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DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2
<br /> DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2
<br /> TERMS AND CONDITIONS locality. Summit makes no other warranties,expressed or implied,with respect to this
<br /> Agreement,Summit's Services,or the Design Documents. Client acknowledges that
<br /> ARTICLE I: CLIENT'S RESPONSIBILITIES increased costs and changes may be required due to omission, ambiguities and
<br /> inconsistencies in the drawings and specifications. Client agrees to set aside a
<br /> A) Client's Representative: The Client shall appoint a representative authorized to contingency of at least 3%of the Project construction cost to pay for these costs and
<br /> act on the Client's behalf with respect to the Project: The Client or its representative changes. Client further agrees it will make no claims against Summit for any such costs
<br /> shall make decisions in a timely manner regarding all aspects of the Project, shall and changes covered by such contingency fund.
<br /> examine documents submitted by Summit Design and Engineering Services, PLLC
<br /> (hereinafter referred to as Summit)and render decisions in a timely manner to avoid
<br /> unreasonable delay in the orderly and sequential progress of Summit's services and the
<br /> Project schedule accepted by Client. B) Compliance with Laws and Codes:Consistent with the professional standard of
<br /> B) Client's Program and Budget Requirements: Client shall provide Summit full care,Summit will comply with laws and codes applicable to the Project design as of
<br /> information in a timely manner regarding all its requirements for the Project including the effective date of this Agreement or the issuance of the construction plans and
<br /> its objectives, schedule, criteria, constraints and budget including reasonable specifications,whichever is later
<br /> contingencies.
<br /> C) Certifications: Summit shall sign,if requested by Client and included in the Scope
<br /> C) Right of Entry: Client shall provide right of entry for Summit, its staff, of Services,a statement that to the best of its knowledge,information and belief,based
<br /> subconsultants,and all necessary equipment to complete the Services. Summit will in whole or in part on information provided by others,the accuracy of which has not
<br /> take reasonable precautions to minimize damage to property. Client understands that been verified,that the Project has been completed in general conformance with the
<br /> in the normal course of performing the Services some damage may occur,the correction plans and specifications. Summit shall not be required to sign any documents,no matter
<br /> of which is not part of this Agreement. by whom requested,in which Summit is required to certify,guarantee or warrant the
<br /> existence of conditions which Summit has not or cannot ascertain.
<br /> D) Required Information:Client will furnish Summit all information,requirements,
<br /> data,reports, surveys and instructions required to complete the Scope of Services, Summit neither guarantees the performance of any Contractor nor assumes
<br /> including identifying the type and location of underground improvements and utilities, responsibilities for any Contractor's failure to famish and perform its work in
<br /> and all existing conditions,Summit shall have the right to rely upon the completeness accordance with the contract between the Client and any such contractor or the Project
<br /> and accuracy of such information.Client acknowledges that certain assumptions will plans and specifications. Summit is not responsible for variations between actual
<br /> be made regarding existing conditions that cannot be verified without destruction or construction bids or costs and Summit's opinions or estimates regarding construction
<br /> damage to existing facilities.To the fullest extent permitted by law,Client agrees to costs;nor does Summit guarantee,warrant,or represent that proposals,bids,or actual
<br /> waive all claims against, and to hold harmless and indemnify, Summit and its construction costs will not vary from opinions of probably construction costs prepared
<br /> subconslillants, for darnagrs to underground improvements and utilities and for any by Summit
<br /> costs associated with undisclosed existing conditions.
