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Agenda - 09-17-2024; 6-a - Approval of a Professional Services Contract with CPL for the Design of a New Crisis Diversion Facility
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Agenda - 09-17-2024; 6-a - Approval of a Professional Services Contract with CPL for the Design of a New Crisis Diversion Facility
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9/12/2024 11:08:57 AM
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BOCC
Date
9/17/2024
Meeting Type
Business
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Agenda
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6-a
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27 <br /> 5410 Trinity Road P 919.866.4951 <br /> Suite 102 F 919.859.5663 <br /> T I M M O N S GROUP Raleiqh, NC 27607 www.timmons.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. Separate Change Orders signed by authorized <br /> representatives of Timmons Group and the Client may, from time to time, describe additional or <br /> different services to be performed under this Agreement, such Change Orders are incorporated by <br /> reference herein. These Terms and Conditions shall apply to the Change Orders except to the <br /> extent expressly modified by such Change Order. Timmons Group services with regard to the <br /> specific properties covered by this Agreement and subsequent Change Orders, if any, shall <br /> hereinafter be referred to as the "Project" or"Projects." <br /> 2. STANDARD OF CARE AND CODE COMPLIANCE: Timmons Group shall provide its services <br /> under this Agreement consistent with the professional skill and care ordinarily provided by members <br /> of the same profession practicing in the same or similar locality under the same or similar <br /> circumstances. Timmons Group shall exercise usual and customary professional care in its efforts <br /> to comply with all applicable codes, laws, regulations and the policies of regulatory agencies in effect <br /> as of the date of the Agreement (collectively, "legal requirements"). Design changes made <br /> necessary by newly enacted codes, laws, regulations and the policies of regulatory agencies after <br /> the date of this Agreement shall be treated as an additional service subject to an executed Change <br /> Order, and Timmons Group shall be entitled to appropriate additional compensation. Timmons <br /> Group shall not be liable for any damages arising from conflicting interpretations of any legal <br /> requirements by different officials. In the event of a conflict between legal requirements applicable to <br /> the Project, Timmons Group shall notify the Client of the nature and impact of such conflict, and the <br /> Client agrees to cooperate and work with Timmons Group in an effort to resolve the conflict. <br /> 3. INSTRUMENTS OF SERVICE: All documents, including, but not limited to, drawings, specifications, <br /> plans, reports and other forms of electronic data prepared and furnished by Timmons Group, are <br /> Instruments of Service pursuant to this Agreement and remain the property of Timmons Group. <br /> Client may retain one such copy of all such documents, for record purposes, which documents may <br /> only be used for the Project. Any adaptation by Client of said documents, whether intentional or <br /> inadvertent, without Timmons Group's verification shall be at Client's sole risk and without liability or <br /> legal exposure to Timmons Group or Timmons Group's employees. Client agrees to assume all risks <br /> associated therewith and to hold Timmons Group harmless and indemnify it from and against any <br /> claims, liabilities, damages, losses and costs, including but not limited to attorney's fees, arising <br /> therefrom or in connection therewith. <br /> 4. GOVERNING LAW: This Agreement shall be governed according to the laws of the place of the <br /> Project, without regard to its conflicts of laws provisions. <br /> 5. THIRD PARTY RIGHTS: This Agreement shall not create any rights or benefits to parties other than <br /> the Client and Timmons Group. <br /> 6. ASSIGNMENT: This Agreement may not be assigned without the prior written consent of the Client <br /> and Timmons Group, such consent not to be unreasonably withheld. <br /> 7. PROJECT SITE SAFETY: Timmons Group's Project site responsibilities are limited solely to the <br /> activities of Timmons Group and Timmons Group's employees on the Project site. These <br /> CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I GIS I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES <br /> 21 of 22 <br />
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