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<br />ATI
<br />Standard Terms and Conditions
<br />1.0 Professional Services Fees
<br />1.1 Labor Fees: Unless otherwise agreed to, fees for
<br />professional services are based on the time charged to the
<br />project. The fees are based on the rates listed below:
<br />Classification Hourly Rate
<br />Officers $150.00
<br />Principal Architect/Designer $110.00
<br />Manager/Supervisor $110.00
<br />Senior Engineer $ 98.00
<br />Engineer/Senior Designer $ 86.00
<br />Architectural Designer $ 75.00
<br />Junior Engineer/Designer $ 75.00
<br />CADD Operator $ 64.00
<br />Technician $ 50.00
<br />Administrative $ 46.00
<br />Associate 1.8 x Hourly Rate
<br />Temporary Employee 2.5 x Hourly Rate
<br />Expert Witness: For appearances as a witness in connection
<br />with litigation, arbitration, or other proceedings, time shall be
<br />billed at a rate of 2.0 x the above Hourly Rate, with a 4 -hour
<br />minimum charge each day appearances are required.
<br />1.2 Reimbursable Expenses: Project-related direct costs,
<br />including but not limited to the following items, are billed as
<br />follows:
<br />1) ATI's direct cost plus 15 percent for:
<br />a) Postage, freight, and other shipping charges.
<br />b) Travel, lodging, and subsistence expenses.
<br />c) Rental or purchase of materials and equipment.
<br />d) Subcontracts and Subcontractors.
<br />e) Outside Blueprinting and reprographics services
<br />2) ATI's standard service center rates for:
<br />Mileage $ 0.31/mile
<br />Photocopies $ 0.15/copy
<br />Facsimiles $ 1.50/page
<br />Blue Prints $ 3.00/print
<br />Film Developing $20.00/per roli/per copy
<br />Plots $50.00/sheet/final plot
<br />2.0 Terms and Conditions
<br />2.1 Scope of Service: The scope of services provided by ATI
<br />shall be set forth in project scope documents approved by Client.
<br />Services requested by Client which are not set forth in project
<br />scope documents shall be paid for by Client as Additional
<br />Services, in accordance with the current fee schedule. Additional
<br />Services include, but are not limited to, changes in the scope or
<br />detail of the work made at the request of Client; services made
<br />necessary by unforeseen conditions not disclosed to ATI before
<br />entering into this agreement; services as a witness in connection
<br />with litigation, arbitration, or other proceedings against persons
<br />other than ATI; arid any other service performed by ATI not
<br />reasonably within the scope of the work envisioned at the time of
<br />entering into this agreement.
<br />2.2 Invoices: ATI may submit invoices monthly but is not re-
<br />quired to do so. Invoices are payable upon receipt. Interest of
<br />one and one-half (1-1/2) percent per month will be payable on
<br />any amounts not paid within 30 days from invoice date. Any
<br />and all costs incurred in collecting any delinquent amount,
<br />including attorney's fees, shall be paid by Client. ATI may
<br />suspend work in the event that Client's account is not
<br />maintained current. Client releases ATI from, and shall
<br />indemnify and hold ATI harmless from and against, any and ail
<br />claims or other consequences, including attorneys and expert
<br />witness fees, arising from ATI's suspension of work due to
<br />Client's nonpayment of invoices. Summary information will be
<br />provided on the invoices in accordance with ATI's standard
<br />billing practices. If requested, ATI will provide additional
<br />documentation at the Client's expense, in accordance with the
<br />rates specked in ATI's professional services fees. Audit of any
<br />charges maybe performed at Client's request and expense, by
<br />an independent Certified Public Accountancy firm. Such audit
<br />shall be limited to a review of time cards to verify labor charged
<br />to the contract and documentation for reimbursable expenses.
