HomeMy WebLinkAbout790678.tiff RESOLUTION
RE: APPROVAL OF CONTRACT BETWEEN WELD COUNTY, COLORADO AND URS
COMPANY CONCERNING ROCK CRUSHER PERMIT AND WAIVER OF REGU-
LAR BIDDING AND ADVERTISING PROCESS FOR SAME.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, a contract between Weld County, Colorado and URS
Company has been presented to the Board of County Commissioners
in which URS Company will investigate, prepare and submit to the
State an application for a rock crusher permit for Weld County,
and
WHEREAS, the estimated fee for the abovementioned service
is $7500 . 00 , and
WHEREAS, due to the professional services status of said
contract, the Board deems it advisable to waive the normal bid-
ding and advertising process for the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the contract between
Weld County, Colorado and URS Company for professional services
be, and hereby is , approved and further that the Chairman of the
Board is hereby authorized to sign the same.
BE IT FURTHER RESOLVED by the Board that due to the profes-
sional services statuts of said contract, the regular bidding
and advertising process for the same is hereby waived.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 20th day of
August, A.D. , 1979 .
��
BOARD OF COUNTY COMMISSIONERS
ATTEST: %" (,1x4 Q ELD COUNTY, COLORADO
Weld County C �,�j,-
Clerk and Recorder r ..0-,+-4Aye)
and Clerk to the Board- Norman Carlson, Chairman
' �,` ; y '
; r i.P i .�,/i7n/LA, (Aye)
/Deputy County Jerk 7r L da Dunbar
/
APPIROVED AS TO FORM:,. (; (- (Aye)
C. W. Kirby
(Y L1.
/
County Attorney F-''c>-.4. ,c(,_ X (1. E (Aye)
L and L. Roe �/
(.C- e L/ � � (Aye)
J K. Steinmark
1(
79067j
DATE PRESENTED: AUGUST 22 , 1979
mEmORAnDUm
WO`P C. To Commissioner Carlson, Chairman Date August 16, 1979
via Commissioner Kirby, Coordinator for Engineering Services
COLORADO From Wayne S. Smyth, County Engineer
subject Contract with URS on Rock Crusher Permit
The Commissioners have agreed in a work session to authorize an engineering
contract to investigate, prepare, and submit to the State an application for
a Rock Crusher permit for Weld County.
I have negotiated a contract with the URS Company after interviewing three (3)
firms who regularly perform this service. Their estimated fee is $7500.
The County Attorney has approved the format. The consultant (URS) has
indicated that his offer is valid beyond June 30, 1979, and will perform
the work as specified of we accept the proposal .
I recommend that you approve the contract.
),
Wayne S. Smyth
County Engineer
WSS:sar
fr_
t rI J--
URS
AN INT ERNAT IONAL PROFESSIONAL SFRV IO FS OPGn Po.'A vrN
URS COMPANY kE,N.IHAM1�IscU
3955 EAST EXPOSITION AVENUE wn r.N.T :;
DENVER,COLORADO 80209 ISE n L
TEL: (303) 744-1861 In TU:i.H
KANSA> ra r
�e,Noi ua.
aura.l,:ra
May 22, 1979
_I,IA
Mr. Wayne S. Smyth, P.E.
Weld County Engineer
P.O. Box 758
Greeley, Colorado 80631
Re: Air Pollution Permit for Rock Crusher
URS #900-071
Gentlemen:
URS Company is pleased to submit this proposal for providing professional
services to Weld County for the purposes of identifying a method for
abating an air pollution emission from a portable gravel plant owned and
operated by the county; and to prepare the necessary documentation for the
application for permit to operate.
A. SCOPE OF BASIC SERVICES
The following services will be provided by URS:
1 . Visit the Weld County gravel operation to establish
the existing conditions ;
2. Identify the air pollution technology suitable for
abating the emissions;
3. Perform the necessary preliminary engineering to
establish a budget cost for the installation of the
abatement system;
4. Prepare a budget estimate;
5. Prepare proper permit application forms and other
required documents;
6. Make report to proper Weld County officials prior
to submission of permit application form;
7. Present application form to appropriate State Health
Department authorities .
B. TERMS AND CONDITIONS
Attached hereto, and by this reference a part of this proposal is
Exhibit A, "General Provisions." The specific provisions in this letter
agreement shall take precedence over any conflicting provisions in the
General Provisions.
URS
AN INTERNATIONAL PRorFEN(ONA.SERVICES onanhi,At CN
Mr. Wayne S. Smyth, Weld County Engineer
May 22, 1979
Page 2
C. ADDITIONAL SERVICES
Any additional services requested by Weld County beyond those specified in
the basic services, as outlined previously, will be provided on the basis of
a multiplier of 2.25 times direct personnel expense, as defined in Paragraphs
4. 3 and 4.4 of Exhibit A, attached. Reimbursable expenses will be invoiced
at our cost plus 100.
