|
DocuSign Envelope ID:8481 F610-7928-4B52-80C3-934D6886431 D
<br /> RILEY SURVEYING, P.A.
<br /> STANDARD TERMS AND CONDITIONS-2016
<br /> Riley Surveying, P.A. hereinafter called the Firm,will perform the services outlined in this agreement for
<br /> the stated fee. This proposal of Agreement is valid for a period of 10 days from the date issued.
<br /> Access to Site: Unless otherwise stated,the Firm will have access to the site for activities necessary for
<br /> the performance of the services. The firm will take precautions to minimize damage due to these
<br /> activities, but has not included in the fee the cost of restoration of any resulting damage.
<br /> Fee: The total fee, unless stated,shall be understood to be an estimate. Where the fee arrangement is
<br /> to be on an hourly basis,the rates shall be those that prevail at the time services are rendered. Current
<br /> rates are as follows:
<br /> Principal PLS $145.00 PLSII $135.00
<br /> 1-man w/robotics/GPS $165.00 CADD Tech $95.00
<br /> 2-man w/robotics $190.00 Survey Tech $85.00
<br /> 2-man Survey Crew $165.00 Clerical $50.00
<br /> Reimbursables(copies, prints,stakes,sub-consultant fees, mileage, plat application fees,etc.)shall be
<br /> invoiced at cost plus 10%. Missing property corners shall be replaced at an additional cost of$100 ea.
<br /> Billings/Payments: Invoices for the Firm's services shall be submitted, at the Firm's option, eit-her upon
<br /> completion of such services or on a monthly basis. Invoices shall be payable upon receipt; a 2%discount
<br /> may be applied to invoices paid within ten days from date of invoice. If the invoice is not paid within 30
<br /> days,the Firm may,without waiving any claim or right against the Client, and without liability whatsoever
<br /> to the Client,terminate the performance of the service. Retainers shall be credited on the final invoice.
<br /> There shall be no retainage amount held on any amount invoiced. Monies due paid by credit card will
<br /> incur a 3%convenience surcharge.
<br /> Late Payments: Accounts unpaid 30 days after the invoice date are subject to a monthly service charge
<br /> of 1.5%on the then unpaid balance (18.0%true annual rate), at the sole election of the Firm. In the event
<br /> any portion or all of an account remains unpaid 60 days after billing,the Client shall pay all costs of
<br /> collection, including reasonable attorney's fees.
<br /> Indemnification: The Client shall indemnify and hold harmless the Firm and all of its personnel from and
<br /> against any and all claims, damages,losses and expenses(including reasonable attorney's fees)arising out
<br /> of or resulting from the performance of the services, provided that any such claim, damage, loss or
<br /> expense is caused in whole or in part by the negligent act, omission,and/or strict liability of the Client,
<br /> anyone directly or indirectly employed by the Client(except the Firm),or anyone for whose acts any of
<br /> them may be liable. Claims and disputes shall be subject to non-binding mediation as defined under
<br /> Article 7 of AIA Document B141. j
<br /> Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the Client
<br /> and the Firm,the risks have been allocated such that the Client agrees that,to the fullest extent
<br /> permitted by law,the Firm's total of liability to the Client for any and all injuries,claims, losses, expenses,
<br /> damages or claim expenses arising out of this agreement from any cause or causes,shall not exceed our
<br /> fee, listed on reverse of this Agreement. Such causes include, but are not limited to,the Firm's negligence,
<br /> errors,omissions,strict liability,breach of contract or breach of warranty.
<br /> Termination of Services: This agreement may be terminated by the Client or the Firm should the other
<br /> fail to perform its obligation hereunder. In the event of termination,the Client shall pay the Firm for all
<br /> services rendered to the date of termination,all reimbursable expenses,and reimbursable termination
<br /> expenses.
<br /> Construction Costs: Responsibility for construction costs will be in accordance with Article 5 of AIA
<br /> Document 8141.
<br /> Ownership Documents: All documents produced by the Firm under this agreement shall remain the
<br /> property of the Firm and may not be used by the Client for any other endeavor without the written
<br /> consent of the Firm.
<br /> Applicable Laws: Unless otherwise specified,this agreement shall be governed by the laws of the State
<br /> of North Carolina.
<br /> Underground Utilities: Unless underground utilities are marked by a utility locating sub-consultant,
<br /> the Firm will endeavor to have underground utilities marked by contacting 811 should the client so
<br /> direct. If 811 or other utility locator marks or has marked any utilities, any mapping of said .
<br />
|