Welcome to the DCMI Mid-Atlantic Inc. ("Consultant") website owned and operated by Consultant. This agreement contains the terms, covenants, conditions and provisions ("Terms and Conditions") upon which you (the "Client") may access.
By using this site and agreeing hereto Client agrees to the Terms and Conditions as described as follows:
This Authorization to Proceed shall serve as the Consultant Services Agreement (Contract) between DCMI Mid-Atlantic Inc. (Consultant) and Client (Client) in connection with Consultant acting as a construction consultant to Client pursuant to the terms and conditions of this agreement.
SCOPE OF WORK
Scope of Work. Construction Monitoring Inspections will be performed in accordance with the scope as enumerated in the Scope of Services Section and summarized in a detailed report. Consultant will issue final report via email in .pdf format to Client upon completion. DCMI shall coordinate all scheduling and site access through Client’s Project Coordinator. DCMI shall keep all information regarding the Work in strict confidence, whether verbal or written or of any description whatsoever, developed or obtained in performing the Work or in any way relating to the Work, the Site or this Contract. DCMI shall maintain complete and accurate working files and/or documentation of the Work, including but not limited to: data, calculations, estimates, assumptions, logs, maps, drawings, plans, specifications, notes and calibrations.
TERMS OF ACCEPTANCE
This Authorization to Proceed becomes a contract when it either is (1) accepted by Client, or (2) a signed acknowledgement is received by DCMI, or (3) Work commences, as provided in the Scope of Work. DCMI thereby agrees to provide services as described in the Scope of Work. Client shall grant or cause to be made available to DCMI, reasonable and necessary nonexclusive access to the site(s) as necessary to allow DCMI to perform the services under the Authorization to Proceed. DCMI shall not be liable for: (i) concealed conditions encountered in the performance of the services; (ii) concealed or unknown conditions in an existing structure at variance with the conditions indicated by the Scope of Work; or (iii) unknown physical conditions below the surface of the ground that differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided under this Authorization to Proceed.
DCMI represents that it is knowledgeable and experienced in providing technical and consulting services comparable to the services provided by firms in good standing under similar circumstances. DCMI represents to Client that the services shall be performed in a manner consistent with the standard of care. No other guarantee or warranty, express or implied, is intended by this Authorization to Proceed.
SCOPE OF SERVICES
Upon acceptance to the terms, conditions and certifications contained in this Agreement, you hereby authorize DCMI to perform Construction Monitoring Inspections to include the following scope and summarized in a detailed report.
1. Verification of the project requisition with considerations for work-in-place, stored materials and defects.
2. Recommendation to the Client for disbursements of construction loan funds including recommended cuts.
3. Review and verification of Payment Receipts and Lien Waivers
4. Review of work-in-place for conformance with the approval contract documents and loan documents.
5. Comment on the construction schedule
6. Review and comment on the status of work in relation to the construction schedule and comparison of the present completion date to the contract completion date and the loan completion date.
7. Review and recommend action on change orders, change of scope proposals and any other change to the project and documents.
8. Forecast overruns in the budget or schedule based upon available information.
9. Review and report on all final Governmental approvals.
10. Review and comment on the project punch list.
11. Address the adequacy of the remaining hard cost budget.
12. Pictures of construction progress.
COMPENSATION, COMPLETION AND LIMITATION OF LIABILITY
Consultant’s fee for service performance related to the subject project is listed in Section 2 and will be invoiced and due upon remittance of the written report.
Consultant will provide a digital copy of the final inspection report to Client within four (4) business days of receipt unless otherwise requested by Client. Client is responsible for providing accurate contact information for Property Owner and aiding Consultant in property inspection coordination. If Consultant cannot gain access to the property or the contact does not show up to provide access after Consultant has arranged for access, then the inspection may be subject to an additional fee for no-access; not to exceed $50.00. For rush requests, there is a $25.00 fee to expedite.
Payment is DUE UPON RECEIPT and is not subject to any financial transactions related to the project. Client is responsible for payment as this agreement is with the Client. In the event payment is delayed for more than 30 days from date of invoice, we will preserve all rights available to ensure payment is received in a timely manner to include notifying the title company of our work on the project which will initiate the requirement of lien waiver submittal with each title endorsement. In the event payment is delayed for more than 45 days from date of invoice we will file a Mechanic’s Lien or Warrant in Debt as applicable for the state we are performing the inspection.
In recognition of the relative risks, rewards, benefits of the project to both the Client and Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Consultant’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the Consultant’s fee. Such causes include, but are not limited to the Consultant’s negligence, errors, omissions, strict liability or breach of contract. By way of example and not limitation, Client agrees to hold harmless and indemnify Consultant from and against any and all claims, damages, liabilities and expenses relating to failure or inadequate performance.
It is agreed and understood that Valerie Riccardi and employees of DCMI Mid-Atlantic Inc. will conduct the site inspection, analysis and preparation of reports with respect to this project.
USE OF DOCUMENTS
This report is for the use and benefit of, and may be relied upon by the Client, its affiliates, counsel and consultants. Additional third party reliance on this report is not authorized without the expressed written consent of Consultant and Client. Any third party agrees by accepting this report that any use or reliance on this report shall be limited by the exceptions and limitations in this report, and with the acknowledgement that actual site conditions may change with time and that hidden conditions may exist at the project site that were not discovered within the authorized scope of the assessment.
Client is not authorized to share our reports with any party without the expressed written consent of Consultant. This especially applies to our competitors.
DCMI makes no other representation to any third party except that it has used the degree of care and skill ordinarily exercised by construction consultants in the preparation of the report and in the assembling of data and information related thereto. Our professional services have been performed, our findings obtained and our summation prepared in accordance with customary principles and practices. This warranty is in lieu of all other warranties either expressed or implied.
Client will provide the following information as well as any information deemed pertinent to the proposed service upon execution of this agreement.
1. Current Loan Information.
2. Requisition Documents.
3. Lien Waivers.
4. Change Orders if applicable.