HomeMy WebLinkAbout2021-307-AMS-Burke Design Group, PA-WCOB Server Room HVAC DesignRevised 07/20
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[Departmental Use Only]
TITLE WCOB HVAC Design
FY 2020-2021
NORTH CAROLINA
SERVICES AGREEMENT NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this 3rd day of
May, 2020, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Burke Design Group,
PA, (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Professional Services to Design HVAC for the Orange
County West Campus Office Building 3rd Floor Sever Room.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the s ervices
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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quality, accuracy and timely completion and submission of all work related to the
Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it or its employees,
agents and subcontractors engaged in such activities possess such licenses,
certifications, or credentials and that such licenses certifications, or credentials are
current, active, and not in a state of suspension or revocation.
vi) In determining the Basic Services to be provided, should any documents be
referenced in this Agreement, the terms of this Agreement shall have priority in
any conflict between the terms of referenced documents and the terms of this
Agreement.
vii) Should this Agreement involve project designs, the construction or creation of
which is to be bid out or fulfilled by other contractors, and bidding or negotiation
with contractors produce prices which, when added to the other elements of the
approved total project cost, produce a cost that is in excess of the approved total
project cost, the Provider shall participate with the County in negotiation and
design adjustments to the extent such are necessary to obtain prices within the
approved total project cost. All activity of the Provider with respect to these
matters shall constitute Basic Services and shall be performed by the Provider
without additional compensation. If negotiation and design adjustments fail to
bring costs within the total project cost the County may reject all bids and
Provider will redesign or reduce portions of the project in an effort to reduce the
bid prices to within the total project cost and rebid the project. One such redesign
is included within Basic Services. If this second letting for bids does not produce
bids that are within the approved total project cost initially or after negotiations
with the contractor the cost is not reduced to an amount within the total project
cost, the Provider is not obligated to engage in further redesign.
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3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Provide design for a back-up computer room air
conditioning system per proposal dated April 23, 2021.
4. Duration of Services
a. Term. The term of this Agreement shall be from May 3, 2021 to June 30, 2021.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be May 3, 2021.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services satisfactorily (as
determined by the County) performed pursuant to this Agreement. The maximum
amount payable for Basic Services shall not exceed Six Thousand, Two Hundred Fifty
Dollars ($6,250.00). Payment for satisfactorily performed Basic Services shall become
due and payable within thirty (30) days of Provider properly invoicing County. Payment
shall be subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the
County's representative with respect to the Project who shall have the authority to render
decisions within guidelines established by the County Manager or the County Board of
Commissioners and who shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
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7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any
additional insurance as may be required by County’s Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If
County’s Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of N/A (if no additional insurance required mark N/A
as being not applicable). Provider shall not commence work until such insurance is in
effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without
limitation, to defend, indemnify and hold harmless the County from all loss, liability,
claims or expense, including attorney's fees, arising out of or related to the Project and
arising from property damage or bodily injury including death to any person or persons
caused in whole or in part by the negligence or misconduct of the Provider except to the
extent same are caused by the negligence or willful misconduct of the County. It is the
intent of this provision to require the Provider to indemnify the County to the fullest
extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days’ prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause. Either party may
terminate this Agreement upon notice to the other party that obligations pursuant to this
Agreement are made impractical due to declarations of emergency by Orange County or
by North Carolina due to events directly impacting Orange County. Both parties shall
remain responsible for all payment and performance due up to the receipt of such notice,
but shall have no further obligation or responsibility beyond that date provided the
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terminating party has taken all reasonable steps to complete the performance of its
obligations.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider. Upon request of the County, the Provider shall submit to County all
relevant documentation, including but not limited to, job cost records, to support
its claims for final compensation.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon three (3) days’ notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable
local, state, and federal laws, rules, and regulations including but not limited to all state
and federal non-discrimination laws, policies, rules, and regulations and the Orange
County Non-Discrimination Policy and Orange County Living Wage Policy (each policy
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is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the
part of the County. This paragraph is not intended to limit and does not limit the
definition of breach to discrimination.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance
of County’s obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County’s statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County’s legal authority.
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i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name
Attention:AMS Burke Design Group, PA
P.O. Box 8181 3305-109 Durham Dr.
Hillsborough, NC 27278 Raleigh, NC 27603
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
Bonnie Hammersley, County Manager
By: __________________________________
Ben Burke, PE, Corporate President
Printed Name and Title
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Burke Design Group, P A Party/Vendor Contact Person: Ben Burke (ben@bdg-nc.com)
Contact Phone: 919.771.1916 Party/Vendor Address: 3305-109 Durham Drive City Raleigh State: NC Zip: 27603
Department: AMS Amount: $6250 Purpose: WCOB Server Room HVAC Design Budget Code(s): 61370035-
870000-30018 Vendor # 60926 (N/A if new vendor) Vendor is a BOCC consult ant? Yes No Contract
Type: (Check one) New Renewal Amendment Effective Date May 3, 2021 Approved by Board Yes
No Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed: N/A
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
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DocuSign Envelope ID: 9D3443AD-7098-432F-9463-79F69C48D268
Burke Design Group, pa
(919)771-1916 (919)779--0826 fax
3305-109 Durham Dr.
