|
DSAdantic
<br /> STANDARI) .
<br /> TERMS AND CONDITIONS
<br /> Fntinmrs Archkeefa surveyors
<br /> These Standard 7eims eud':Copditionrt are attached to and made a pat Ft of the foregoing proposal oc letter agreement,dated
<br /> February 26,1997`befst�eec Oran¢e County North Carolina{Client)and DSAtlantic Gorporafion with respect to the project
<br /> desaibed theism,: .
<br /> 1. PERIOD OF OFFER. This offer to provide professional DSAtlantic shall identify the changed conditions which in its
<br /> services is valid for ninety(90)days from the date of the judgment make such renegotiation necessary,and the Client
<br /> proposal,or as may be amended in the proposal by DSAdantic shall promptly and in good faith enter into renegotiation of the
<br /> Corporation(DSAtlantic). DSAtlandc shall have the right to Agreement to permit DSAtlande to continue to meet the
<br /> cancel the proposal at any time prior to acceptance. Client's needs. If renegotiated terms cannot be agreed to,the
<br /> Client agrees that DMdantic has an absolute right to
<br /> 2. SCOPE OF SERVICES. DSAtlantic shall be obligated to terminate this Agreement
<br /> perform only the services described in the proposal for the
<br /> agreed upon fee and arrangements as stipulated. No 6, FORCE MAJEURE. No delay or failure in performance by
<br /> representation is made that DSAdantic is responsible,or either party shall constitute default hereunder or give rise to
<br /> accepts responsibility,the following services: any claims if such delay or failure is caused by Force Majeure.
<br /> a. Certification as to the accuracy or sufficiency of any 7. ESCALATION. DSAdantic shall have the right to increase
<br /> document prepared by others and provided to the compensation or rates by up to 10%,payable by the Client
<br /> DSAtlantic by the Client or as directed by Client. to DSAtlantie when the provision of services covered by this
<br /> Agreement are for a period which extends beyond twelve(12)
<br /> b. Assurance of favorable or timely approval,permitting, months from the executed Agreement date.
<br /> and licensing action by governmental agencies as a
<br /> result of services provided by DSAdantic. 8. OWNERSHIP OF INSTRUMENTS OF SERVICE. All
<br /> reports,plans,specifications,field data,field notes,laboratory
<br /> C. Certification as to the correctness of any geotechnical test data,calculations,estimates,computer data or drawing
<br /> services and/or foundation recommendations performed files,and other documents("Instruments of Service")prepared
<br /> by others who provide such information or services by DSAtlantic in connection with the performance of its duties
<br /> directly or indirectly to the client. hereunder shall be and remain the property of DSAtlantic.
<br /> Those Instruments of Service retained by DS4 dantic shall be
<br /> Client shall inform DSAtlantic of any special criteria or recognized as the originals. DSAtlantic shall retain these
<br /> requirements related to DS Vlantids services. Client shall records for a period of up to seven(7)years following
<br /> willingly furnish,at no cost to DSAt/andc,any existing submission of the Instruments of Service,during which period
<br /> information,drawings,specifications,and reports which will they will be made available to the Client at all reasonable
<br /> assist DSAilantic in the performance of its Scope of Services. times at nominal charges to recover retrieval costs. Such
<br /> documents are not intended or represented to be suitable for
<br /> 3. FEES AND COMPENSATION. In the event that the Client reuse by the Client or others on extension of the project or on
<br /> requests DSMIantic to perform services not specifically any-other project. Any reuse of Instruments of Service
<br /> described in the Agreement,Client agrees to compensate prepared by DSAttantic without written permission or
<br /> DSAtlantic for such services in accordance with the hourly adaptation by DSAtlandc for the specific purpose intended
<br /> rate schedule as set forth by the Agreement unless a written will be at the Client's sole risk and without liability or legal
<br /> Agreement or Amendment has been signed by both parties exposure to DSAtlruftic and subject to reasonable
<br /> otherwise indicating the basis of such additional compensation by Client to DSAtlantie,as determined by
<br /> compensation DSAtlantic at its sole discretion.
<br /> 4. BURIED UTELITEM DSAtlandc will conduct the research 9. OPINION OF CONSTRUCTION COSTS. Since
<br /> that,in DSAtlantids professional opinion,is necessary to DSAtlawk has no control over the cost of labor,materials,
<br /> locate hidden utilities and other manmade objects that may equipment or services furnished by others,or over the
<br /> exist beneath the site's surface. The Client recognizes that Contractor(s)'means or methods of determining prices,or over
<br /> DSAtlmdc's research may not identify all subsurface utilities, competitive bidding or market conditions,DSAtlantids
<br /> underground features,and manmade objects,and that the Opinions of Probable Total Project and/or Construction Costs
<br /> information upon which DSAdantie relies may contain errors provided for herein are made on the basis of DSAtlaatids
<br /> or may not be complete. The Client will not hold DS'4daetic experience and qualifications and represent DSAtlontids best
<br /> liable for the consequences of such undiscovered features. professional judgment as an experienced and qualified design
<br /> professional familiar with the construction industry.However,
<br /> 5. CHANGED CONDITIONS The Client has relied on DSAtlawk cannot and does not guarantee that proposals,
<br /> DSAt/ande in their capacity as a professional engineer, quotes,bids or actual Total Project or Construction Costs will
<br /> architect or surveyor in establishing the work scope and fee for not vary from Opinions of Probable Costs prepared by
<br /> this project,given the project's nature and risks. The Client DSAtlandc. If prior to the Bidding or Negotiating Phase the
<br /> shall therefore rely on DSAtlandes professional engineering, Client wishes greater assurance as to Total Project or
<br /> architectural or surveyor's opinion as to the continued Construction Costs,Client shall employ an independent cost
<br /> adequacy of the Agreement in light of occurrences or estimator at Client's expense or authorize DSAdantic to
<br /> discoveries that were not originally contemplated by or known contract for such services which will be considered Additional
<br /> to DSAtlawk. Should DSAtlantk request contract Services.
<br /> renegotiation,
<br /> Attachment #1
<br />
|