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000vSign Envelope ID: nr1ee0ruouEr-4076-eEr7-618nEe44uonC
<br /> RL EYS0I'VEYXNG, P.A.
<br /> S^ANII/k� TE.'MS AND C -2016
<br /> Riley Surveying, RA. hereinafter called the Finm,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 the
<br /> performance of the services The firm will take precautions to minimize damage due to these activities, but
<br /> has not included in the fee the cost of restoration of any resulting damage.
<br /> Fee: The total fee,unless stated as fixed fee, shall be understood to be an estimate. Where the fee
<br /> arrangement is to be on an hourly basis,the rates shall be those that prevail at the time services are
<br /> rendered. Current rates are as follows:
<br /> Principal PLS $145.80 PLSII $135.00
<br /> 1-man w/robotics/GPS $165.00 CADD Operator $9500
<br /> 2-man w/robotics $190.00 Survey Technician $85.00
<br /> 2-man Survey Crew $165.80 Clerical $50.00
<br /> Reimbursables(copies,prints,stakes, sub-consultant fees,mileage, plat application fees, etc.)shall be
<br /> invoiced at cost plus 10Y6.Missing property corners shall be replaced at an additional cost of$100 each.
<br /> Billings/Pavments: Invoices for the Finn's services shall be submitted, at the Firm's option, either 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 within30
<br /> days,the Firm may,without waiving any claim or right against the Client, and without liability whatsoever
<br /> to the Client,teiniinate 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
<br /> will incur a 3% convenience surcharge.
<br /> Late Payments: Accounts unpaid 30 days after the invoice date are subject to a monthly service charge of
<br /> 1.5%on the then unpaid balance(18.0%true annual rate), at the sole election of the Firm. In the event any
<br /> portion or all of an account remains unpaid 60 days after billing,the Client shall pay all costs of collection,
<br /> 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 perfoiniance of the services,provided that any such claim, damag, loss or expense
<br /> is caused in whole or in part by the negligent act,omission, and/or strict liability of the Client, anyone
<br /> directly or indirectly employed by the Client(except the Firm),or anyone for whose acts any of them may
<br /> be liable. Claims and disputes shall be subject to non-binding mediation as defined under Article 7 of AIA
<br /> Document B141.
<br /> Risk Allocation: lo recognition of the relative risks,rewards and hcuofimof the project to both the Client
<br /> and the Finn,the risks have been allocated such that the Client agrees that,to the fullest extent permitted by
<br /> law,the Firm's total of liability to the Client for any and all injuries,claims, losses, expenses, damages or
<br /> claim expenses arising out of this agreement from any cause or causes, shallnot exceed our fee, listed on
<br /> reverse of this Agreement. Such causes include, but are not limited to,the Firm's negligence,errors,
<br /> omissions,strict liability,breach of contract or breach of warranty
<br /> Termination of Services This agreement may be teiminated by the Client or the Firm should the other fail
<br /> 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 termfiation
<br /> expenses.
<br /> Construction Costs: Responsibility for construction costs will be in accordance with Article 5 of AIA
<br /> Document B141.
<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 consent
<br /> of the Firm.
<br /> Applicable Laws: Unless otherwise specified,this agreement shall be governed by the laws of the State of
<br /> 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 /> direcc If 811 or other utility locator marks or has marked any utilities,any mapping of said utilities
<br /> should be considered as approximate location only. The Firm shall not be held liable for any
<br /> markings or lack of markings by utility locators.
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