Loading...
HomeMy WebLinkAboutContract 1707This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. This document should be adapted to the particular circumstances of the Assignment and the Controlling Law. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PHASE PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ACEC National Society of Professional Engineers Professional Engineers In Private Practice of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES EJCDC No. 1910-19 (1996 Edition) AMERICAN SOCIETY OF CIVIL ENGINEERS Copyright © 1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4344 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PHASE PROFESSIONAL SERVICES This is an Agreement effective as of January 27, 2003, (Effective Date") between the City of Columbia Heights, ("OWNER") and Short Elliott Hendrickson, Inc. ("ENGINEER"). OWNER retains ENGINEER to perform professional services, in connection with the Utility Rate Study ("Assignment"). OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein, agree as follows: ARTICLE 1-ENGINEER S SERVICES 1.01 Scope A. ENGINEER shall provide the services set forth in Exhibit SR-A. B. Upon this Agreement becoming effective, ENGINEER is authorized to begin services as set forth in Exhibit SR-A. C. If authorized in writing ~gy OWNER, and agreed to by ENGINEER, services beyond the scope of this Agreement will be performed by ENGINEER for additional compensation. ARTICLE 2-OWNER'S RESPONSIBILITIES 2.01 General A. OWNqER shall have the responsibilities set forth herein and in Exhibit SR-A. ARTICLE 3--TIMES FOR RENDERING SERVICES 3.01 ENGINEER's services will be performed within the time period or by the date stated in Exhibit SR-A. 3.02 If ENGINEER's services are delayed or suspended in whole or in part by OWNER, ENGINEER shall be entitled to equitable ,adjustment of the time for performance and rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by ENGINEER in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. ARTICLE 4-PAYMENTS TO ENGINEER 4.01 Methods of Payment for Services of ENGINEER. A. OWNER shall pay ENGINEER for services rendered under tiffs Agreement as follows: 1. An amount equal to the cumulative hours charged to the Assignment by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class for all services performed on the Assignment, plus Reimbursable Expenses, estimated to be $25,937.00. The total compensation under paragraph 4.01.A.! to complete the study in accordance with the scope of services at an hourly not-to-exceed l~e of $26,000.00. 2. ENGINEER's Reimbursable Expenses Schedule and Standard Hourly Rate Schedule are attached to this Agreement as Exhibits SR-C and SR-D, respectively. 3. The amounts billed for ENGINEER's services will be based on the cumulative hours charged to the Assignment during the billing period by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and ENGINEER's Consultants' charges, if any, incurred during the billing period. 4.02 Other Provisions Concerning Payment A. Estimated Compensation Amounts. becomes apparent to ENGINEER that a compensation amount thus estimated will be exceeded, ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of services remaining to be performed and compensation for such services. OWNER shall either agree to such compensation exceeding said estimated amount or OWNER and ENGINEER shall agree to a reduction in the remaining services to be rendered by ENGINEER, so that total compensation for such services will not exceed said estimated amount when such services are completed. B. Adjustments 1. ENGINEER's compensation is conditioned on time to complete the Assignment not exceeding the time identified in Exhibit SR-A. Should the time to complete the Assignment be extended beyond this period due to reasons not the fault of and beyond the control of ENGINEER, the total compensation to ENGINEER shall be appropriately adjusted. 2. If used, the Standard Hourly Rates Schedule, Reimbursable Expenses Schedule, Direct Labor Costs and the Factor applied to Direct Labor Costs will be adjusted annually (as of ) to reflect equitable changes to the compensation payable to ENGINEER. C. Reimbursable Expenses. Reimbursable Expenses means the actual expenses incurred by ENGINEER or ENGINEER's Consultants directly in connection with the Assignment, including the categories and items listed in Exhibit SR-C, and if authorized in advance by OWNER, overtime work requiring higher than regular rates. D. For Additional Services. OWNER shall pay ENGINEER for all services not included in the scope of this Agreement on the basis agreed to in writing by the parties at the time such services are authorized by OWNER. 