Raleigh, NC 27603
Consulting Engineers
4/23/21
Angel Barnes, Capital Projects Manager
Orange County Asset Management Services
131 West Margaret Lane
Hillsborough, NC 27278
RE:Orange County West Campus Server Room HVAC Renovations
Proposal for Engineering Services
1)SERVICES
Burke Design Group, P.A. (hereinafter BDG), agrees to provide the following
normal services, performed in a manner consistent with professional skill and
care for the project listed above:Design for a back-up computer room air
conditioning system.This office will research options and provide
recommendations for the different systems currently available on the market.
Once the type unit is determined, drawings will be produced for the HVAC and
electrical requirements.Drawings provided by BDG shall be sufficient to obtain
a permit for construction. All specifications for specialized equipment to be
installed in space shall be supplied to BDG prior to commencement of work.
A)Design Documents
I.Code Summary sheets with Appendix B (as required by local AHJ)
II.Engineering Drawings (Mechanical, and Electrical only)
III.Regular Review process and responses to code authorities
IV.Bidding assistance will be provided
V.Normal Construction Administration Services
2)ADDITIONAL SERVICES
The following are not included in normal services and are considered
additional services.
A)Any site drawings required
B)Express Reviews. The client is responsible for all incurred expenses and
time spent by BDG.
C)As Built Drawings, if not provided by the owner or contractor.
D)Any Fire Suppression (sprinkler) drawings required.
E)Interior Design.
F)Specialized lighting design and fixture selection beyond typical layout and
specifications.
FIXED FEE AGREEMENT
FOR PROFESSIONAL
SERVICES
DocuSign Envelope ID: 9D3443AD-7098-432F-9463-79F69C48D268
3305-109 Durham Drive, Raleigh, NC. 27603.Tel: (919) 771-1916
G)Changes to or deviations from the drawings as a result of value
engineering, contractor or owner changes, inaccurate or incomplete site
information which requires changes to drawings or time to be spent by
BDG.
H)Research of any Hazardous Materials or Processes as defined in the
NCSBC Fire Code to be used or stored in the tenant space.
BDG shall assist with the pricing of approved drawings by the respective contractors
through a bidding process for a fee (see compensation schedule below).
Pricing assistance for alternative systems, materials, etc. shall be offered at and
hourly rate (see Rate Schedule).
3)CLIENT’S RESPONSIBILITIES
The Client shall provide full information about objectives, schedule,
constraints, and existing conditions of the project , and shall establish a budget
with reasonable contingencies that meet the project requirements.The Client
shall furnish surveying, geotechnical engineering and environmental testing
services upon request by the Engineer. The Client shall employ a contractor
to perform the construction work and to provide cost -estimating services. The
Client shall furnish for the benefit of the project all legal, accounting and
insurance counseling services. The Client is responsible for all review and
permit fees required by the code authority for plan approval and the release for
construction.
4)COMPENSATION
BDG shall be compensated with a fixed fee of $6,250.00 (five thousand five
hundred dollars) for the aforementioned services, consisting of the following
components:
Permit drawings= $4,500.00
Bidding= $750.00
Construction Administration=$1,000.00
BDG will also provide and “Additional Services” beyond the aforementioned
normal services when authorized by the client. BDG shall be compensated for
these Additional Services based on an hourly rate (see Rate Schedule). The
hourly rate includes providing services required by changes in the Project
including, but not limited to, size, quality, approval authorities, complexity, the
Owner’s schedule, or the method of bidding or negotiating and contracting for
construction. Additional Services pe rformed during the month will be billed at
the beginning of the following month.
DocuSign Envelope ID: 9D3443AD-7098-432F-9463-79F69C48D268
3305-109 Durham Drive, Raleigh, NC. 27603.Tel: (919) 771-1916
Rate Schedule:
Engineering
Principle: $135
Senior Designer: $95
Designer:$75
CAD Designer:$65
CAD Technician:$55
Administrative: $45
All payments are due and payable upon receipt of the Engineer’s invoice. An
interest charge of 1.5% will be applied to all invoices not paid within thirty (30)
days of issuance. Full payment is required by BDG prior to releasing
documents for submittal of construction permitting.
The Client shall provide payment prior to submittal of final construction
documents for permitting equal to the permit drawing contract sum.
Payment for the bidding and construction administration services shall
be billed monthly.
BDG retains the right to construction documents as intellectual property and
reserves the right to revoke privilege to use permitted documents for
construction in the event payment is not received in full.
In the event site plan or plot plan approval is required, the Client shall provide
compensation for all site related work performed to date upon approval of
preliminary site plan or plot plan by the code authority.Compensation shall
include all reimbursable expenses, additional services, etc. incurred to date .
BDG and the client agree when BDG's services shall not include Construction
Phase services, the Client shall be solely responsible for interpreting the
Contract Documents and observing the Work of the Contractor to discover,
correct or mitigate errors, inconsistencies or omissions and that if Client
authorizes deviations, recorded or unrecorded, from the documents prepared
by BDG, the Client shall not bring any claim against BDG and shall indemnify
and hold BDG, its agents and employees harmless from and against claims,
losses, damages and expenses, including but not limited to defense costs and
the time of BDG, to the extent of such claim, loss, damage or exp ense arises
out of or results in whole or in part from such deviations, regardless of whether
or not such claim, loss, damage or expense is caused in part by a party
indemnified under this provision.
5)REIMBURSEABLE EXPENSES
Reimbursable expenses are in addition to compensation and include expenses
incurred by the Engineer, employees, and consultants directly related to the
Project as follows:
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3305-109 Durham Drive, Raleigh, NC. 27603.Tel: (919) 771-1916
Transportation in connection with the project; fees paid for securing approval
of authorities having jurisdiction over the project; reproductions, plots, standard
form documents, postage, handling and delivery of instruments of service;
overtime expenses approved by the Owner; renderings; models and mock -ups
requested by the Owner; other similar direct project-related expenses.
Express reviews and hours-incurred are considered reimbursable expenses.
Any additional prints beyond those required for permitting (for project pricing,
landlord use, etc.) are considered a reimbursable expense. BDG shall provide
digital copies of approved plans for client’s use upon request free of charge.
6)SUCCESSORS OR ADDIGNS
The client and BDG each binds themselves, successors, assigns, or legal
representatives to all covenants of this agreement. Neither party may assign,
sublet, or transfer his interest in the agreement without the written consent of
the other.
7)HAZARDOUS MATERIALS
The Engineer and Engineer’s consultants shall have no authority for the
identification, discovery, presence, handling, removal or disposal of, or
exposure of persons to, hazardous materials in any form on the project.
8)COLLECTION
In the event BDG employs an attorney to collect money owed under this
contract, the Client agrees to pay reasonable attorney’s fees not exceeding the
sum equal to twenty-five percent (25%) of the outstanding balance owing at
that time. In addition, BDG is entitled to other reasonable expenses incurred
by BDG in connection with the collection of this account.
9)PROFESSIONAL LIABILITY
BDG shall not remain liable for damages as a result of our negligent acts,
errors or omissions beyond the final invoiced amount or twenty -five thousand
dollars ($25,000), whichever is greater.
10)TERMINATION, SUSPENSION, OR ABANDONMENT
Termination:This agreement may be terminated by either pa rty upon thirty
days written notice to the other party and all outstanding balances will be
considered due immediately.
Suspension:If the project is suspended or delayed for more than three (3)
months, in whole or in part, BDG shall be paid its compensation for services
performed prior to receipt of written notice of such suspension. If the project is
again resumed after this suspension, compensation shall be subject to re -
negotiation.
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3305-109 Durham Drive, Raleigh, NC. 27603.Tel: (919) 771-1916
Abandonment:If the project is abandoned, in whole or in part, them BDG
shall be paid its compensation for services performed prior to written notice of
such abandonment.
Compensation:In the event of termination, suspension or abandonment,
hours-incurred by BDG and its consultants shall be billed at an hourly rate
against the retainer (see Rate Schedule) plus reimbursable expenses.
11)WARRANTY
The Engineer makes no warranty, either expressed or implied, as to the
Engineer’s findings, recommendations, plans, specifications, or professional
advice. The Engineer has endeavored to perform its services in accordance
with generally accepted standards of practice in effect at the time of
performance. The Client recognizes that neither the Engineer nor any of the
Engineer’s consultants or contractors owes and fiduciary responsibility to the
Client.
12)OWNERSHIP
These permit documents will be prepared under contract for a specific project
and will remain the intellectual property of the Engineer. These documents are
not to be used for any other purpose without the express written approval of
BDG.
This Contract is to be governed and construed in accordance with the laws of the
State of North Carolina. This Contract is null and void if not signed and returned
within 30 days of the date of issue .
This is the 23th day of April, 2021.
BURKE DESIGN GROUP, PA CLIENT:
DATE DATE:
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