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DocuSign Envelope ID: F072540D- EB2B- 4CA8- AA8E- 1D36C995542C
<br />RILEY SURVEYING, P.A.
<br />STANDARD TERMS AND CONDITIONS - 2018
<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 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 $145.00 PLSII $135.00
<br />1 -man w /robotics /GPS $165.00 CADD Operator $95.00
<br />2 -man w /robotics $190.00 Survey Technician $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 each.
<br />Billings/Payments: Invoices for the Firm'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 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
<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 performance of the services, provided that any such claim, damage, 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 B 141.
<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 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, shall not 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 terminated 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 termination
<br />expenses.
<br />Construction Costs: Responsibility for construction costs will be in accordance with Article 5 of AIA
<br />Document B 141.
<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 />direct. 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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