1. ENGINEER's estimate of the amounts that will become payable are.only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to ENGINEER under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently ARTICLE 5-DESIGNATED REPRESENTATIVE 5.01 Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall each designate specific individuals as ENGINEER's and OWNER's representatives with respect to the services to be performed or funfished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall, have authority, to transmit instructions, receive information, and render decisions relative to the Assignment on behalf of their respective party. ARTICLE 6-CONTENT OF AGREEMENT D. Exhibit SR-D, "Standard Hourly Rates," consisting of 1 page. 6.02 Total Agreement A. This Agreement (consisting of pages 1 to ~ inclusive, together with the Exhibits identified in paragraph6.01) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 6.01 The following Exhibits are incorporated herein by reference: A. Exhibit SR-A, "Further Description of Services, Responsibilities, Time, and Related Matters," consisting of_2 pages. B. Exhibit SR-B, "Standard Terms and Conditions," consisting of 4 pages. C. Exhibit SRoC, "Reimbursable Expenses Schedule," consisting of _2 pages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: yckoff J City Ma~a'~r,t~C/aft l~ehst "- /.-' Date Signed: ,:~///~//~ ~ / ! Address for giving notices: Columbia Heights City Hall 590 40t~ Ave. N.E. Columbia Heights, MN 55421 ENGINEER: Title: Date Signed: Address for giving notices: Short Elliot Hendrickson 3535 Vadnais Center Drive St. Paul, MN 55110-5196 Designated Representative (Paragraph 5.01): Name: Kevin Hansen, P.E. Title: Director of Public Works Phone Number: 763/706-3705 Facsimile Number: 763/706-3701 E-Mail Address: kevin.hansen@ci.columbia-heights.mn.us Designated Representative (Paragraph 5.01): Name: David Simons, P.E. Title: Principal/Project Manager Phone Number: 651/490-2066 Facsimile Number: 651/490-2150 E-Mail Address: dsimons~sehinc.com 4 EXHIBIT SR-A This is EXHIBIT SR-A, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Study and Report Phase Professional Services dated January 27, 2003. Initial: OWNER ~ ENGINEER Further Description of Services, Responsibilities, Time, and Related Matters Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties: A.1.01 ENGINEER's Services A. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and available data. Owner nainimum requirements are set fo~xh in the Request for Proposals (RFP), dated November 27~ 2002. 2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of ENGINEER's services, and assist OWNER in obtaining such data and services. Engineer has provided a listing of required information to owner in proposal dated December 27, 2002. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction relevant to the Assignment. 4. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches and recorrunended rates with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and those alternate rates available to OWNER which ENGINEER recommends. This Report x~4ll meet tile minimttm requiren~ents of fl~e owner as defined in tile scope of project in the RFP and those services included ~ithin the project approach of the Engineer proposal. 5. Perform or provide the following additional tasks or deliverables: N/A 6. Furnish 10 review copies of the Report to OWNER within * days of the Effective Dates of this Agreement and review it with OWNER. 7. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and furnish 10 final copies of the revised Report to the OWNER within ~ days after completion of reviewing it with OWNER. * Sec proposed Project Schedule contained in the l?.ngineer Proposal. A.2.01 OWNER's Responsibilities A. OWNER shall do the following in a timely manner, so as not to delay the services of ENGINEER: Page 1 of 2 Pages (Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters) 1. Provide all criteria and full information as to OWNER's requirements for the Assignment, and as indicated in the RFP dated November 27, 2002. 2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the Assigranent, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and finxtish to ENGINEER services of others as required for the performance of ENGINEER's services. Minimtma infom~ation to be fimfished by O~aer has been detailed by Engineer in the Proposal dated December 27, 2002. ; B. ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. C. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this paragraph A.2.01. A.3.01 Times for Rendering Services A. The time period for the performance of ENGINEER's services shall be * months with milestones established as follows: · Proposed project schedule contained in Engineer Proposal dated December 27. 2002. Owner acknowledged start time is subject to the delivery of Owner required information. B. ENGINEER's services under this Agreement will be considered complete when all deliverables set forth in Exhibit SR-A are submitted to OWNER. A.4.02 Other E. OWNER has established the following budgets: $26,000.00. Page 1 of 2 Pages (Exhibit SR-B - Standard Terms and Conditions) EXHIBIT SR-B Standard Terms and Conditions This is EXHIBIT SR-B, consisting of 5 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Study and Report Phase Professional Services dated January 27, 2003. Initial: OWNER '--~~.S ENGINEER Article 6 of the Agreement is amended and supplemented to include the following agreement of the parties: B.6.01.B Standard Terms and Conditions Standard of Care The standard of care for all professional services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. Independent Contractor All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit, and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. Payments to ENGINEER Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER monthly, unless otherwise agreed. Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges. Insurance ENGINEER will maintain insurance coverage £or Workers' Compensation, General Liability, and Automobile Liability and will provide certificates of insurance to OWNER upon request. Indemnification and Allocation of Risk a. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's officers, directors, pannerS, afi~f~mployees from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINEER's officers, directors, panners, employees, and consultants in the performance of ENGINEER's services under this Agreement. b. To the fullest extent pem~itted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER's officers, directors, panners, employees, and consultants from and against costs, losses, and Page 1 of 4 Pages (Exhibit SR-D - Standard Hourly Rates Schedule) damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, and consultants with respect to .this Agreement. c. To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by, through, or under OWNER for any injuries, losses, damages and expenses caused in part by the negligence of ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER, ENGINEER, and all other negligent entities and individuals. d. In addition to the indemnity provided under paragraph B.6.01.B.5.b. of this Exhibit, and to the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's officers, directors, partners, employees, and consultants from and against injuries, losses, damages and expenses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and (ii) nothing in this paragraph B.6.01.B.5.d shall obligate OWNER to indemnify any individual or entity to the extent of that individual or entity's own negligence or willful misconduct. e. The indemnification provision of paragraph B.6.01.B.5.a. is subject to and limited by the provisions agreed to by OWNER and ENGINEER in paragraph B.6.01 .B.6, "Limit of Liability," of this Agreement. LIMIT OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY, IN THE AGGREGATE, OF ENGINEER AND ENGINEER'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND CONSULTANTS, OR ANY OF THEM TO OWNER AND ANYONE CLAIMING BY, THROUGH, OR UNDER OWNER, FOR ANY AND ALL INJURIES, LOSSES, DAMAGES AND EXPENSES, WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THIS AGREEMENT FROM ANY CAUSE OR CAUSES INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, OF ENGINEER OR ENGINEER'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND CONSULTANTS, OR ANY OF THEM, SHALL NOT EXCEED THE TOTAL AMOUNT OF $2.000,000. Dispute Resolution a. OWNER and ENGINEER agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("disputes") to mediation. b. If a party alleges a dispute or controversy with the other party arising out of or relating to the performance of services under this Agreement, then either party shall have the right to request mediation within 20 days after the claiming party has provided the other party with written notice describing the dispute and the claiming party's position with reference to the resolution of the dispute. c. Except as otherwise agreed, mediation will proceed pursuant to the Construction Industry Mediation Rules of the American Arbitration Association in effect on the Effective Date of the Agreement. A mediator will be appointed within 30 days of receipt of a written request. The mediator will endeavor to complete the mediation within 30 days thereafter. d. No performance obligation under or related to this Agreement shall be interrupted or delayed during any mediation proceeding except upon written agreement of both parties. Page 2 of 4 Pages (Exhibit SR-D - Standard Hourly Rates Schedule) 10. 11. 12. 13. e. The mediator shall not be a witness in any legal proceedings related to this Agreement. Termination of Contract Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, OWNER shall pay to ENGINEER all amounts owing to ENGINEER under this Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs. Access OWNER shall arrange for safe access to and make all provisions for ENGINEER and ENGINEER's Consultants to enter upon public and private property as required for ENGINEER to perform services under this Agreement. Hazardous Environmental Conditions It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantifies or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Assignment affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with ENGINEER's activities under this Agreement. Patents ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anything made, used, or sold arising out of the services performed under this Agreement will be free from infringement of patents or copyrights. O,.