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DocuSign Envelope ID:9E76CCCF-2564-4499-A1CA-43EC4ECE13EB
<br /> Riley Surveying,P.A. Standard Terms and Conditions—2021
<br /> Riley Surveying,P.A.hereinafter called the Firm,will perform the services outlined in this agreement for the
<br /> 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 has
<br /> 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.Fee assumes most property
<br /> corners are intact and closely related to deed/plat calls. Where the fee arrangement is to be on an hourly basis,
<br /> the rates shall be those that prevail at the time services are rendered. Current rates are as follows:
<br /> Principal PLS $150.00 PLSII $140.00
<br /> 1-man w/robotics/GPS $175.00 CADD Operator $95.00
<br /> 2-man w/robotics $200.00 Survey Technician $85.00
<br /> 2-man Survey Crew $175.00 Clerical $50.00
<br /> Reimbursables(copies,prints,stakes,sub-consultant fees,mileage,plat application fees,etc.) shall be invoiced
<br /> 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 may
<br /> be applied to invoices paid within ten days from date of invoice. If the invoice is not paid within 30 days,the
<br /> Firm may,without waiving any claim or right against the Client,and without liability whatsoever to the Client,
<br /> terminate the performance of the service. Retainers shall be credited on the final invoice.There shall be no
<br /> retainage amount held on any amount invoiced.
<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 of or
<br /> resulting from the performance of the services,provided that any such claim,damage,loss or expense is caused
<br /> in whole or in part by the negligent act,omission,and/or strict liability of the Client,anyone directly or
<br /> indirectly employed by the Client(except the Firm),or anyone for whose acts any of them may be liable.
<br /> Claims and disputes shall be subject to non-binding mediation as defined under Article 7 of AIA Document
<br /> B141.
<br /> Risk Allocation: In recognition of the relative risks,rewards and benefits of the project to both the Client and
<br /> the Firm,the risks have been allocated such that the Client agrees that,to the fullest extent permitted by law,
<br /> the Firm's total of liability to the Client for any and all injuries,claims,losses,expenses,damages or claim
<br /> expenses arising out of this agreement from any cause or causes,shall not exceed our fee,listed on reverse of
<br /> this Agreement. Such causes include,but are not limited to,the Firm's negligence,errors,omissions,strict
<br /> 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 to
<br /> perform its obligation hereunder. In the event of termination,the Client shall pay the Firm for all services
<br /> rendered to the date of termination,all reimbursable expenses,and reimbursable termination 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 of
<br /> 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,the Firm
<br /> will endeavor to have underground utilities marked by contacting 811 should the client so direct. If 811 or
<br /> other utility locator marks or has marked any utilities,any mapping of said utilities should be considered as
<br /> approximate location only. The Firm shall not be held liable for any markings or lack of markings by utility
<br /> locators.
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