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<br />TERMS ANI1 CUNDITIONS
<br /> accordance with the; Contract, Documems., $urnnut shall not be required. to make
<br />AR77CLE1' GLtENT'S RESPUNS/BIL[17E5 continuous or exhaustive:'inspeetions to check the quantity and quality of the World
<br />A) Client's Representative: The Client. shall appoint. a n3tresentative -nor shalt Summit be responsible fbr the Contractor's failure to perform the Work in
<br />authorized to act onahe Client's behalf with respect to the Project The Client or
<br />its"'representative shall moire decisions tiro timelymanner iegarding'all aspects of accordance with the.Contract Documents.
<br />~,). Rejection of Work:: Summit shall have the authority to reject'arry work of the.
<br />'the Project, shall examine documents submitted by Summit. Consulting Engineers contractors tliat'is not,. in Summit's professional judgment,. in accordance with. the,
<br />(hereinatiei• refeired to as"Summit) and;.render decisions in a timely" manner to
<br />' Gonsuvction Doeumenis. Neither this authority nor the good faith judgment to reject"
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<br />avord unreasonabie.aelay in'fhe orderly and, sequential progress of Summit
<br />or not:re~ect anysuch work shall subject Summit to any ability or cause of action on
<br />services and,the P„iv~ect schaiiite accepted by Client. behalf of the contractors; subcontractors or any other suppliers or persons performing.
<br />Client's Program and Budget Requirements: Client shall provide Summit
<br />8). portions of the work on tfie:Project.
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<br />full information in a timely manner regarding all its requirements for the Project. 3) Work Stte Safety: Client agrees that Summit shalt not supervise or direct, ar have
<br />iricludrog its objectives, :schedule; 'criteria; constraints: -and budget including. ~Y :responsibility for; control over or charge of„ the Contractors' work or the
<br />reasonableconttngencies.
<br />" methods, techniques; sequences:or rocedures; or far the work
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<br />C) Right of Entry: Client. shalt provide right of entry for Summit, its staff, ,
<br />srte:safety precautrons.or programs in connection with the Work. These rights and
<br />and.:all necessary equipment to complete the Work :Summit: will
<br />subconsultants ansrbrhUes are solely those of the: party or parties perforating the actual
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<br />take neasonatile precautions to minirnrze damage'to property. Client understands ~P
<br />afthe Project. Neither the professional activities of Snmmit,.nar the
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<br />that in tlie'normal..course;of work some damage may occur, the correction of .
<br />presence of Summit personnel and subconsultants at the construction site, shall relieve
<br />whtch is riot part of this Agreement.
<br />D) Required lnformationc Client will fiunish .Summit all infomration; the Contractors and any other entity of their obligations, duties and responsibilities
<br />brit not limited to, construction means, methods, sequence, techniques or
<br />rncluding
<br />sequrn:ttieuts, data> repoits, surveys and instructions required to complete the ,
<br />s necessary for performing, superintending or coordinating"all portions of
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<br />5coge,of Semces,,including identifying the type and location of underground e
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<br />the Work safely and in accordaitcc with any health. or safety: requirements of any
<br />:improvements and, utilities; and all, existing conditions: Summit .shat! have the regujatbry agency. The Glicnt agrees that the Client, Summit and its subconsuttants.
<br />right to. rely upon the completeness and accuracy of such infottnation. Client shatl;be indemnified by the Contractors and shall be made additional insureds under
<br />acknowledg"es thatcettairi assumptions will be made regarding existing conditions ,
<br />the Contractors ;general; umbrella and excess liability insurance policies.
<br />that cannot be verified withoutdestruction or damage to existing facilities. To the 4).Submittats and Shop:Drawings: if the Scope'of Services includes the rcvieW of
<br />fupest;.exterit permitted bylaw, Client,agrees to waive:all claims against, and to and shop flrawings; then Sumririt will review'such submittals.
<br />Contractor submittals
<br />hold. hamiless and. indemnify, Summit and its subconsuttants, for damages'to
<br />'underground improvements. and utilities and: for any casts associated with ;
<br />and :shop drawings for the. limited, purpose,:of checking for conformance with. the:
<br />r?essed and the information provided.. in the Constmctios
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<br />Documents.:This review shall notinclude,review of the accuracy or completeness of.
<br />E) Invoices: 5i;mmrt will tender invoices every thirty days. Payment is due":"
<br />upon.presentanon. of invoice and is'past due thirty (34) days from.invoice date. ;details, such as .quantities, dimensrons weights or-.gauges, fabrication. processes,.
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<br />coordination of the work: with -other trades: or
<br />construction means ar. methods,
<br />Client; agrees Yo-pay a service charge of one and one half percent (1%%)'per .
<br />construction safety precautions, all of which are the responsibility of the Contractors.
<br />the;maximum rate allowed by law, on past due accounts. Payment of
<br />month,. or The:revrew shall be conducted With reasonable promptness while allowing sufficient
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<br />:invoices shall-not be subject_to any discounts, set-offs, ar backcttarges by:Client:
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<br />tpne>n Summit's judgment to permit adequate review. Review of a s cific item
<br />unless agreed to" in writing by Summit: Client shall pay all costs, expenses; and shall notindcate that Su??mit has reviewed the entire assembly of which the item is a,
<br />distn'butions, melnding collection agency fees:" and expenses, court costs ,and.; Summit shall not be responsible for arty deviations from the Contract
<br />component.