<br /> D)!Construction Phase Services:.'If construction phase services are required in the
<br /> E) Invoices: Summit will render invoices every thirty days. Payment is due upon Scope of Services,the following terms shall apply if they are likewise required in the
<br /> Client's receipt of each invoice and is past due thirty(30)days from the invoice date. Scope of Services (the term "Contractor"refers to any person(s)or entity(ies)that
<br /> Client agrees to pay a service charge of one and one half percent(I'/�%)per month,or performs the actual construction of the Project or provide labor,equipment,or materials
<br /> the maximum rate allowed by law,on past due accounts. Payments will be credited for the construction of the Project):
<br /> first to interest and then to principal, Payment of invoices shall not be subject to any
<br /> discounts,set-offs,or backcharges by Client unless agreed to in writing by Summit, 1)Site Observation:If Project site observation visits are to be provided by Summit,
<br /> Client shall pay all costs,expenses,and distributions,including collection agency fees Summit shall visit the site at intervals appropriate to the stage of the construction,or as
<br /> and expenses,court costs and reasonable attorneys' fees incurred by Summit,in the otherwise expressly agreed to in the Scope of Services,in order to observe the progress
<br /> event collection or legal processes are employed to collect outstanding bills, and quality of the work completed by the contractor, Such observation is not meant to
<br /> be an exhaustive check or a detailed inspection of the contractor's work but rather to
<br /> F)Sales Tax:Client will pay any applicable sales tax whenever deemed to be due. allow Summit to become generally familiar with the progress of the construction work
<br /> Payment terms are exclusive of sales tax, and to determine in general if the work is being performed in a manner indicating that,
<br /> when fully completed, the work will be in accordance with the Project plans and
<br /> G)Non-Solicitation:During the course of this Agreement and one year thereafter,the specifications. Summit shall not be required to make continuous or exhaustive
<br /> Client shall not solicit for employment, nor employ, hire or promote the voluntary inspections to check the quantity and quality of the construction work nor shall Summit
<br /> tennination of any Summit Employee. be responsible for the Contractor's failure to perform the construction work in
<br /> accordance with the Project plans and specifications,
<br /> H) Additional Services: For additional services of Summit's employees,Client shall
<br /> pay Summit an amount equal to the cumulative hours charged by each employee for 2)Work Site Safety: Client agrees that Summit shall not supervise or direct,or have
<br /> the additional services times his/her standard hourly rate,plus reimbursable expenses. any responsibility for, control over or charge of, the Contractors' work or the
<br /> construction means,methods,techniques,sequences or procedures,or for the work site
<br /> I) Expenses: Reimbursable expenses shall be paid by Client and will be included in safety precautions or programs in connection with the construction work.These rights
<br /> Summit's invoice Reimbursable expenses are the expenses incurred directly by and responsibilities are solely those of the party or parties performing the actual
<br /> Summit in connection with the furnishing of Services hereunder and typically include construction of the Project. Neither the professional activities of Summit, nor the
<br /> without limitation transportation (including mileage), lodging, and subsistence presence of Summit personnel and subconsultants at the construction site,shall relieve
<br /> incidental thereto; providing and maintaining field office facilities including the Contractors and any other entity of their obligations,duties and responsibilities
<br /> furnishings and utilities;toll telephone calls, mobile phone charges,courier charges; including,but not limited to,construction means,methods,sequence,techniques or
<br /> reproduction of reports,drawings,specifications,bidding-related or other procurement procedures necessary for performing,superintending or coordinating all portions of the
<br /> documents, construction contract documents,and similar Project-related items; and construction work safely and in accordance with any health or safety requirements of
<br /> subconsultants'charges. In addition,if authorized in advance by Owner, any regulatory agency. The Client agrees that the Client, Summit and Summit's
<br /> Reimbursable Expenses will also include expenses incurred for the use of specialized subconsultants(and their officers,directors,employees,and agents)shall be included
<br /> equipment, as indemnitees in any indemnification provisions in the Client/Contractor contract for
<br /> the Project and that Summit and Summit's subconsultants(and their officers,directors,
<br /> ARTICLE II: SUMMIT'S RESPONSIBILITIES employees, and agents) shall be made additional insureds under the Contractors'
<br /> general,umbrella and excess liability insurance policies.
<br /> A) Standard of Care:Summit shall perform the Services called for by this Agreement
<br /> with the level of care and skill ordinarily exercised by members of the same profession 3)Submittals and Shop Drawings: If the Scope of Services includes the review of
<br /> practicing under similar conditions at the same time and in the same Contractor submittals and shop drawings,then Summit will review such submittals and
<br /> shop drawings for the limited purpose of checking for conformance with the design
<br /> concept expressed and the information provided in the Project construction contract,
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<br /> (Revised 5-1-18)
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