NS Contract - Summit Engineering Construction Materials Testing Sportsplex & Orange Sr Center

Browse Search

1 TERMS AND CONDITIONS ARTICLE 1: ~ 1,1E\T'F RF~rO\SINILITIES Client's Representative: 'fhe C'lirnt shall appoint a rcprcscnlati+e rthorized to act on the ClirnYs hrhall with respect to the Project. lltr C'licnt ur it. rcprrsrntati+e .hall make decisions in a time)} manner reearding all aspects of the Pmjrct. shall examine documents suhmined M Summit ('onsultim! 1=neinrrrs ihrreinafter rcfcrr~d «+ as Summrtl and render decision> in a timelc manner to avoid unrcasonahle dcta+ m the urdrrh and sequential prosrcss of Summits services and the Protect schedule accepted h} C'lirnt. B- ClicnYs Pn~ram and Budget Requirements: Client shall provide Summit tirll inlitrntation in a umeh manner rreardim_ all its requirrmrnu for the Pmjrct mduding its objectives. schedule. critrna.~ constraints and bud~~rt includine reasonahlr conunsencirs. Cl Right of Fntry: C")tent shall provide right of entry for Summit. to staff: .uheonsultants. and all necessan equipment to complete the N`ork. Summit will take rcasonablc precautions to minimize damage to pmpem. Client undrntands that in the normal rnursc of wort: some damage ma} occur, the a~rrcction of ++•hich is not pan of this Aerecmenl. D) Required Information: Client will famish Summit all information. requirements. data, capons. survey:c and instmctions required to complete the Scope of Senices. including idtntihing.the type and kx:ation of underground impmvements and utilities. and all rxislin, conditions.. tiummit shall have the nsht to rch upon the utmplcteness and accurtc+ of such infonnatiun Clirnt acknowledges that certain assumptions will tx made regarding existing conditions that cannot hr verified +vitFwut destruction or damage u+ existing facilities. Tn the fullest extent permitted by law. Client agars to waive all claims against. and to hold harmless and indrmniti: Summit and its subconsultants, for damages to undergramd improvements and utilities and for any costs assa:iated +vith undisclosed existing conditions. E) Invoices: Summit will render invoices every thim~ daps. Payment is due upon presentation of im•oice and is past due thirt}• 130- days from invoice date. Client agrees to pay a service chazse of one and one half percent 1152°.•'o) per month. or the maximum rate allowed by law, on past due accounts. Payment of invoices shall not be subject m any discounts, set-o1Ts. or backchazges by Client. unless agreed to in writing by Summit. Client shall pay all costs. expenses. and distributions, including collection agency fees and expenses. court costs and asonable attomec~s' fees incurred by Summit, in the rveni collection or legal rocesscs arc cmploprd to collect ouLStanding bills. F1 Sales Tax: Client will pay any applicable sales tax whenever deemed to tx due. Payment [amts art exclusiyc of sales tax. .ARTICLE Il: StiMSttT'S RFSPO~StBtLtTIES :~) Standard of Care: Summit shall perform the services called for by this :~grcement with the level of care and skill ordinarily exercised by members of the same professions currenth• practicing under similar conditions. No other warranty. expressed or implied. is made. Client acknowledges that increased costs and changes may be required due to omission. ambiguities and inconsistencies in the drawings and specifications. Client agrees to set aside a contingency of at Irast 3°,0 of the Project constmction cost to pay fix these costs and changes. Client futlher agrees it will make no claims against Summit for any. such costs and changes covered by such contingency fund. B) Compliance with Laws, Codes and Standards: Consistent with the professional standard of care. Summit ++ill amply +aith laws. codes. and standards applicable to the Project design as of the effective date of this Agreement or the issuance of the construction plans and specifications. whichever is later. C) Cerfificadons: Summit shall sign, if requested by Client, a statement that to the best of its knowledge, infomtation and belief, based in whole or in pan on information provided hr others. the aecurac}• of which has not been verified. that the Project has been completed in general conformance with the plate and specifications. Summit shall not be required to sign any documents. no matter by whom requestrd_ in which Summit is required to certify, guarantee or warrant the existence of conditions the existence of which Summit has not or cannot ascertain. D) Construction Phase Services: If conswaion phase services are rryuirrd in the Scope of Srrviccs, the following terms shall apply: 11 Site Obsen•ation: tf site obxrvation visilc arc to be pn+vidrd b} Summit. Summit shall +•isit the silt at intervals appropriate to the static of the construction. or ac otherwise exprcssh~ agreed to in the Scope of Services, in order to ohseme the progress and quality of the wort: completed by the contractor. Such obsen•ation is not mrarn to br an exhaustive check or a detailed inspection of the contractor's work but rather to allow Summit to become generally familiar with the progress of the H'ork and to dctcrminc in general if the +cork is lxine pcrlbrmed in a manner indiratins that. whin Culh completed. the work will he in accordance with the Contract LA+cuments. Summit shall not be required to make cominuous or exhaustive inspections ut check the quantitc and qualin• of the work nor shall Summit lx responsible fix the.Cuntractor"s f.