ROBERT T. TOLBERT, P.E.
Consulting Engineer
653 County Road 4240
Arley, Alabama 35541
Phone (205) 221-3988  Fax (205) 295-3876
Website: www.rtolbert.com
E-mail: robby@rtolbert.com


FEE & RETAINER
AGREEMENT
    Terms:
    The undersigned client is obtaining the services of Robert T. Tolbert, P.E. of his/her/their own behalf and acknowledges direct
    responsibility for such charges.  Should charges be incurred at the request of other parties, such as depositions, the Client is to
    inform Robert T. Tolbert, P.E., in advance, which party is responsible for the charges.  Should another party be responsible for
    such charges, the party responsible will be required to sign a fee and retainer agreement.  The retainer for that party will be
    waived.  However, should the other party not make payment in a timely manner, Robert T. Tolbert, P.E., has the right to cease
    work on the job until payment is received.  Should the second party refuse to make payment, the undersigned agrees to be
    responsible for unpaid charges.
    A retainer fee of $1,500.00 is required in advance.  This retainer is NOT an advance payment for services, but rather is an end
    of the matter retainer.  Full credit for the retainer will be allowed at the close or conclusion of the assignment except in
    delinquent accounts as stated below.  All invoices are due and payable net ten days.  All accounts must be paid up to date prior
    to any testimony, including depositions, affidavits, trials and other such sworn statements.  All out of state travel charges must
    be paid in advance.

    Fees:
    All time will be invoiced according to the appropriate hourly rate as shown on the fee schedule, plus mileage and expenses,
    etc.  All expenses are marked up 25%.  Mileage charges are currently at $0.60 per mile for an automobile (trucks are at
    additional charges), unless air fare is required or requested by the client.

    Evidence stored at our facilities will be charged at the applicable rate as shown on the fee schedule.
    All outdoor items will be secured in a locked fenced area; however, Robert T. Tolbert, P.E. cannot and will not assume
    responsibility damages and/or loss.  Insurance against damages and/or loss is the responsibility of the client.
    Invoices are due and payable net ten days.  Accumulated daily invoice charges will be summarized on a monthly statement, or
    upon completion of the job, whichever occurs first. Delinquent accounts (30 days from invoice) will be deducted from retainer
    and all work stopped. This will incur a 1.5% service charge per month on any accrued balance.  Unpaid balances, 60 days old,
    will incur, in addition to the 1.5% per month service charge, a minimum charge of one hour of Engineer’s time per month to
    cover the cost of monitoring the account.  In the event payment of an invoice is not received by Robert T. Tolbert, P.E., after a
    period of ninety (90) days from the date of invoice, the matter will be turned over to a collection agency and/or attorney for
    collection.  The cost of any action through collection, court litigation or otherwise to enforce the terms of this agreement, the
    prevailing party shall be entitled to reasonable attorney’s fees and actual costs incurred.

    Robert T. Tolbert, P.E., is contracted on an hourly basis, unless a flat fee is quoted in writing.  Any estimates discussed
    are simply an estimate of the time required to complete the job as understood at that time.  It is in no way a quotation of
    the full cost of the job, nor is it to be construed as any type of final price.  The Client is advised of the recommendations
    of work to be done by Robert T. Tolbert, P.E., and the Client authorizes the work to be completed on an hourly basis,
    plus expenses.  All charges are listed on the Fee Schedule.  If you do not have a Fee Schedule, please request one and it
    will be provided.

    I have read and understand the terms of the Fee & Retainer Agreement above, and have reviewed the fee schedule.  I am aware
    of the billing rates for all anticipated charges.  This fee & retainer agreement is applicable from the date listed below, on all
    jobs present and future between the two parties, unless one party notifies the other in writing prior to commencement of a new
    job.


    COMPANY NAME:                                                                                                                               
       
    CLIENTS NAME (Printed):                                                                                                                 

    CLIENT’S SIGNATURE:                                                                                                                    

    DATE:                                                                                                                                                                             
    Contract entered into in the town of Arley, Alabama