Agenda Item
iii. GC Services for Stone Mountain High School Weight Room Floor Project (Paryani Construction (Not to exceed $239,800.06)
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve the award of the General Contractor Services for the Stone Mountain High School Weight Room Floor Project to Paryani Construction, one of the awarded vendors under the State of Georgia Indefinite Quantity Construction Contract for a not to exceed the amount of $239,800.06, to repair and reinforce the floor under the weight room.
Why: The weight room and concession stand area have been closed and will remain closed until the repairs are completed because there is concern that the concrete pieces will continue to fall and could cause injury. Due to the immediate need to make the repairs, utilizing an approved contractor on the State of Georgia Indefinite Quantity Construction Contract would expedite the completion of the project.
Details: On February 24, 2020, the State of Georgia, in conjunction with Sourcewell issued an ITB to provide access to contractors to provide construction, repair and renovation services over an extended period of time. Paryani Construction was awarded a one (1) year agreement effective April 20, 2020 with three (3) bilateral options to extend the term for an additional term. On March 30, 2023, the contract was extended for the period of April 20, 2023 through April 19, 2024.
Financial impact: The total budget for this project is allocated from the cost code (100.2600.543009.011.7520.9990.8013.040.0000) under the Operations Division General Fund Budget in the fixed-price amount of $239,800.06.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1475
Mr. Richard Boyd, Director of Design and Construction, Division of Operations, 678.676.1483
Effective: Upon Board Approval
Status: Approved by General Counsel
2.00
Work Order Signature Document
EZIQC Contract No.: GA-A07-040820-PAR
X New Work Order Modify an Existing Work Order
Work Order Number: 114780.00 Work Order Date: 03/31/2023
Work Order Title: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Owner Name: DeKalb County School District Contractor Name: Paryani Real Estate LLC
Contact: Lester Rollins Contact: Jessica Jackson
Phone: 678-676-1450 Phone: 404-940-2253
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of
EZIQC Contract No GA-A07-040820-PAR.
Brief Work Order Description:
DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Time of Performance See Schedule Section of the Detailed Scope of Work
Liquidated Damages Will apply: Will not apply: X
Work Order Firm Fixed Price: $239,800.06
Owner Purchase Order Number:
Approvals
Owner Date Contractor Date
Work Order Signature Document Page 1 of 1
DeKalb County School District 3/31/2023
3.00
Detailed Scope of Work
To: Jessica Jackson From: Lester Rollins
Paryani Construction DeKalb County School District
2300 Windy Ridge Parkway, Suite R-76
Atlanta, GA 30339
404-940-2253 678-676-1450
Date Printed: March 31, 2023
Work Order Number: 114780.00
Work Order Title: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Brief Scope: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the
items set forth below shall be considered part of this scope of work.
Please see attached detailed scope of work.
Contractor Date
Owner Date
Scope of Work Page 1 of 1
DeKalb County School District 3/31/2023
4.00
Contractor's Price Proposal - Summary
Date: March 31, 2023
IQC Master Contract #: GA-A07-040820-PAR
Work Order Number: 114780.00
Owner PO #:
Work Order Title: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Contractor: Paryani Real Estate LLC
Proposal Name: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Proposal Value: $239,800.06
01 - General Requirements $60,036.86
02 - Site Work $5,916.57
03 - Concrete $37,852.13
05 - Metals $119,930.27
09 - Finishes $16,064.23
Proposal Total $239,800.06
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: %
Contractor's Price Proposal - Summary Page 1 of 1
DeKalb County School District 3/31/2023
5.00
Contractor's Price Proposal - Detail
Date: March 31, 2023
IQC Master Contract #: GA-A07-040820-PAR
Work Order Number: 114780.00
Owner PO #:
Work Order Title: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Contractor: Paryani Real Estate LLC
Proposal Name: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Proposal Value: $239,800.06
Sect. Item Modifer. UOM Description Line Total
Labor Equip. Material (Excluded if marked with an X)
01 - General Requirements
1 01 22 20 00 0010 HR ElectricianFor tasks not included in the Construction Task Catalog® and as $8,820.40
directed by owner only.
Quantity Unit Price Factor Total
Installation x x = 8,820.40
120.00 58.11 1.2649
2 electricians for 2 weeks to complete lockout/tag out as necessary, make demo areas safe, remove and reset
light fixtures as necessary, provide access to main panel for welding electrical whip.
