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according to the same provisions identified under the preceding paragraph, "Payment Provisions". The
<br />Surveyor will be compensated at a rate determined by the Surveyor. Any and all work performed, other than
<br />that specifically contracted for within this general contract, shall be billed at the following job classification and
<br />rates:
<br />Principal
<br />$
<br />150.00/hr.
<br />Professional Surveyor/PSM
<br />$
<br />140.00/hr.
<br />Project Manager
<br />$
<br />1 10.00/hr.
<br />Field Crew (2 -man)
<br />$
<br />135.00/hr.
<br />Field Crew (3 -man)
<br />$
<br />160.00/hr.
<br />CADD Draftsman/Designer $
<br />90.00/hr.
<br />Administration
<br />$
<br />65.00/hr.
<br />Surveyor reserves the right to adjust rates as necessary.
<br />Reimbursable Expenses: The following Reimbursable items shall be charged the cost as described plus the
<br />hourly wage to perform such services if significant.
<br />Photo Copies $0.50/sq. ft.
<br />Concrete Monuments $25.00/per
<br />Mylar $25.00/per sheet
<br />Be advised if the amount of copies is significant, there may be additional hourly charges. Professional services
<br />required for trial and/or document preparation, expert witness, consultation or meetings will be charged at the
<br />rate of $150.00 per hour. The Surveyor will submit an invoice to the Client based on the actual time and
<br />expenses incurred upon completion of the survey or submittal of drawings or reports to the Client or Agency. If
<br />additional and subsequent services are requested or needed, they will be billed on a monthly basis for the
<br />services performed.
<br />Coordination and Payment of Other Fees and Permits: The Client shall coordinate, be responsible for, and pay
<br />for all submittals, reviews, all direct and indirect costs for obtaining permits, etc. unless expressly identified in this
<br />agreement as a service to be provided by the Surveyor. Such services and fees excluded from this contract
<br />include, but are not limited to: cost of monuments, materials to set monuments (if required), photo Mylars (if
<br />required), surveying of critical areas, environmental studies, road design, aerial topography fees, and other
<br />fees, title company charges, special blueprints and reproductions, etc.
<br />Overtime Payment Provision: Overtime shall be billed at a rate of 1.5 times the regular time rate. (See Payment
<br />Provisions above) Overtime shall be defined as any crew time over 8 hours in a day, including travel time. The
<br />Client prior to commencement of services shall authorize overtime.
<br />Sub -Contractors: The costs for services and expenses charged to the Surveyor by other sub -contractors,
<br />professional or technical firms that may be engaged in connection with completion of the Scope of services
<br />will be billed to the Client at costs, plus fifteen percent (15%) for overhead and handling.
<br />Disputes: This Agreement may be terminated by either party at any time, for any reason, upon ten (10) days
<br />written notice, and may be terminated immediately upon written notice in the event of a breach by the other
<br />party. Client will be responsible for all costs due to surveyor for work completed up to the date of termination.
<br />The Surveyor will not incur any liability for damages due to the delay of the project as a result of stopping
<br />performance of services (as provided in the preceding paragraph) due to the failure of the Client to pay for
<br />services .rendered, nor will the Surveyor be responsible for delays caused by factors beyond the Surveyor's
<br />control or by factors that could not reasonably have been foreseen at the time this Agreement was executed.
<br />In the event of legal action brought by either party involving this Agreement, including, but not limited to, an
<br />action by the Surveyor against the Client for Invoice amounts not paid, attorney's fees, court costs, and other
<br />related expenses will be paid to the prevailing party by the other party.
<br />Payment in the Event of Termination: In the event this Agreement is terminated, the Surveyor will be
<br />compensated for service performed and expenses incurred under this Agreement to the date of termination in
<br />accordance with the above provisions. If the Client terminates this Agreement, the Surveyor will also be
<br />compensated for all reasonable costs and expenses incurred to assemble and close project files and records.
<br />Frivolous and/or Unfounded Claims: If the Client makes a claim or claims against the Surveyor, at law or
<br />otherwise, for any alleged error, omission, or act arising out of the performance of it's professional services, and
<br />the Client withdraws or fails to prove such claim, then the Client shall pay for all of the Surveyor's time at
<br />professional fee rates and all expenses, including such costs as actual attorney's fees, incurred by the Surveyor
<br />in the preparation of response to, and in defense against such claim or claims.
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