•tilurr to perform the H'urk in accordance with the Contract IAkumrnts. Z) Rejection of N'ork: Summit shall have the authority to reject anp work of the runtraCtuh that ii not. m Summit'; pmfrssiunal Iudgmcru. in accordance ++ith the Construtt«+n fh+cuments. Neither thin authorit} nor the atxxl faith iudsmrnt u+ reject or not reject any such work shall subject Summit t++ am liabilirv or pause of action on hrhah++I the contracurrs. subcontnctnrs or am other cupplirrs or p~rsuns prrformiog poniuns of the work tiff the Pnijcct. 3) 1~'nrk tiitr tiafrh': Clicot agrcts that Summit ;hall not supra isr or direct. ur ha+r am rcspomihilin li+r. control o+•rr nr charsr nl: the Crnurachu work ur the constnrcion means. nteth++ds. trchniqurs. sequences or procedures. or Inc the work site satct} precautions ur programs in connection with the 1A'ork. "These riehu :utd rrspomibilrties are sole)} those of the part} or patties performing the actual construction of the Project. Neither the professional acticitits of Summit. nor the presence of Summit pcru+nncl and subconsultants at the anusruction site. shall relieve the Contracti+n and any other entity of their obligations. duties and respcrosibilitirs including. bm not limited to. construction means. methods. seyucnct. techniques or pnxcdurrs neressan for performing. superimcnding or aardinatins all portions of the lAOrk safely and rn accordance ++ith any health ur safety requirements of am' resulau+r+ assn.}. The Client a_recs that the C.'lient. Summit and its suhconsultams shall br indemnified by the Contractors and :hall hr ntadr addiu+nt:d m<urcds under [he Contractors' general, umbrella and excess liability insurance policies. J) Subminals and Shop Drawings: If the Scope of Sen•icrs includes the review of Contractor submittals and shop drawings. then Summit will review such submittals and shop drawings for the limited purpose of checking lix conformance +vith the design concept cxpresxd and the infnnnation provided in the Construction Documents. 'this review shall not include revic+v of tht accuracy or completeness of details. such as quantities. dimensions. +veiglus or_auges. fabrication processes, construction means or methods. coordination of the work with other trades or construction safet}• precautions. all of which aze the responsibility of tht Contractors. The rcvic++ shall he conducted with reasonable promptness while allmving sufficient time in Summit's judgment to permit adequate revic+v. Review of a specific item shall nut indicate that Summit has reviewed the entire assembly of which the item is a component. Summit shall not be responsible for any deviations liom the Contract Documents nut broaght to its attention in writing by the Contractor. Summi[ shall not be require) to review partial submissions or those for +chich submissions of correlated items have not hero received. 5) Requests for Clarification or Interpretation: Summit shall provide. with reasonable promptness. written responses to requesu from Contractors fin clarification and interpretation of the requirements of the Contract Documents. if such requests for information. clarification or interpretation arc. in Summit's professional opinion. fix information readily apparent from reasonable observation of lield conditions or a rcvicw• of the Contract Documents. or rcacnnably inferable therefrom. Summit shall be entitled to additional compensation at iLS regular billing rates for iU time spent responding to such requests. 6) Record Documents: If required by the Scope of Services. upon rnmpletion of the N'ork, Suntmil shall compile for and deliver to the Client a reproducible set of Record Documents conforming to the marked-up prints. drawings and other data famished to Summit by the Contractor. '17tis set of Record Documents will show significant changes made Burins construction. Because these Record Drxuntrnts are based im umerilird infomation provided by other panics that Summit rill assume to br reliable. Summit cannot and does ncu warrant their accuracy. E) Insurance: Summit shall maintain worker's compensation insurance required by law. Stnnmit represents and warrants that it maintains general liability and property damage insurance. Certificates for such policies shall be provided to Client upon ++ritten request. Client shall maintain at its own cost and expense. its own general liability and property damage insurance. Client and Commit +vaivr all rights against each other and Summit's suhconsultantc, agents and employers for damages caused by any peril «t the eaten) covered 6y the propem• insurance maintained by Client. except to the extent such proceeds arc held he Client as trustee. 'this waiver of subrogation shall he effective as to a person or entity even though that person or entity would other+ise have a duty of indemnification, contractual or otherwise. did nut pay the insurance premium directly or indirectly. and whether ur not the person or entity had an insurable interest in the pmperh dama_srd. .article 111: General Legal Provisions A)' Ownership of Documents: Urawinsc. specifications. anJ all other documents prepared by Summit or its suhu+nsuhants. includin_ those in electronic Icxm (collrctivel}' "Design Documents') are instnrmcnts of sea ice Summit shall retain all common law: statuton and other reserved rights. includin_ a+pyri!±ht th+~rcto. The Drsi~n Dircumrnts. including those in electronic fi+nn are furnished Cor use sulrh with respect to this Agreement. Client is permitted to rrtam copies of the Design L:/Geotechnical/Contracts/Orange County -Construction Materials Testing, Central Orange Srniui• Centrr.dcu (2 of 3)