Texas Registered Engineering Firm F-6031

Terms and Conditions

I. Acceptance of this Agreement

a. In the event that the Client asks MEADOWS ANALYSIS & DESIGN, LLC to proceed with any work on this Project, but is unable to return a signed copy of this Agreement to us, it is assumed that both parties have agreed with all of the terms and conditions of this Agreement.

II. Fee

a. The total fee, stated on Page 1, is based on the project information available as of the date of this Agreement. It is specifically understood and agreed that when a lump sum fee is quoted, the fee covers the performance of corresponding services only one time after authorization to proceed with the final work. Any changes or revisions in the concept and scope after authorization to proceed with the final design of the various elements of the project will be agreed upon in advance and in writing and billed on an hourly bases as described below;

  1. Principle Engineer $200 per hour
  2. Senior Engineer $175 per hour
  3. Project Engineer $150 per hour
  4. Design Engineer $125 per hour
  5. CAD Technician $95 per hour

III. Reimbursable Expenses

a. Reimbursable Expenses are defined as follows and shall be invoiced at direct cost(invoice) plus 10% for handling;

  1. Expense of reproductions, postage delivery/shipping and handling of Drawings, Specifications, and other Documents.
  2. Expense of transportation in connection with the Project; expenses in connection with out- of-town travel; and fees paid for securing approvals of authorities having jurisdiction over the Project

IV. Billings/Payments

a. An invoice will be prepared upon completion of work or on a monthly basis, whichever occurs first. Payment for services rendered is due thirty days from date of invoice or stated on the invoice. Any invoice over 30 days past due is considered late.

V. Late Payments

a. Late payments(over 30 days past due) may be subject to a 1.5% per month (18% per annum) service charge on the unpaid balance at the sole election of MEADOWS ANALYSIS & DESIGN, LLC.

VI. Indemnification

a. The Client and MEADOWS ANALYSIS & DESIGN, LLC mutually agree to, to the extent permitted by law, indemnify and hold each other harmless from any damages, losses, including reasonable attorney’s fees, arising from their own negligent acts, errors or omissions in the performance of services under this Agreement, to the extent that each party is responsible for such damages and losses on a comparative basis of fault.

VII. Ownership of Documents

a. Drawings, Specifications and other documents prepared by MEADOWS ANALYSIS & DESIGN, LLC are instruments of the Engineer’s service for use solely with respect to this Project and, unless otherwise provided, the Engineer shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights including the copyright. The Client shall be permitted to retain copies, including reproducible copies, of the Engineer’s Drawings, Specifications and other documents for information and reference. The Engineer’s Drawings, Specifications or other documents shall not be used by the Client or others, unless the Engineer is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Engineer.

VIII. Applicable Laws

a. Unless otherwise specified, this Agreement shall be governed by the laws of the State of Texas.

IX. Facsimile(Fax) Signatures

a. Fax executed copies of the Agreement shall be fully binding and effective for all purposes whether or not originally executed documents are transmitted to MEADOWS ANALYSIS & DESIGN, LLC. Fax signatures on this document will be treated the same as original signatures.

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