1997 S Planning - DS Atlantic for Consultant Contract - Cedar Grove Rural Historic District National Register Nomination

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DSAtlantic STANDARD Fm&wers*,%wh1teds*Sumeyors TERMS AND CONDITIONS These Statidarxl Tetzris and Condttioris are attached tv...a u..d made a part ofthe foregoing proposal or letter agreerrient,dated )rebrvasy 26;1997 bweeii eari$e Cmuity North Caiaima(Client)and DSAtlsntic Corporationf with respect to the protect de riW WOW. iii 1. PERIOD OF OFFER. This offer to provide professional DSAtlantic shall identify the changed conditions which in its services is valid for ninety(90)days from the date of the judgment make such renegotiation necessary,and the Client proposal,or as may be amended in the proposal by DSAtlantic shall promptly and in good faith enter into renegotiation of the Corporation(DSAtlantic). DSAtlantic shall have the right to Agreement to permit DSAtlantic to continue to meet the cancel the proposal at any time prior to acceptance. Client's needs. If renegotiated terms cannot be agreed to,the Client agrees that DSAtlantic has an absolute right to 2. SCOPE OF SERVICES. DSAMantic shall be obligated to terminate this Agreement. perform only the services described in the proposal for the agreed upon fee and arrangements as stipulated. No 6. FORCE MAJEURE. No delay or failure in performance by representation is made that DSAtlantic is responsible,or either party shall constitute default hereunder or give rise to accepts responsibility,the following services: any claims if such delay or failure is caused by Force Majeure. a. Certification as to the accuracy or sufficiency of any 7. ESCALATION. DSAtlantic shall have the right to increase document prepared by others and provided to the compensation or rates by up to 10%,payable by the Client DSAthwic by the Client or as directed by Client. to DSAtlantic when the provision of services covered by this Agreement are for a period which extends beyond twelve(12) b. Assurance of favorable or timely approval,permitting, months from the executed Agreement date. and licensing action by governmental agencies as a result of services provided by DSAtlantic. 8. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports,plans,specifications,field data,field notes,laboratory C. Certification as to the correctness of any geotechnical test data,calculations,estimates,computer data or drawing services and/or foundation recommendations performed files,and other documents("Instruments of Service")prepared by others who provide such information or services by DSAtlande in connection with the performance of its duties directly or indirectly to the client. hereunder shall be and remain the property of DSAtlantic. Those Instruments of Service retained by DSAtlantic shall be Client shall inform DSAtlantic of any special criteria or recognized as the originals. DSAtlantic shall retain these requirements related to DSAtlanties services. Client shall records for a period of up to seven(7)years following willingly furnish,at no cost to DSAtlantic,any existing submission of the Instruments of Service,during which period information,drawings,specifications,and reports which will they will be made available to the Client at all reasonable assist DSAtkmdc in the performance of its Scope of Services. times at nominal charges to recover retrieval costs. Such documents are not intended or represented to be suitable for 3. FEES AND COMPENSATION. In the event that the Client reuse by the Client or others on extension of the project or on requests DSAtlantic to perform services not specifically any other project. Any reuse of Instruments of Service described in the Agreement,Client agrees to compensate prepared by DSAtlantic without written permission or DSAtlantic for such services in accordance with the hourly adaptation by DSAtlantic for the specific purpose intended rate schedule as set forth by the Agreement unless a written will be at the Client's sole risk and without liability or legal Agreement or Amendment has been signed by both parties exposure to DSAtlantic and subject to reasonable otherwise indicating the basis of such additional compensation by Client to DSAtlantic,as determined by compensation. DSAtlantic at its sole discretion. 4. BURIED UTILITIES. DSAtlantic will conduct the research 9. OPINION OF CONSTRUCTION COSTS. Since that,in DSAtlandes professional opinion,is necessary to DSAtlantic has no control over the cost of labor,materials, locate hidden utilities and other manmade objects that may equipment or services furnished by others,or over the exist beneath the site's surface. The Client recognizes that Contractor(s)'means or methods of determining prices,or over DSAtlandes research may not identify all subsurface utilities, competitive bidding or market conditions,DSAtlanties underground features,and manmade objects,and that the Opinions of Probable Total Project and/or Construction Costs information upon which DSAtlantic relies may contain errors provided for herein are made on the basis of DSAtlanties or may not be complete. The Client will not hold DSAtlantic experience and qualifications and represent DSAtlantic's best liable for the consequences of such undiscovered features. professional judgment as an experienced and qualified design professional familiar with the construction industry.However, 5. CHANGED CONDITIONS. The Client has relied on DSAtlantic cannot and does not guarantee that proposals, DSAtlantic in their capacity as a professional engineer, quotes,bids or actual Total Project or Construction Costs will architect or surveyor in establishing the work scope and fee for not vary from Opinions of Probable Costs prepared by this project,given the project's nature and risks. The Client DSAtlantic. If prior to the Bidding or Negotiating Phase the shall therefore rely on DSAtlanties professional engineering, Client wishes greater assurance as to Total Project or architectural or surveyor's opinion as to the continued Construction Costs,Client shall employ an independent cost adequacy of the Agreement in light of occurrences or estimator at Client's expense or authorize DSAtlantic to discoveries that were not originally contemplated by or known contract for such services which will be considered Additional to DSAtlantic. Should DSAtlantic request contract Services. renegotiation,