. These include subconsultants, reproduction, postage, graphics, reimbursement of automobile usage at $.405 per mile, parking and tolls. Expenses which by company policy are not billed as reimbursable expenses to clients and therefore, will not be billed as part of this contract include the following: air travel, rental car, lodging, meals, and long distance phone charges between McMahon Associates offices. If it becomes necessary during the course of this project to travel elsewhere, those travel costs will be treated as reimbursable expenses. These expenses will be reflected in the monthly invoices. 5. Attorney's Fees - In connection with any litigation arising from the terms of this agreement, the prevailing party shall be entitled to all costs including reasonable attorney's fees at both the trial and appellate levels. 6. Ownership and Use of Documents - All original drawings and information are to remain the property of McMahon Associates Inc. The client will be provided with copies of final drawings and/or reports for information and reference purposes. 7. Insurance - McMahon Associates, Inc. will maintain at its own expense Workman's Compensation Insurance, Comprehensive General Liability Insurance and Professional Liability Insurance and, upon request, will furnish the client a certificate to verify same. 8. Termination - This agreement may be terminated by the authorized representative effective immediately on receipt of written notice. Payment will be due for services rendered through the date written notice is received. 9. Binding Status - The client and McMahon Associates, Inc. bind themselves, their partners, successors, assigns, heirs, and/or legal representatives to the other party to this Agreement, and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Contract. F_\FL\General Office Documents\MeM Templates 2002\StandardProv2005\Stndprv0120 July 2005. doc 11 ti'_ �lilitarc I II luitc �, Paim li�ach l�ardcn.. 1 13410 sol 84o xo o I,tc 01 S40'0011 c-m.nl john dcp,ilmu�a;0irg1U'am.rOni Itltnttir, [h"I(L7 Mh/ fru I avland Rt';;luth