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ENM. Commercial Terms
<br /> ENSR Corporation Time and Materials Agreement
<br /> Effective April 1, 1999
<br /> SCOPE OF SERVICES-ENSR Corporation,referred to herein as"ENSR",will perform the services described in its
<br /> proposal,or,in the absence of a proposal,as defined in writing and approved by ENSR and Client,referred to herein as
<br /> "Services"in accordance with the following"Commercial Terms'. These services shall be performed on a Time and
<br /> Materials basis.
<br /> BILLING RATES
<br /> STAFF-Charges for all professional,technical and administrative personnel directly charging time to the project will be
<br /> calculated and billed on the basis of the following staff category hourly"Billing Rates". Billing Rates are in U.S.dollars,
<br /> net of all applicable taxes,duties,fees and related charges,and include fringe benefits,burden and fee.
<br /> Staff Category Rate/Hour Staff Category Rate/Hour Staff Category Rate/Hour S C�
<br /> $60.00 P9 $110.00 P13
<br /> :P7
<br /> $70.00 5 $200.00
<br /> $85.00 $135.00
<br /> $95.00 P12 $145.00
<br /> All staff personnel have been classified in the above staff categories based on discipline skills,education and experience
<br /> level.
<br /> All travel,to a maximum of eight hours per day,will be charged at the Billing Rates. Billing Rates are based on a forty-
<br /> hour work week. Overtime hours for exempt employees(non-hourly)will be charged at the standard Billing Rates.
<br /> Overtime hours of non-exempt(hourly-non-supervisory)employees are charged at 130%of the Billing Rates.
<br /> LITIGATION SUPPORT-in the event that ENSR's employees are requested by Client or compelled by subpoena or
<br /> otherwise by any party to give expert or witness testimony or otherwise participate in a judicial or administrative
<br /> proceeding involving the Client at any time,Client shall compensate ENSR at 150%of the Billing Rate,including
<br /> preparation time,and shall reimburse ENSR for all out of pocket costs as provided herein.
<br /> RETAINER-ENSR may require advance deposit of funds on specific projects based upon project cost estimates. In
<br /> those instances, ENSR and the Client will mutually provide terms for the deposit of advance payments and provisions for
<br /> crediting such advances against invoices for Services completed.
<br /> OTHER DIRECT COSTS-"Other Direct Costs"are all costs and expenses incurred by ENSR directly attributable to the
<br /> performance of Services together with a twenty percent(20%)fee. Other Direct Costs include subcontracts,materials,
<br /> shipping charges,special fees,permits,special insurance and licenses,outside computer time,and miscellaneous costs.
<br /> Travel and travel-related expenses and equipment purchased for a project with advance authorization are computed on
<br /> the basis of actual cost plus a ten percent(10%)fee. All other internal expenses(reproduction,telephone,facsimile,etc.)
<br /> will be charged as a percentage of labor cost,or as quoted.
<br /> INVOICING AND PAYMENT-Invoices will be issued monthly itemizing the staff categories,hours worked,rates,and the
<br /> Other Direct Costs. Copies of supporting documentation will be provided upon Client's request and at Client's expense,to
<br /> include associated labor and copying costs. Original receipts will be available for review at ENSR's Acton,MA office,but
<br /> will not be released. Payments are due at the address appearing on the invoice within thirty(30)days of invoice date.
<br /> Invoices not paid within thirty(30)days are subject to interest from the 31st day at the rate of 1-112%per month(18%per
<br /> annum)but not to exceed the maximum interest allowed by law. in addition, ENSR may,after giving seven(7)days
<br /> written notice to Client,suspend Services without liability until the Client has paid in full all amounts due ENSR on account
<br /> of Services rendered and expenses incurred including interest on past due invoices or t8rminate Services without liability.
<br /> If there is a disputed amount on an invoice,Client agrees to pay all undisputed amounts in the thirty(30)day period. In
<br /> the event that ENSR places Client's account in the hands of an attorney for collection,Client agrees to pay ENSR all fees
<br /> and expenses,including attorneys'fees and expert fees,necessitated thereby.
<br /> ESTIMATES OF COSTS AND SCHEDULES-ENSR's estimates of costs and schedules are for Client's budget and
<br /> planning assistance only. Cost and schedule estimates are based on ENSR's best judgment of the requirements known
<br /> at the time of the proposal and can be influenced favorably or adversely by Client needs and other circumstances. ENSR
<br /> will endeavor to perform the Services and accomplish the objectives within the estimated costs and schedule,but in no
<br /> event shall ENSR's estimate be interpreted as a not-to-exceed or fixed price. In the event ENSR is required to exceed its
<br /> original estimate for any reason,the Client may wish to(1) redefine the scope of Services in order to accomplish Client's
<br /> budget objectives,or(2)terminate Services at a specific expenditure level. If option(2) is chosen,ENSR will turn over all
<br /> information to the extent completed at the authorized level without further obligation or liability to either party except
<br /> payment for Services performed. Notwithstanding any other terms to the contrary,ENSR shall be entitled to a change
<br /> order for additional compensation or additional time to perform its work,in the event that work outside the Services is
<br /> requested or required to be performed by ENSR,or in the event that the assumptions underlying ENSR's proposal prove
<br /> to be different from the facts actually encountered by ENSR during the performance of the Services.
<br /> AGREEMENT-These Commercial Terms and the attached General Conditions ENSR Farm 102(7/97)govem the
<br /> performance of the Services and rights and obligations of the parties
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