2 01 22 20 00 0033 HR Structural Steel WorkerFor tasks not included in the Construction Task $33,174.79
Catalog® and as directed by owner only.
Quantity Unit Price Factor Total
Installation x x = 33,174.79
480.00 54.64 1.2649
Labor: 3 steel workers for 4 weeks - reinforcing area where platform is going. 1 foreman for 4 weeks
3 01 22 20 00 0033 0001 MOD For Foreperson, Add $552.51
Quantity Unit Price Factor Total
Installation x x = 552.51
160.00 2.73 1.2649
1 Foreman for 2 weeks
4 01 22 20 00 0055 HR Principal Engineer $4,301.06
Quantity Unit Price Factor Total
Installation x x = 4,301.06
16.00 212.52 1.2649
Principal Engineer overseeing design. This includes GC time for review and coordination
5 01 22 20 00 0057 HR Engineer $6,528.40
Quantity Unit Price Factor Total
Installation x x = 6,528.40
40.00 129.03 1.2649
Structural engineer to complete design for steel reinforcement - This includes GC time for review and
coordination
6 01 54 23 00 0053 LF 2" x 6" Temporary Lumber $2,561.42
Quantity Unit Price Factor Total
Installation x x = 2,561.42
500.00 4.05 1.2649
Forming Lumber
7 01 74 19 00 0014 EA 20 CY Dumpster (3 Ton) "Construction Debris"Includes delivery of dumpster, $4,098.28
rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material.
Quantity Unit Price Factor Total
Installation x x = 4,098.28
6.00 540.00 1.2649
6 each 20 yd rolloffs for steel and concrete debris
Subtotal for 01 - General Requirements $60,036.86
02 - Site Work
8 02 41 19 13 0007 LF Rod Reinforced Concrete Slab Up To 4" Depth, Saw Cut $964.49
Quantity Unit Price Factor Total
Installation x x = 964.49
250.00 3.05 1.2649
Saw cut area to be removed
Contractor's Price Proposal - Detail Page 1 of 3
DeKalb County School District 3/31/2023
Contractor's Price Proposal - Detail Continues..
Work Order Number: 114780.00
Work Order Title: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Proposal Name: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Proposal Value: $239,800.06
Sect. Item Modifer. UOM Description Line Total
Labor Equip. Material (Excluded if marked with an X)
02 - Site Work
9 02 41 19 13 0382 CF Elevated Concrete Beam/Slab/Steps Removal, Reinforced $4,952.08
Quantity Unit Price Factor Total
Installation x x = 4,952.08
750.00 5.22 1.2649
Remove concrete pad
Subtotal for 02 - Site Work $5,916.57
03 - Concrete
10 03 31 13 00 0094 SF 6" Equipment Pad With Rebar $37,852.13
Quantity Unit Price Factor Total
Installation x x = 37,852.13
1,500.00 19.95 1.2649
6" slab reinforced with rebar under the dead lift equipment approximately 20'x50'
Subtotal for 03 - Concrete $37,852.13
05 - Metals
11 05 12 23 00 0094 TON Up To 50 LF Span Average Weight 100 LB/LF Trusses, Built-up $102,352.46
Quantity Unit Price Factor Total
X Installation x x = 102,352.46
11.00 7,356.13 1.2649
Material only, labor bid separately: reinforcing trusses by adding A36 smooth round rod at top and bottom
chords of joist - (25 each), 15' from joist bearing beams. STL angle for web reinforcement. Angle / PL for joist
seats
12 05 31 13 00 0015 SF 3" Deep, 16 Gauge Open Ribbed Galvanized Steel Deck $7,001.22
Quantity Unit Price Factor Total
Installation x x = 7,001.22
750.00 7.38 1.2649
2-1/2" corrugated floor deck
13 05 73 23 00 0008 LF 2-1/2" Laminated Metal Or Wood Handrail Round/Oval Shape With Metal $10,152.34
Supports
Quantity Unit Price Factor Total
Installation x x = 10,152.34
60.00 133.77 1.2649
Mounted handrail along step up. Approximately 50LF
14 05 73 23 00 0016 LF Refinish Metal Handrail $424.25
Quantity Unit Price Factor Total
Installation x x = 424.25
60.00 5.59 1.2649
Paint handrails
Subtotal for 05 - Metals $119,930.27
09 - Finishes
15 09 01 60 91 0016 SF Water-Based, Clear Acrylic, Concrete Floor Sealant/Finish, Per CoatFor $1,669.67
interior/exterior concrete surfaces.
