HomeMy WebLinkAbout1997 S Purchasing - Ballentine & Riley Surveyors for SHSC Survey AN AGREEMENT oZ 3
FOR THE PROVISION
OF LIMITED REDF00
PROFESSIONAL SERVICES DEC 0 1996 BALLENTINE
DATE: December 17, 1996 & RILEY
LRECEIVt- fl SURVEYORS, P.A.
CLIENT: Corley Redfoot and Zack 221 Providence Road
1 Easrowne Office Park
21 S. Estes Drive
Chapel Hill, NC 27514
Chapel Hill, North Carolina 27514
919/419-9563 Durham
Attention: Mike Hammersley, PE
PROJECT NAME/LOCATION: Southern Human Services
Utility &:, Additional Right-of-way Dedication Plat
Homestead Road
Chapel Hill, North Carolina
SCOPE/INTENT AND EXTENT OF SERVICES: Coordination, field measurements,
computations and computer drafting required to prepare a recordable plat which dedicates
O.W.A.S.A. water and sewer easements along with acreage calculations of the smallest area
allowable for O.W A.S A. service fee determination. The same plat shall also dedicate an
additional 15' of public right-of-way along the existing southern right-of-way of Homestead
Road. Sign off from the Town of Chapel Hill as required for recordation shall be obtained
under this agreement.
Fee Amount: Hourly not to exceed $3,500.00
SPECIAL CONDITIONS: Corley Redfoot Zack shall provide a disc of utility plan (sheet
C-4) dated February 23, 1996 or more current version thereof.
The Terms and Conditions on the reverse of this form are a part of this Agreement.
This Agreement entered into as of the day and year first written above.
CLIENT SURVEYOR
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tu,�e� � (Phillip W. Riley, R S.
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EETALLENTINE & RILEY SURVEYORS, P.A.
TERMS AND CONDITIONS
Ballentine & Riley 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. The 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 hour'ly 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 11 $60.00
4-man Survey Crew $90.00 CADD Operator 11 $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 Finn. 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.
Indemnification: The Client shall indemnify and hold harmless the Firm and all of its personnel
�fror; a t' 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 o e relative risks, rewar�ds and benefits of;he_proj`ect to both
he Client and the Firm, the i s have been alloc ed"such that the Cliedt agrees that, tp-the
fullest j
est extent permitted . aw, the Firm's total liability to the Cl' for any and a�l �uries,
claims, losses, ex es, damages or clai expenses arising our o this agreerrip"t from any
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ten permitted a he Firm's's j total-st x t 7 it b w t a expenses claims,, losses' xP es damages or
cause or cause , shall not exceed our e, listed on revers f this Agreern Such causes
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include,;; b are not limited to), the irm's negligence, =miss omissions, liability,' breach
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of c act or breach of A a aa�
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:It Termination of Services: This agreement may be terminated by the Client or the Firm should
the other fall 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 produced 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.