2019-218-E AMS - Boomerang Link moisture mitigation

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