Quantity Unit Price Factor Total
Installation x x = 1,669.67
1,500.00 0.88 1.2649
Seal concrete slab
Contractor's Price Proposal - Detail Page 2 of 3
DeKalb County School District 3/31/2023
Contractor's Price Proposal - Detail Continues..
Work Order Number: 114780.00
Work Order Title: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Proposal Name: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Proposal Value: $239,800.06
Sect. Item Modifer. UOM Description Line Total
Labor Equip. Material (Excluded if marked with an X)
09 - Finishes
16 09 51 13 00 0024 SF 2' x 4' x 5/8" Thick, Square Edge, Mineral Fiber Acoustical Ceiling Panel $10,049.63
(Armstrong VL Perforated)
Quantity Unit Price Factor Total
Installation x x = 9,771.35
1,500.00 5.15 1.2649
Demolition 1,000.00 x 0.22 x 1.2649 = 278.28
Replace approximately 1000 sf of damaged ceiling tile after demo
17 09 51 13 00 0024 0095 MOD For >200 To 500, Add $0.00
Quantity Unit Price Factor Total
Installation x x = 0.00
0.00 0.29 1.2649
18 09 65 19 19 0002 SF 1/8" Thick, Class 2 Through Pattern, Vinyl Composition Tile (VCT) $4,344.93
(Armstrong® Standard Excelon Imperial Texture®)
Quantity Unit Price Factor Total
Installation x x = 4,344.93
1,500.00 2.29 1.2649
VCT patch back
Subtotal for 09 - Finishes $16,064.23
Proposal Total $239,800.06
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: %
Subcontractor Listing Page 3 of 3
DeKalb County School District 3/31/2023
Client - DeKalb County School District
Detailed Scope of Work
Print Date: March 31, 2023
Work Order Number: 114780.00
Work Order Title: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
Contractor: GA-A07-040820-PAR - Paryani Real Estate LLC
Brief Scope: DCSD - Stone Mountain HS Weight Room Floor (Reinforcement & Repair)
To: Jessica Jackson From: Lester Rollins
Paryani Construction DeKalb County School District
2300 Windy Ridge Parkway, Suite R-76
Atlanta, GA 30339
404-940-2253 678-676-1450
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the
items set forth below shall be considered part of this scope of work.
Detailed Scope:
Please see attached detailed scope of work.
Owner Date
Contractor Date
Detailed Scope of Work Page 1 of 1
3/31/2023
DeKalb County School District
SCOPE OF WORK
Stone Mountain High School
4555 Central Drive,Stone Mountain, GA 30083
March 31, 2023
Summary Scope
Reinforce floor under weight room
Detailed Scope of Work
The Contractor shall furnish the materials, equipment, labor, and supervision to provide and
perform the work as described in this scope of work.
Scope:
• Structural engineering design
• Steel reinforcement under weight room floor
• Deck replacement NTE 1500sf
• Electrician lock-out/tag-out
• 6” concrete slab reinforced with rebar @ deadlift zone
• Sealing concrete slab
• Handrails at edge of slab (painted)
• VCT in demo areas (excluding slab) will color match existing
• Remove and reset light fixtures on lower level
• Remove and replace ceiling tile and grid as needed NTE 1500sf on lower level
• Final cleaning
Unit Price
Estimated unit price includes demolition and installation:
$160 per sf
Details that Apply to All Work Areas:
Submittals are to be provided to the Owner as part of the submittal process prior to installation by
the contractor.
Maintain clean work areas at all times. Remove and dispose of all demolished materials and
construction debris. Site must be cleaned every day at the completion of work. Contractor shall
take extra precautions to pick up all debris, nails and fasteners from the ground and all surrounding
area and finishing with magnetic pickup to ensure safety and cleanliness.
All measurements and quantities supplied in this scope of work are approximate in nature and are
supplied as a convenience for the contractor. The contractor is responsible for field verification of
all measurements and quantities.
Contractor shall verify all new and existing conditions and dimensions at job site prior to the
proposed process start of construction, and during construction.
The contractor shall perform all work, make all deliveries, and have access to work areas between
7:00 AM and 5:00 PM Monday through Friday, excluding Federal and State holidays. The
contractor shall make arrangements for delivery of materials and have a representative available
to receive said materials between hours aforementioned. The Owner is not responsible to receive
or accept deliveries.
