TERMS AND CONDITIONS
The following applies to services we provide. In addition, your project may have specific requirements not shown.
Documents Provided by Client
Client agrees to provide, as requested by Consultant, all documents necessary to identify the ownership, location and condition of the property, including, but not limited to, deeds, maps, land surveys, title information, easements, permits and record documents.
Access to Site
Client agrees to notify and inform all affected land owners regarding the project and potential presence of Consultant at the site. Client shall provide Consultant full access to the site at all times unless notified otherwise. The Consultant will take precautions to minimize damage due to land surveying activities but has not included in the fee the cost of restoration of any resulting damage.
Warrants and Guarantees
Consultant warrants and guarantees to begin work to be performed under each proposal promptly upon acceptance by Client; to diligently pursue said work to completion; to devote the Licensed Professional Engineering and/or Licensed Professional Land Surveying services as required for prompt completion of said work; and to assign only qualified personnel to the project.
Indemnification
Client shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant, his or her officers, employees, agents and sub-consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by the Consultant of the services provided by this proposal, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Consultant.
Certifications
The Consultant shall not be required to execute any document that would result in his or her certifying, guaranteeing or warranting the existence of conditions whose existence the Consultant has not ascertained.
Limitation of Liability
In recognition of the relative risks, rewards and benefits of the project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Consultant shall have no liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this project from any cause or causes.
Dispute Resolution
Any claims or disputes made by the Client or Consultant as a result of this project shall be submitted to non-binding mediation. Client and Consultant agree to include a similar mediation agreement with all contractors, subcontractors, sub¬-consultants, suppliers, and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.
Additional Services
Additional services required of the Consultant that may arise and are not provided for by this proposal shall be compensated for at the Consultant’s current hourly rates plus costs. Substantive, additive services made necessary by changes promulgated by the Client or Jurisdictional Authority shall be compensated for at the Consultant’s current hourly rates or negotiated to a lump sum fee.
Billings/Payments
Invoices shall be submitted to the Client at the Consultant's option, either upon completion of the services, completion of a stage of the services as outlined in the proposal or on a monthly basis. Invoices shall be paid within 30 days after the invoice date. If an invoice remains unpaid for 60 days the Consultant may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service.
Late Payments
Accounts unpaid 60 days after the invoice date will be subject to a monthly service charge of 15% (or the highest legal rate) on the then unpaid balance. In the event any portion of an account remains unpaid 90 days after billing, the Client will be responsible for all costs of collection, including reasonable attorney's fees. A lien may be placed on the Client’s property after 90 days of non-payment.
Termination of Services
The performance of the proposed services may be terminated by the Client or by the Consultant should the other fail to perform its obligations hereunder, or in writing within 30 days for any reason. In the event of termination, the Client shall pay the Consultant for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.