~ership and Reuse of Documents All documents prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service, and ENGINEER shall retain an ownership and property interest therein. Reuse of any such documents by OWNER shall be at OWNER's sole risk; and OWNER agrees to indemnify, and hold ENGINEER harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by OWNER or by others acting through OWNER. Use of Electronic Media a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring docul'nenti'in electronic media format, ENGINEER makes no representations as to long- term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. Page 3 of 4 Pages (Exhibit SR-D - Standard Hourly Rates Schedule) 14. 15. 16 17. 18. 19. 20. 21. 22. 23. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have .accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. Opinions of Probable Construction Cost NOT USED Opinions of Total Project Costs NOT USED Force Majeure ENGINEER shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond ENGINEER's reasonable conlxol. Assignment Neither party shall assign its fights, interests or obligations under this Agreement without the express written consent of the other party. Binding Effect This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. Severability and Waiver of Provisions Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Survival All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. Headings The headings used in this Agreement are for general reference only and do not have special significance. Controlling Law This Agreement is to be governed by the law of the state in ~vhich the ENGINEER's principal office is located. Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices'shall be effective upon the date of receipt. Page 4 of 4 Pages (Exhibit SR-D - Standard Hourly Rates Schedule) EXHIBIT SR-C Schedule of Expenses Vehicle Mileage Rates All Vehicles $0.36/rnile Vehicle Allowance Costs Resident Project Representative Survey Van $10.00/day $4.50/hour + $0.365/mile Computer Equipment Computer Charges per Direct Hour of Labor Engineering Computers Compaq AutoCAD Computers Word Processing Computers Total Station with AutoLock Total Station without AutoLock Global Positioning System (GPS) $3.00/hour $12.00/hour $20.00/hour $7.50/hour $20.00/hour $10.00/hour $25.00/hour Other expenses for additional items ma)' be required by the Owner to fulfill the terms of a specific authorization Traffic Counter Video Camera Boat Rental ATV Rental Snowmobile Rental Wastewater Sampler $25.00/unit/count $4.00/hour plus tape $50.00/day $50.00/day $50.00/day S340.00/week Evaluation Equipment Gas Meter Tooke Gauge (Paint Identification) LIT Gauge (Metal Thic ~kness) Elcometer (Adhesion Strength) Dr)' Film Thickness Gauge Nuclear Density Tester Flow Meters $20.00/day* S20.00/day* $20.00/day* $20.00/day* $12.00/day* $200.00/week $75.00/week Safety Equipment Includes: Tripod/Retriever System; Belts; Lanyards $30.00/day* * On projects extending o~ (1') ~,,eek or longer, above costs should represent weeldy rates. Effective: January 1, 2003 Expires: December 31, 2003 Short Elliott Hendrickson Inc. Schedule of Expenses, cont. Identifiable Reproduction and Reprographic Costs I tern 81/zxll llx17 Large ]'er Item Format PhOtocopy .08 '. 14 .... Color Copy (24 & less copies per 1.25 1.50 .... original) Color Cop)' (25 - 49 copies per 1.00t'') 1.25~'-'~ .... original) Transparency -blac -k/white .75 ...... Transparen .cy - color 2.00 ...... Blackline .... 1.05 -- Mylar .... 5.00 -- Vellum .... 2.00 -- Scanning (per sq. ft.) .40 Creating a CD .... 20.00 .- Laminamm Unmounted 2.00 3.50 50.00 Lamination Mounted ('24'X36" & 40.00 sm~dler'~ Lamination Mounted (larger than 75.00 24"x36") Collating/Binding/Cover 4.C~) 3-Ring Binders/Graphics , Size: l" 2" 3" 4" 3-Ring Binders/Graphics Cost: 3.92 5.11 8.85 19.91 Tabs (per tab) .20 Machine Folding .O2 :~.1 ai li ng/Proccssing 5.00 cI~ Includes operator time. * On projects extending one (I) week or longer, above costs should represent weekly rates. ~2~ Further color copy price breaks apply to quantities over 49 copies per original. Effective: January I, 2003 Prices are subject to change on a quarterly basis and may not be accompanied by immediate notification. F ,,ri:ar k e: xprol~ ~sal',e xpe n se s2003.doc Shod Elliott Hendrickson Inc. EXHIBIT SR-D Schedule of Rates Classification Project Manager Project Engineer/Architect/Planner/Scientist Staff Engineer/Architect/Planner/Scientist Lead Technician Senior Technician Technician Administrative Technician Project Specialist (]) Billable Rate $118.50 $109.00 $96.00 $96.00 $88.00 $73.00 $61.00 $70.00 - $170.00 Expenses Mileage Reproductions $0.36 See attached Schedule of Expenses (' The actual rate charged for "project specialist" is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: Expires: January 1, 2003 December 31, 2003 Proposed Billing Classifications Key Staff Dave Simons Doug Klamerus Pat Planton John Flora Mark Lobermeier Billing Classification Project Manager Prqject Engineer Project Engineer N/A Project Manager/Project Advisor Hourly Rate $118.50 $109.00 $109.00 N/A $118.50 Short Elliott Hendrickson Inc.