Contractor shall coordinate installation with ownership to close down entrances as needed
Parking will be made available for the Contractor by the Owner and the Contractor shall coordinate
all parking with the Owner prior to beginning work.
Contractor shall obtain approvals in advance for all lay down and storage areas.
All salvageable materials remain the property of the Owner.
Contractor shall coordinate inspections as required.
Final clean up and disposal: Remove debris, rubbish, and waste material from the property of the
Owner on a daily basis. Upon completion of work, all construction areas shall be left clean and
free from debris. Clean all dust, dirt, stains, hand marks, paint spots, droppings, and other
blemishes.
Contractor shall not be required to pay Davis Bacon Wage Rates.
Exclusions:
• Permit fees
• Painting walls
• Moving/storing furniture or weights
• Generator – We will need access to electrical panel for welding machines
• CMU rework
• Vertical steel reinforcement (added columns)
• Bonds
• Submittals:
1. Contractor shall submit to Owner submittals for approval
Project Schedule
1. All work shall be completed during normal working hours (7am to 5pm) as directed by Owner.
2. Project construction will be scheduled upon receipt of the PO.
3. The work shall be completed within 120 calendar days from date of the Purchase Order issuance.
The Contractor will coordinate a specific schedule for on-site activities with the Owner’s
representative.
Owner Responsibilities
1. Coordinate any State Fire Marshal approvals as necessary.
2. Provide access to the worksite during normal working hours.
Contract Document Order of Precedence:
Contract documents shall govern in the order first listed below:
1. This Detailed Scope of Work
2. EZIQC master contract document
March 31st, 2023
Paryani Construction
Atlanta, Ga
Attn: Jessica Jackson
Re: Stone Mountain HS - Floor Repair and Strengthening
Stone Mountain, Ga
GSMS Proposal #E-23-083
This proposal is based on the following bid documents:
Arch/EOR: Willett Engineering
Drawings: SK-01
Specs: N/A
Addenda: N/A
Scope of Work
1. Joist reinforcement at (25) existing joists to support new weight room slab
● ¾” A36 smooth round rod at top and bottom chords of joist - 15ft from joist bearing
beams
● STL angle for web reinforcement
● Angle/PL for joist seats
● 2-½” corrugated floor deck
TOTAL PRICE = $100,473.00
Total price includes detailing, fabrication, delivery, installation and all applicable sales tax unless noted
otherwise in the scope or exclusions
NOTES/CLARIFICATIONS
1. Pricing is based upon notice to proceed within 15 days of this proposal. Due to market
volatility, schedule and pricing are subject to change
2. GSMS will provide stamped connection design calculations by a licensed and registered
professional engineer for non-AISC table connections if required by the bid documents. All other
design responsibilities shall remain with the project EOR.
3. When required, GSMS hires subcontractor engineering firms who will provide COI for
professional liability and can list contractor as an additional certificate holder. Depending on who
we select, their limits may or may not meet the required value
4. If main members are redesigned or resized after approval drawings are submitted or returned, a
change order will be submitted for re-detailing and scope changes.
5. Clear access for equipment/personnel to move material into workspace shall be provided and
maintained by others.
6. All steel will be primed with one coat of standard shop primer unless noted otherwise.
7. Removal of water and/or mud from footings to be by others prior to installation of new columns.
105 Greencastle Rd, Suite C
Tyrone, Ga 30290
470-488-2444
Page | 1
STANDARD EXCLUSIONS
1. AISC Certification - GSMS adheres to detailing, fabrication, installation, and quality control
practices as outlined by the AISC CODE OF STANDARD PRACTICE
2. P&P bond
3. Night work, unless specifically dictated by the bid documents
4. Unistrut and light gage material
5. Grout material and grouting of base plates
6. Installation of loose lintels and bollards
7. Touch up paint and all finish painting
8. Any material not shown or sized on the structural and architectural drawings unless specifically
noted above
9. Misc Items (demo, stair nosings, trench drain grates & frames, bike racks, counter support
brackets, flag poles, expansion joint covers, roof davits, masonry anchors & ties, louvers, signage
steel, fencing & gates) - unless specifically noted above
10. Attachments and/or anchors for other trades attaching to our steel
11. Specialty metals such as brass, bronze, copper, etc.
SCHEDULE
1. Submit shop drawings for approval 2-3 weeks after written notice of award
2. Delivery of steel to jobsite to begin installation activities 2-3 weeks after return of approval
drawings
3. Substantial completion of installation in 3-4 weeks
Jessica,
I’ll circle back in a few days to follow up on this project. If you have any immediate questions or
concerns regarding my scope, please use my contact information below to reach out so we can discuss.