<br />2.3 Limitation of Liability: ATI'S SERVICES WILL BE
<br />PERFORMED IN A MANNER CONSISTENT WITH THE LEVEL OF
<br />CARE AND SKILL ORDINARILY EXERCISED BY MEMBERS OF THE
<br />DESIGN PROFESSION CURRENTLY PRACTICING IN THE SAME
<br />LOCALITY UNDER SIMILAR CONDITIONS. THIS ASSURANCE IS
<br />OFFERED IN LIEU OF ANY WARRANTY, EITHER EXPRESSED OR
<br />IMPLIED. ATI'S LIABILITY ON ACCOUNT OF ANY CLAIM OF LOSS,
<br />DAMAGE OR EXPENSE OF ANY KIND OR CHARACTER RELATED
<br />DIRECTLY OR INDIRECTLY TO THE PERFORMANCE OF ITS
<br />SERVICES FOR CLIENT, SHALL BE LIMITED TO THE AMOUNT
<br />AUTHORIZED TO THE RELATED TASK PERFORMED FOR CLIENT
<br />OR 550,000.00, WHICHEVER IS LESS. SAID LIMIT SHALL BE AN
<br />AGGREGATE SUM WHICH SHALL INCLUDE ALL PAYMENT,
<br />WHETHER TO CLIENT, TO CLIENT'S CONTRACTORS OR SUB-
<br />CONTRACTORS, TO ATI PERSONNEL, OR TO THIRD PARTIES.
<br />ADDITIONAL COVERAGE MAY BE OBTAINED AT CLIENT'S
<br />EXPENSE, AND FAILURE TO EXERCISE THE OPTION FOR
<br />ADDITIONAL COVERAGE WAIVES ANY CLAIM OF LIABILITY
<br />BEYOND SUCH LIMITS. THIS LIMITATION ON ATI'S LIABILITY
<br />SHALL APPLY WHATEVER THE NATURE OF ANY CLAIMED BASIS
<br />OF LIABILITY INCLUDING (WITHOUT LIMITATION) CONTRACT,
<br />WARRANTY (EXPRESSED OR IMPLIED), TORT, ABSOLUTE OR
<br />STRICT LIABILITY, ACTIVE OR PASSIVE NEGLIGENCE,
<br />PROFESSIONAL ERRORS OR OMISSIONS, AND ANY OTHER
<br />THEORY. CLIENT FURTHER AGREES THAT IN NO EVENT SHALL
<br />ATI BE LIABLE FOR ANY CLAIMS OR DAMAGES OF ANY NATURE
<br />(INCLUDING COSTS RELATED THERETO) UNLESS SUCH CLAIMS
<br />AND DAMAGES ARE THE DIRECT RESULT OF ATI'S NEGLIGENT
<br />PERFORMANCE OF THE WORK PERFORMED UNDER THIS
<br />AGREEMENT. ATI SHALL NOT BE HELD LIABLE FOR ANY DAMAGE
<br />RESULTING FROM "ACTS OF GOD,' INCLUDING BUT NOT LIMITED
<br />TO: EARTH4UAKES, FIRES, WIND STORMS, FLOODS,
<br />TORNADOES, HURRICANES AND THE LIKE. IN ADDITION, ATI
<br />SHALL NOT BE LIABLE TO CLIENT OR THIRD PARTIES FOR
<br />CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR RELIANCE DAM-
<br />AGES. ATI SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR
<br />CLAIMS WHICH ARISE, DIRECTLY OR INDIRECTLY, IN THE
<br />FOLLOWING CIRCUMSTANCES:
<br />A) INFORMATION THAT HAS BEEN PROVIDED TO ATI BY CLIENT
<br />OR CLIENT'S AGENTS IS INACCURATE, FALSE, OR
<br />MATERIALLY MISLEADING AND ATI HAS RELIED ON THE
<br />DATA AS A BASIS OR INPUT TO ITS WORK.
<br />B) CLIENT, CLIENTS AGENTS, SUPPLIERS, CONTRACTORS,
<br />THIRD PARTIES, OR SERVANTS FAIL TO ASSURE THAT
<br />CONSTRUCTION CONFORMS TO DESIGN.
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