<br />reasonable attorneys' fees incurred by Summit; in the event collection ar legal .
<br />Documents notbroughCto its attention in writing by the Contractor. Summit shall not
<br />processes are employed to,collect outstanding bills.. be required to review partial submissions oriltose;for which submissions of correlated
<br />Sales"Tax Client will pay any applicable sates tax;whenever deemed to be
<br />items have not becn.received.
<br />due Payment tetras are exclusive of Sales taz:
<br />5) Requests: for Clarification' or Interpretations Summit shall provide; with
<br />ArrticE'II• StlbiMr'I''S`RESPOiVSIBtLrt7ES reasonable promptness,. "written responses to requests from Contractors for
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<br />Standard of Care: Sntnmrt shall' perform the services called for by this
<br />A) clarifcadon;and interpretation of'the requirements of the Contract Documents.
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<br />Agreement;with the.level of care andsbll aniinarity exerr:ised by members of the s
<br />such ":requests for information, clarification or interpretatiyn rue, in Summit
<br />same professions: cutrengy" practicing under, similar conditions:: No other. professional opinion; for information readily apparent firm reasonable observation of
<br />warranty; expres9ed: on implied, is "made. Client acknowledges ,that increased: field conditions or a review of the Contract Documents,: or'reasonably inferable
<br />costs and. changes may tie required due" to Omission, ambiguities and. there'am, Summit shall be entittek to additlona! compensation at its regular billing
<br />ncons'tstencres in the drawings and, specrfcations. Client agrees to set aside a ratesfor its:time spent responding to such requests.
<br />contingency of at least 3°l0 of the Project consiiirction cost to pay for these costs 6):Record. Documents::If.required by the:5cope of9ervices, upon completion of the
<br />and changes. Client further agrees it will rnalcc,no claims against Summit forany; Work; Suinmitslrall compile for and deliver to the Chem a reproducibleset of Record
<br />such costs`and clian'ges covered by suctr contingency fund. Documentis conforming fo the marked-up prints, drawings and other data furnished tp
<br />B) Conghance with Laws„ Codes and Standards:, Consistent with the Summit by the, Contractor. This set of Record 'Documents. wilt show significant.
<br />professional standard. of care,. Summit will comply with laws, cages; and changes made; during;consttuction. Because these Record Documents are based on
<br />standards applicable; to the Project design .as of the effective date of this unverified infamration provided by other parties.. that Summit will assume to be
<br />Agreement or the,issuance of the construction. plans and.specifications, whichever reliable Summit cannotand does not warrant their. aceumcy.
<br />is later:. E) insurance: Summit shall maintain worker's compensation insurance required by
<br />Summit shall sign,. if requested by Ghent,.a statement that to
<br />C) CertificaUansr law: Summit;represents and warrants that it maintains general liability. and property
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<br />the taest of its knowledge, information and belief, based in whole or in part on provided to Client. upon
<br />damage insurance. Certificates for such, policies shall be
<br />;information provided by others, the accuracy of which has not-been verified, that written requesti Client shall maintain at its own cost and expense;-.its own general
<br />the Project has been completed in general conformance with the plans and .liability and property damage insurance. Client;aad summit waive all rights against,
<br />specifications. Summitshal! not be required to sign any documens, no ,matter by each other and Summit's subconsultants, agents and employees. for damages -caused.
<br />whom requested, in which:Sumrnit is required :to certify, guarantee: or warrant the 'b~, any p~ to the extent covered by the property insurance maintained by Client,
<br />of conditions the:existerice of which.SUrmnit has not or camtot ascertain.
<br />existence ".kept to tlte; extent such proceeds are hold by Client as tnrstee. Tlus waiver of
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<br />Phase Services:. If construction phase services are required in
<br />Construction"
<br />D) subiogatian:shall be efi'ective as to a person or entity even though that person or entity
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<br />the Scope of Services, the following teiirts shall apply: would otherwise have a duty of indemnification, contractual or otherwise; did not, pay
<br />1) site Observntion: If site observation, visits.. are to be provided by Summit;. the"insurarrce'prenribm directly or>sindirectly; and whether or not the person or entity
<br />.summit shall visit the site at intervals appropriate to the stage of the construction, ~d ~ insurable interest in the property damaged:
<br />or as,oth"eiwise expressly agreed to in the Scope of Services, in order to observe:
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<br />h prude I!L• GeneraTLeEsI Provisions
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<br />the progress and..quality of the work completed by the contractor. A) Ownership of Documents: Drawings, specifications; and all other documents
<br />:observation is not meant to be an exhaustive check or a detailed inspection of the:
<br />but rather to allow Summit to become geriecaliy famitiar'with
<br />"contractor's work prep by :Summit or its subconsultants, including those in electronic form
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<br />Summit shall retain all
<br />ts") are instruments ofservice
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<br />the progress . of. the Work and to determine in general if the work is being .
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<br />and othei reserved rights; including copyright thereto. The
<br />ooinmon "law; statutory
<br />perforrited in:a.manner indicating thaf, when,"fully completed, the-work will be in ,
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