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DocuSign Envelope ID:OEA8910E-53C5-4456-B7C4-13BO7A47BB46
<br /> Expenses and/or outside services will be billed at 1.15 times our direct cost and are not included in the fee schedule
<br /> options shown above.As a policy, Summit Design and Engineering Services,PLLC does not bill for mileage(with the
<br /> exception of CEI& Geotechnical Services),in-house reproductions,or in-house postage.
<br /> Payment Conditions: Summit reserves the right to stop work for non-payment.
<br /> Invoices must be paid in full before final documents are submitted.
<br /> ❑ Retainer amount:
<br /> ❑ To be billed upon completion with payment
<br /> ® To be billed monthly with payment due upon receipt.
<br /> Invoices are past due if not paid within 30 days of invoice date.
<br /> All past due invoices are subject to a service charge of 1.5%per month.
<br /> This proposal is valid for 30 days from the date it is signed by Summit.
<br /> TERMS AND CONDITIONS
<br /> I) Expenses: Reimbursable expenses shall be paid by Client if applicable and will
<br /> ARTICLE I: CLIENT'S RESPONSIBILITIES be included in Summit's invoice. Reimbursable expenses are defined as the expenses
<br /> incurred directly by Summit in connection with the furnishing of Services hereunder
<br /> A) Client's Representative: The Client shall appoint a representative authorized to and typically include,but are not limited to:items not normally provided in the day to
<br /> act on the Client's behalf with respect to the Project. The Client or its representative day processing of work,permit fees,courier charges,reproduction fees,special project
<br /> shall make decisions in a timely manner regarding all aspects of the Project, shall related fees including documents, submittals, special project management services,
<br /> examine documents submitted by Summit Design and Engineering Services,PLLC special travel, and/or any special charges or specialized equipment, all typically
<br /> (hereinafter referred to as Summit)and render decisions in a timely manner to avoid supplied by third party outside sources.
<br /> unreasonable delay in the orderly and sequential progress of Summit's services and the
<br /> Project schedule accepted by Client.
<br /> ARTICLE II: SUMMIT'S RESPONSIBILITIES
<br /> B) Client's Program and Budget Requirements:Client shall provide Summit full
<br /> information in a timely manner regarding all its requirements for the Project including A) Standard of Care:Summit shall perform the Services called for by this Agreement
<br /> its objectives, schedule, criteria, constraints and budget including reasonable with the level of care and skill ordinarily exercised by members of the same profession
<br /> contingencies. practicing under similar conditions at the same time and in the same
<br /> locality. Summit makes no other warranties,expressed or implied,with respect to this
<br /> C) Right of Entry: Client shall provide right of entry for Summit, its staff, Agreement,Summit's Services,or the Design Documents. Client acknowledges that
<br /> subconsultants,and all necessary equipment to complete the Services. Summit will increased costs and changes may be required due to omission, ambiguities and
<br /> take reasonable precautions to minimize damage to property. Client understands that inconsistencies in the drawings and specifications. Client agrees to set aside a
<br /> in the normal course of performing the Services some damage may occur,the correction contingency of at least 3%of the Project construction cost to pay for these costs and
<br /> of which is not part of this Agreement. changes. Client further agrees it will make no claims against Summit for any such costs
<br /> and changes covered by such contingency fund.
<br /> D) Required Information:Client will furnish Summit all information,requirements,
<br /> data, reports, surveys and instructions required to complete the Scope of Services, B) Compliance with Laws and Codes:Consistent with the professional standard of
<br /> including identifying the type and location of underground improvements and utilities, care,Summit will comply with laws and codes applicable to the Project design as of
<br /> and all existing conditions.Summit shall have the right to rely upon the completeness the effective date of this Agreement or the issuance of the construction plans and
<br /> and accuracy of such information.Client acknowledges that certain assumptions will specifications,whichever is later.
<br /> be made regarding existing conditions that cannot be verified without destruction or
<br /> damage to existing facilities.To the fullest extent permitted by law,Client agrees to C) Certifications: Summit shall sign,if requested by Client and included in the Scope
<br /> waive all claims against, and to hold harmless and indemnify, Summit and its of Services,a statement that to the best of its knowledge,information and belief,based
<br /> subconsultants, for damages to underground improvements and utilities and for any in whole or in part on information provided by others,the accuracy of which has not
<br /> costs associated with undisclosed existing conditions. been verified,that the Project has been completed in general conformance with the
<br /> plans and specifications. Summit shall not be required to sign any documents,no matter
<br /> E) Invoices: Summit will render invoices every thirty days.Payment is due upon by whom requested,in which Summit is required to certify,guarantee or warrant the
<br /> Client's receipt of each invoice and is past due thirty(30)days from the invoice date. existence of conditions which Summit has not or cannot ascertain.
<br /> Client agrees to pay a service charge of one and one half percent(P/z%)per month,or
<br /> the maximum rate allowed by law,on past due accounts. Payments will be credited Summit neither guarantees the performance of any Contractor nor assumes
<br /> first to interest and then to principal. Payment of invoices shall not be subject to any responsibilities for any Contractor's failure to furnish and perform its work in
<br /> discounts,set-offs,or backcharges by Client unless agreed to in writing by Summit. accordance with the contract between the Client and any such contractor or the Project
<br /> Client shall pay all costs,expenses,and distributions,including collection agency fees plans and specifications. Summit is not responsible for variations between actual
<br /> and expenses,court costs and reasonable attorneys' fees incurred by Summit,in the construction bids or costs and Summit's opinions or estimates regarding construction
<br /> event collection or legal processes are employed to collect outstanding bills. costs;nor does Summit guarantee,warrant,or represent that proposals,bids,or actual
<br /> F) Sales Tax: Client will pay any applicable sales tax whenever deemed to be due. construction costs will not vary from opinions of probably construction costs prepared
<br /> Payment terms are exclusive of sales tax. by Summit.
<br /> G)Non-Solicitation:During the course of this Agreement and one year thereafter,the D) Construction Phase Services: If construction phase services are required in the
<br /> Client shall not solicit for employment, nor employ, hire or promote the voluntary Scope of Services,the following terms shall apply if they are likewise required in the
<br /> termination of any Summit Employee. Scope of Services (the term"Contractor" refers to any person(s)or entity(ies)that
<br /> performs the actual construction of the Project or provide labor,equipment,or materials
<br /> H) Additional Services: For additional services of Summit's employees,Client shall for the construction of the Project):
<br /> pay Summit an amount equal to the cumulative hours charged by each employee for
<br /> the additional services times his/her standard hourly rate,plus reimbursable expenses.
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<br /> (Revised 8-30-18)
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