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2019-218-E AMS - Boomerang Link moisture mitigation
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2019-218-E AMS - Boomerang Link moisture mitigation
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Last modified
9/5/2019 3:42:33 PM
Creation date
9/5/2019 3:39:36 PM
Metadata
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Template:
Contract
Date
3/15/2019
Contract Starting Date
3/15/2019
Contract Document Type
Agreement - Consulting
Amount
$90,000.00
Document Relationships
2019-876-E AMS - Boomerang Design contract amendment
(Message)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2019
R 2019-218 AMS - Boomerang Link moisture mitigation
(Attachment)
Path:
\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2019
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DocuSign Envelope ID:84FEED65-C734-4847-8E30-55FF579C2681 <br /> • 1001 Boulders Parkway P 804.200.6500 <br /> Suite300 F804.5fiD,1016 <br /> TIMMONS GROUP <br /> Richmond. VA 23225 www.brrwmms.com <br /> YOUR VISION ACHIEVED THROUGH OURS <br /> EXHIBIT B <br /> TERMS AND CONDITIONS <br /> 1. SCOPE OF SERVICES: The Scope of Services performed under this Agreement shall be as <br /> described in Exhibit A of the Letter of Agreement from TIMMONS GROUP to which these Terms <br /> and Conditions are attached. Separate Change Orders signed by authorized representatives of <br /> TIMMONS GROUP and the Client may, from time to time, describe additional or different services <br /> to be performed under this Agreement, such Change Orders are incorporated by reference herein. <br /> These Terms and Conditions shall apply to the Change Orders except to the extent expressly <br /> modified by such Change Order. TIMMONS GROUP services with regard to the specific properties <br /> covered by this Agreement and subsequent Change Orders, if any, shall hereinafter be referred to <br /> as the"Project"or"Projects." <br /> 2. DEFINED TERMS: Capitalized terms used in this Exhibit B but not defined shall share the <br /> meanings ascribed in the Letter of Agreement. <br /> 3. STANDARD OF CARE: In providing services under this Agreement, TIMMONS GROUP will <br /> endeavor to perform in a manner consistent with the degree of skill and care ordinarily exercised <br /> by members of the same profession currently practicing under similar circumstances. It is not the <br /> intention of TIMMONS GROUP to provide or offers to provide services inconsistent with or contrary <br /> to such practices, nor to make any warranty or guaranty, expressed or implied, nor to have any <br /> agreement or contract for services subject to provisions of any section of any Uniform Commercial <br /> Code. Moreover, it is not the intention of TIMMONS GROUP to accept any terms and conditions <br /> offered by the Client in its purchase order, requisition, or notice of authorization to proceed except <br /> as set forth herein or as expressly accepted in writing. Written acknowledgement or receipt of the <br /> actual performance of services subsequent to receipt of any such purchase order, requisition or <br /> notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms <br /> or conditions contrary to those set forth herein. <br /> 4. CODE COMPLIANCE: TIMMONS GROUP shall exercise usual and customary professional care <br /> in its efforts to comply with all applicable codes, laws, regulations and the policies of regulatory <br /> agencies in effect as of the date of the Agreement. design changes made necessary by newly <br /> enacted codes, laws, regulations and the policies of regulatory agencies after the date of this <br /> Agreement shall be treated as an additional service subject to an executed Change Order and <br /> TIMMONS GROUP shall be entitled to appropriate additional compensation. The Client <br /> understands that different officials charged with the enforcement of such codes, laws, regulations <br /> and policies of regulatory agencies may have different or inconsistent interpretations of the <br /> requirements of such codes, laws, regulations and policies of regulatory agencies, and that <br /> TIMMONS GROUP shall not be liable for any damages arising from conflicting interpretations by <br /> different officials_ In the event of a conflict between the codes, laws, regulations or policies of <br /> regulatory agencies which apply to the Project, TIMMONS GROUP shall notify the Client of the <br /> nature and impact of such conflict, and the Client agrees to cooperate and work with TIMMONS <br /> GROUP in an effort to resolve the conflict. <br /> 5. ELECTRONIC FILES: Because of the possibility that information and data delivered in an <br /> electronic file format may be altered, whether inadvertently or otherwise, TIMMONS GROUP <br /> reserves the right to retain the drawings, reports or other forms of electronic data generated and <br /> furnished by TIMMONS GROUP as instruments of service. TIMMONS GROUP also reserves the <br /> right to retain hard copy originals of all Project documentation which is delivered to the Client in <br /> electronic file format, which originals shall govern in the event of any inconsistency between the <br /> two. It is also understood that the automated conversion of information and data from the system <br /> and format used by TIMMONS GROUP to an alternate system or format may not be able to be <br /> accomplished without the introduction of inaccuracies, errors and anomalies. In the event any <br /> Project documentation provided to the Client in electronic fife format is so converted by the Client, <br /> CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I G[S I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES <br /> 406 <br />
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