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.y ~~. AGREEMENT BETWEE;N SCHOELL & MADSON, INC. \.~ \ AND OWNER FOR PROFESSIONAL SERVICES ~. ,mement made as of June 3. 1999, by and 'efWeen WWlant A. Boyd, (her"naherr,fenad In as the Owner), and SohDell & Madson, InD concerns providing professional land surveying services by Schoell & Madson, Inc. in connection with the following project: Lot 10, except the south 110 feet thereof, Block 1, NOlth Dale Pari<, Ramsey County. SCOPE AND DESCRIPTION OF SERVICES Prepare exhibits and descriptions for a "Minor Subdivision" application, (See attached proposal letter dated June 3, 1999.) CHANGE ORDERS In the event that the scope of services changes from the above description, the Owner agrees to issue a written change order. If a written change order is not issued and Schoell & Madson, Inc. is caused to expand the scope of services by any of the following: 1) verbal request or order by the Owner or his/her agent; or 2) a requirement imposed by a regulatory or review authority, compensation for the expanded scope of services shall ba on an hourly basis at rates of 1.98 times salary expense. Salary expense is defined as salary plus fringe benefits. PERIOD OF SERVICE The services described under "Scope of Services" shall be completed within 10 working days of the Owner's written approval to proceed, or as indicated under "Scope of Services" concerning completion of various phases of the work. COMPENSATION Schaell & Madson, Inc. shall be paid for services provided in accordance with the following method: Lump sum in the amount of $1,500,00. Billings will be submitted monthly. The Owner agrees to pay all bills within 30 days of receiving same. In the event that the Owner defaults in payment, the Owner agrees to pay interest on delinquent bills at the maximum rate allowed by law. The Owner also agrees to reimburse Schoell 8. Madson, Inc. for all costs involved with collection of delinquent amounts including, but not limited to, attorney's fees. The Owner hereby aCknowledges that sufficient funds are currently available and assigned to pay for the cost of services contemplated by this agreement. NOTICE OF INTENT TO FILE LIEN A company supplying labor or materials for improvement to your real estate may enforce a lien against your property jf that company is not paid for Ihe contributions of labor or materials. These rights include the professional design, engineering and field work provided by our company. Following is the statutory notice of our intent to file a lien. (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FilE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (8) UNDER MINNESOTA LAW YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. LIABILITY LIMITATION The Owner agrees that the liability of Schoell & Madson, Inc., to Owner and any other person or entity arising from Schael! & Madson, Inc.'s negligent acts, errors, or omissions or those of its employess or agents arising hereunder. shall not eKceed the total tees for services randered hereunder. Owner agrees to hold Schoel! & Madson, Inc. harmless from any liability to any other party from such acts by Schoell & Madson, Inc., if such liability, when combined with other liability for such acts to all other parties, shall exceed the total fees for services rendered hereunder. The Owner further agrees that in any contracl between Owner and a contractor tor worl< to be done pursuant to product developed under this contract, Owner will require contractor to limit any liability of Schoell & Madson, Inc. to contractor and his subcontractors as a result of such acts by Schoell & Madson, Inc., so that such liability when combined with liability of SC'.haell & Madson, Inc. to other parties shall not exceed the total fees for the services rendered hereunder. TERMINATION This agreement may be terminated by either party in the event of substantial failure to perform in accordance with terms hereof. Such termination shall be effective after giving seven days' written notice. The Owner agrees to pay Schoel! & Madson, Inc. for all services provided up to the effective date 01 termination. eof, the parties hereto have made and executed this agreement as of the day and year first above written. ~ELL&MA~.14// t9JDlt ~ Theodore D. Kemna, ViCe Presidenl Regular - Oclober 14, 1993