Look forward to working with you on this one!!
Sincerely,
Chaz Stouffer
Sales
Cstouffer@gsmetalsupply.com
404.391.3474: mobile
105 Greencastle Rd, Suite C
Tyrone, Ga 30290
470-488-2444
Page | 2
MARCH 21 / 2023
Jonathan Bridges
Georgia Specialty Metal Supply
1425 Senoia Road, Ste B
Tyrone, GA 30290
jbridges@gsmetalsupply.com
RE: Floor Strengthening – Stone Mountain High School
Stone Mountain, GA
Dear Mr. Bridges:
Willett Engineering Company, Inc. (WEC) is pleased to offer this proposal for consulting structural engineering services for
the above referenced project. Based on preliminary information furnished to our office, we understand our involvement will
be the design and drafting of the reinforcing of the existing floor joist (bar Joist) in a 10’x50’ area to support an additional 6
inches of concrete on the existing floor slab in the weight-lifting room. We further understand the supporting framing
(beams/columns/footing) may need to be strengthened and a budget fee is stated below. WEC is assuming “as built”
drawings for the facility will be made available for our use.
We anticipate the construction as outlined below:
Floor: 6-inch-thick concrete slab on metal deck supported by bar joist and structural steel beams
Vertical Support: Existing - Structural steel columns
Foundation System: Existing - Conventional shallow isolated footings
Bracing System: NA
Building Code: NA
Wind Speed: NA
Seismic Site Category: NA
Seismic Building Category: NA
We propose to furnish the following professional services:
1. Structural Contract Documents
a. Framing Plan
b. Sections
c. Details & Notes
2. Shop Drawings
a. Review of original submittal shop drawings is included. Standard two-week review period. Drawings received
after 1:00 p.m. will be stamped received on the following business day.
b. Expedited reviews will be subject to additional service fees.
3. Specifications
a. Structural Steel
b. Concrete
c. Metal Deck
4. Site Visits
One site visit is itemized in the fees below: this site visit is to verify that the actual conditions of the site comply with
the “as built” drawings. If additional site visits are requested, they will be billed hourly according to our Standard
Hourly Rate Schedule (minimum of 24 hours’ notice must be given prior to observation).
5. Inspections
The owner is responsible for procuring the services of a testing agency to comply with Chapter 17 of the
International Building Code. WEC will prepare the inspection schedule.
6. Construction Administration
No hours have been included in this fee to respond to RFI’s and phone conversations with the field. If time exceeds
this amount, an additional service request will be submitted for the additional time needed to consult with the field.
We will provide the above services to you for the following fees:
Floor joist reinforcing and verification of the floor framing capacity: $2,000
New floor slab layout drawings (limits of the 6-inch slab): $500
Site visit: $500
Floor beams strengthening (budget): $2,500
Additional costs incurred to satisfy insurance requirements beyond our standard limit of $1,000,000 are not included in the
proposed fee and will be billed separately.
If, for any reason, the scope of this project changes (construction value, bracing systems, square footage, foundation type)
this proposal is subject to revision.
This proposal excludes:
a. Any cost analysis or estimates.
b. Any extraordinary amount of time or effort required to obtain a building permit (two submittals, maximum).
c. Any modifications made after the design development drawings have been approved by the client will be
considered additional service.
d. Corrective details for occurrences which may happen on the job site will be considered “add service” and a
separate contract will be submitted for approval prior to commencing the corrective design.
e. Calculations package to building officials.
Invoices will be submitted on a monthly basis as the work progresses. The above fee is based on a schedule of design
commencing within 30 days and ending within 90 days of the date of this proposal.
Fee is based on normal work schedule and does not include overtime compensation. Schedule changes that require
overtime to produce the contract documents or to review the shop drawings will be accommodated as additional services
billed at 1.5 times normal billing rate. The client shall be notified in writing of the overtime requirement prior to the beginning
of the overtime work schedule.
Should additional services or observations of structural construction become necessary, we will be glad to provide them
upon your written authorization, at an hourly rate per our standard rate schedule listed below.
Standard Hourly Rate Schedule:
Principals: $200.00 per hour
Senior Engineers: $160.00 per hour
Design Engineers: $145.00 per hour
All reimbursable expenses (such as mileage, shipping charges, postage, prints, plotting, etc.) will be billed at 20% above our
cost.
