Agenda - 02-03-1997 - 8d - Laserfiche WebLink

Browse Search

' TER_NIS AND CO.`DITiO`S 3 Ballentine & Rilev Surveyors. P.A. hereinafter called the Firm, will perform the services outlined in this agreement for the stated fee. Access to Site: Unless otherwise stated, the Firm will have access to the site for activities necessary for the performance of the services. Tile firm will take precautions to minimize damage due to theses activities, but have not included in the fee the cost of restoration of any resulting damage. Fee: The total fee, unless otherwise stated, shall be understood to be an estimate, and shall not be exceeded by more than twenty percent without written approval of the Client. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. Current rates are as follows: Principal Registered Land Surveyor $65.00 Registered Land Surveyor II $60.00 4-man Survey Crew $90.00 CADD Operator II $50.00 3-man Survey Crew $80.00 Survey Technician $35.00 2-man Survey Crew $70.00 Clerical $30.00 Billings/Payments: Invoices for the Firm's services shall be submitted, at the Firm's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 20 days after the invoice date; a 2% discount may be applied to invoices paid within ten days from date of invoice. If the invoice is not paid within 30 days, the Firm may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% on the then unpaid balance (18.0% true annual rate), at the sole election of the Firm. In the event any portion or all of an account remains unpaid 60 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Indemnir,cation: he Client shall indemnify and hold harmless the Firm and all of its personnel from any and all claims, damages, losses and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the Firm), or anyone for whose acts any of them may be liable. Claims and disputes shall be subject to non-binding mediation as defined under Article 7 of AIA Document �. B141. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project t etrt 7he Client an the risks have been allocated such that the Cli s that, to the fullest extent permitted by law, total of liabilit tent for any and all injuries, ; claims, losses, expenses, damages or cia• n out of this agreement from any cause or causes, shall not ur fee, listed on reverse of t i nt. Such causes include, bu united to, the Firm's negligence, errors, omissions, strict liabi t ch -ef-contract or breach of warranty. Termination of Services: This agreement may be terminated by the Client or the Firm should the other fail to perform its obligation hereunder. In the event of termination,the Client shall of pay the Firm for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Construction Costs: Responsibility for construction costs will be in accordance with Article 5 of AIA Document B141. Ownership Documents: All documents produeed by the Firm under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Applicable Laws: Unless otherwise specified, this agreement shall be governed by the laws of the State of North Carolina.