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5.a Widseth Surveying quote CONTRACT FOR PROFESSIONAL SERVICES February 18, 2021 Client/Representative City of Scandia 14727 209th Street N Scandia, MN 55073 Ken Cammilleri 651-433-2274 k.cammilleri@ci.scandia.mn.us RE: Proposal for Land Survey Services over that part of the SE 1/4 of the NW 1/4 and that part of the SW 1/4 of the NE 1/4 in Sec. 12, Twp. 34, Rng. 19, Washington County, Minnesota. Property Address: 14727 209th Street N, Scandia, MN 55073 PID No: 2303220210002 The client agrees to grant or obtain any and all necessary permissions and permits to allow WIDSETH to perform the work discussed in this contract. Scope of Work: WIDSETH will find or replace all of the property corner monuments. WIDSETH will prepare a Certificate of Survey drawing that will show the found or set property corner monuments, property dimensions, property description, locate edge of wet areas, acreage, possible encroachments and all property improvements. WIDSETH can provide topography with elevations and contours on the survey for an additional fee if requested. Schedule: The field work is to be scheduled when notified to proceed. We plan to deliver the Certificate of Survey drawing within 2 weeks after the field work has been completed. Cost: The fee for the Certificate of Survey drawing for the above scope of work is an estimated lump sum of $5900.00. The fee to add topography with elevations and contours to the drawing is an additional lump sum of $1650.00. General Conditions: WIDSETH and the client agree: 1. WIDSETH shall not be liable for damages resulting from the actions or inactions of governmental agencies, and WIDSETH shall only act as an advisor in all governmental relations. 2. All original papers and documents, and copies thereof, produced as a result of this contract, except documents which are required to be filed with public agencies, shall remain the property of WIDSETH a may be used by WIDSETH without the consent of the client. 3. A late payment PENALTY of 1% per month, which is an annual rate of 12%, shall be applied to any unpaid balance, commencing 30 days after completion of these services. If full payment has not been rendered within 90 days after the date of the completion of this project, WIDSETH will commence action to file a lien on the property referenced in this contract. 4. In the event all or any portion of the work prepared or partially prepared by WIDSETH is suspended, abandoned, or terminated, the client shall pay WIDSETH all fees, charges and services provided for the project up to the date of termination, not to exceed any contract limit specified herein. 5. In the event that any staking is destroyed by an act of God or parties other than WIDSETH, the cost of restaking shall be paid by the client as extra work, provided such work is authorized by the client. 6. Should litigation be necessary to enforce any term or provision of this agreement or to collect any portion of the amount payable under this agreement, then all litigation and collection expenses, witness fees, court costs, and attorney's fees shall be paid by the client. 7. In the event that the client institutes a suit against WIDSETH because of any failure or an alleged failure to perform, error, omission, or negligence, and if such suit is not successfully prosecuted, client agrees to pay surveyor any and all costs of defense, including reasonable attorney’s fees. Assignment of Risk: In recognition of the relative risks and benefits of the project to both the client and WIDSETH, the risks have been allocated such that the client agrees, to the fullest extent permitted by law, to limit the liability of WIDSETH to the client and to all agents and assigns on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that total aggregate liability of WIDSETH to all those named shall not exceed WIDSETH’s total fee for services rendered on this project. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. As authorization to proceed, the client will sign and date this contract, and return it to WIDSETH. This contract is offered as of this date, February 18, 2021, and is open for a period of 30 days. OFFERED BY: ACCEPTED BY: WIDSETH SMITH NOLTING & ASSOC., INC ______________________________________ ________________________________________ Shawn M. Kupcho, Land Surveyor Shawn.Kupcho@widseth.com ________________________________________ Date Contract Accepted: