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, , EAS ENGINEERING, INC. GENERAL CONDITIONS FOR PROFESSIONAL ENGINEERING SERVICES (Effective January 1, 2009) 1. Schedule of Professional Fees Registered Engineer Time Engineer/Scientist Time Engineering Technician Time CADD/GIS Operator Time Technician Time Clerical $200.00 per hour $150.00 per hour $100.00 per hour $ 85.00 per hour $ 75.00 per hour $ 35.00 per hour Our professional fees do not include the cost of water quality testing, soils testing, plan review fees, permit fees, surveys by a registered surveyor, drainage tests, traffic engineering or out of pocket expenses. Fees may be adjusted yearly. 2. Schedule of Out of Pocket Expenses Photocopies Mileage BoatlArgo Usage Postage Long Distance Telephone including taxes Mobile Phone expenses including taxes Shipping Printing Sustenance (out of town only) Travel Expense Parking Fees & Tolls $ 0.25 each $ 0.32 per mile $200/day at cost at cost at cost at cost at cost at cost at cost Costs may be adjusted yearly 3. Invoicing EAS Engineering, Inc. will prepare invoices on a monthly basis for all work performed in the prior month, on or about the 5th of each month. All invoices shall be due and payable upon receipt. Interest at a rate of One Percent (1.0%) per month will be added to all amounts not paid within 30 days of the date of our invoice. EAS Engineering, Inc. reserves the right to discontinue work on past due accounts. The client agrees to pay EAS Engineering, Inc. for all costs associated with the collection of past due accounts, including attorneys fees. 4. Retainers Retainers will be applied to our final invoice for services. 5. Outside Consultants When the use of an outside sub consultant is required, the client will enter into an agreement with the sub consultant directly. At the client's request, EAS Engineering, Inc. will assist the client in procuring a sub consultant and will coordinate the work with the sub consultant as required. EAS Engineering, Inc. does not assume responsibility or liability for the selection or work of the sub consultants. If however, outside consultants are retained and billed by EAS Engineering, Inc. a 20% mark-up will be added to consultant invoices. 6. Termination of Agreement This agreement may be terminated by either party upon thirty (30) days written notice. The client agrees to reimburse EAS Engineering, Inc. for all professional fees and costs incurred up to the date termination is effective. 7. Liability The client herein agrees that EAS Engineering, Inc.'s sole liability will be limited to the actual amount paid by client. 8. Ownership of Data EAS Engineering, Inc. shall retain ownership of all original data, including but not limited to sketches, plans, reports, applications, etc. The final plans, reports, etc. are for the exclusive use of the client. EAS Engineering, Inc. is not responsible for the unauthorized use of any plans, reports, sketches, etc. by others. 9. Miscellaneous Provisions This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations and agreements, be they verbal or written. The parties agree that venue for any legal action rising from this Agreement will be Dade County, Florida, and the prevailing party shall be entitled to recover incurred legal costs. The undersigned acknowledges and agrees that he/she will personally guarantee payment to EAS of all its invoices and that he/she shall be responsible for all costs of collection including attorney's fees. BY: PRINTED NAME SIGNATURE DATE AS TO PERSONAL GUARANTEE DATE BY: PRINTED NAME SIGNATURE \\Eas-srv-Ol\marketing\misc\00gencon2009.wpd