Client shall provide the following information prior to WEC beginning the design phase of the project:
1. Project Schedule
2. Geotechnical Report
3. Dimensioned Floor Plans
4. Unique Loading Conditions
This letter of agreement and Exhibit A constitute the entire agreement between the parties. Please examine these
documents and if acceptable, sign this letter and return it to us. We will begin services upon receipt of a signed contract or
your verbal instructions.
We are looking forward to working with you on this project. If we can provide additional information or services, please
contact us.
Sincerely,
WILLETT ENGINEERING COMPANY
J. Mac Willett, P.E.
JMW:jcw
Attachment
The above proposal is acceptable in full and shall serve as our temporary CONTRACT for this project.
____________________________________ ___________________________________
Signature Date
TERMS AND CONDITIONS
Exhibit A
Access To Site
The Structural Design Professional (Willett Engineering) shall visit the project at the Client’s request. Unless otherwise
stated, the Design Professional will have access to the site for activities necessary for the performance of the services. The
Design Professional will take precautions to minimize damage due to these activities, but has not included in the fee the cost
of restorations of any resulting damage.
Construction Observation
The Design Professional shall visit the project at the Client’s request. The Client has not retained the Design Professional to
make detailed inspections or to provide exhaustive or continuous project review and observation services. The Design
Professional does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any
contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. If the Client
desires more extensive project observation or full-time project representation, the Client shall request such services be
provided by the Design Professional as Additional Services in accordance with the term of this Agreement.
Indemnifications
The Client shall indemnify and hold harmless the Design Professional and all of his personnel from and against any and all
claims, damages, losses and expenses (including reasonable attorney's fees) arising out of or resulting from the
performance of the service, provided that any such claim, damage, loss or expense is caused in whole or in part by the
negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the
Design Professional) or anyone for whose acts any of them may be liable.
Hidden Conditions
A structural condition is hidden if concealed by existing finishes or is not capable of investigating by reasonable visual
observations. If the Design Professional has reason to believe that such a condition may exist, the Client shall authorize any
pay for all cost associated with the investigation of such a condition and, if necessary, all cost necessary to correct said
condition. If (1) the Client fails to authorize such investigation or correction after due notification, or (2) the Design
Professional has no reason to believe that such condition exists, the Client is responsible for all risks associated with the
condition, and the Design Professional shall not be responsible for the existing condition or any resulting damages to
persons or property.
Risk Allocations
In recognition of the relative risks, rewards and benefits of the project to both the Client and the Design Professional, the
risks have been allocated so that the Client agrees that, to the fullest extent permitted by the law, the Design Professional
total liability to the Client, for any and all injuries, claims , losses, expenses, damages or claim expenses arising out of the
agreement, from any cause or causes, shall not exceed the total amount of the Design Professional’s fee. Such causes
include but are not limited to the Design Professional's negligence, errors, omissions, breach of contract or breach of
warranty.
Terminations of Service
This agreement may be terminated upon 10 days written notice by either party should the other fail to perform his obligations
hereunder. In the event of terminations, the Client shall pay the Consultant (Willett Engineering) for all services, rendered to
the date of terminations, all reimbursable expenses, and reimbursable termination expenses. Client agrees that Consultant
has the right to suspend or terminate service if undisputed charges are not paid within 45 days of receipt of Consultant’s
invoice, and Client agrees to waive any claim against Consultant and to indemnify, defend, and hold Consultant harmless
from and against any claims arising from Consultant’s suspension or termination due to Client’s failure to provide timely
payment. Client recognizes that any charges not paid within 30 days are subject to a late payment charge equivalent to 1.5
percent of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. Any
charges held to be in dispute shall be called to Consultant’s attention within ten days of receipt of Consultant’s invoice, and
Client and Consultant shall work together in good faith to resolve their differences. If Client and Consultant shall be unable
to resolve their differences within 25 days, Consultant shall have the right to suspend or terminate service.
Ownership Documents
All documents produced by the Design Professional under this agreement shall remain the property of the Design
Professional and may not be used by this Client for any other endeavor without the written consent of the Design
Professional.
Dispute Resolution
Any claim or dispute between the Client and the Design Professional shall be submitted to non-binding mediation, subject to
the parties agreeing to a mediator(s). This agreement shall be governed by the laws of the principal place of business of the
Design Professional.