D. TO BE FURNISHED BY WELD COUNTY
Weld County will furnish to URS as-built drawings for the facility;
copies of all previously submitted material regarding the permit, and any
other materials of this nature which will be required for the study.
E. ESTIMATE OF COST
We estimate that the fee for providing these services will be $7,500.
This estimate includes two (2) one-day field trips to Greley, Please note
that this is not a price bid, but only an estimate for your budgeting purposes.
F. SCHEDULING
We estimate that approximately 8-12 weeks will be required for completion
of this project. We are prepared to begin work immediately upon notice-to-
proceed by Weld County.
G. INVOICIN G
Invoicing will be submitted at four week intervals to coincide with URS
accounting periods. Invoicing will be due at face value twenty (20) days
after invoice date, and will be subject to one and one-half percent (14*)
per month interest penalty on the unpaid balance following thirty (30) days
after invoice date.
H. ACCEPTANCE
You may indicate your acceptance of this proposal by signing one copy and
returning that copy to URS. This proposal is valid until June 30, 1979.
We look forward to the opportunity of working with Weld County on this project.
Very truly yours,
URS 0 ANY ACCEPTED: WELD COUNTY, COLORADO
C1 1d. .im • BY: �,�..�.._ .�
Robert C. McWhinnie
President TITLE: Chairmanot the Board DATE 8/20/79
GENERAL PROVISIONS '
A ter written authorization to proceed with the Final D
Attached to and made a part of LETTER AGREEMENT si Phase, ENGINEER shall:
dated _ _ At 22.. _ ____ , 197 9, between 1.4. . On the basis of the accepted preliminary de gn
WELD COUNTY docu ents prepare for incorporation in the Contract D cu-
(Owner) ment final drawings to show the character and sco e of
and the w k to be performed by contractors on the P ojtint
URS COMPANY (herein fter called "Drawings"), and Specifications.
(Engineer) 1.4.2. urnish to OWNER such documents an design
in respect of the project (Project) described therein. data as ay be required for, and assist in the pr paration
of, the re uired documents, so that OWNER y obtain
approvals f such governmental authorities as ave SECTION 1-BASIC SERVICES OF ENGINEER juris-
diction ove' design criteria applicable to the oject, and
assist in obt ining such approvals by particip ing in sub-
missions to d negotiations with appropria authorities.
1.4.3. Advise`t OWNER of any adjustmen to his latest
i
1.1. General. opinion of pro able Project Cost caused, y changes in
1.1.1. ENGINEER shall perform professional services scope, design quirements or Construon Costs and
as hereinafter stated which include normal civil, structural, furnish a revised,opinion of probable P ject Cost based
mechanical and electrical engineering services and normal on the Drawings°end Specifications.
r
architectural services incidental thereto. 1.4.4. Prepare bird forms, notice to tidders, instructions
1.2. Study and Report Phase. to bidders, generaleconditions and s plementary condi-
tions, and assist in to preparation o other related docu-
After written authorization to proceed, ENGINEER shall: ments.
1.2.1. Consult with OWNER to determine his require- 1.4.5. Furnish five a pies of the above documents and
ments for the Project and review available data. present and review the in perso with OWNER.
1.2.2. Advise OWNER as to the necessity of his provid- 1.5. Bidding or Negotia'ng Pha. .
ing or obtaining from others data or services of the types After written authorization to roceed with the Bidding
described in paragraph 3.2, and act as OWNER's repre- or Negotiating Phase, ENAIN ER shall:
sentative in connection with any such services.
1.5.1. Assist OWNER in rp taining bids or negotiating
1.2.3. Provide special analyses of OWNER's needs, plan-
ning surveys, site evaluations and comparative studies of proposals for each separate p me contract for construction
or equipment.
prospective sites and solutions. 'r
1.2.4. Provide general economic analysis of OWNER'S 1.5.2. Consult with and visa OWNER as to the accept-
ability of subcontractors nd other persons and organiza-
requirements applicable to various alternatives.
tions proposed by the • rime ontractor(s) (hereinafter
1.2.5. Prepare a Report with appropriate exhibits indi- called "Contractor(s)") r those ortions of the work as
eating clearly the considerations involved and the alterna- to which such accept ility is required by the Contract
five solutions available to OWNER, and setting forth Documents. 1.
ENGINEER's findings and recommendations with opin- 1.5.3. Consult with nd advise O ER as to the accept-
ions of probable costs. ability of substitute aterials and eqipment proposed by
1.2.6. Furnish five copies of the Report and present and Contractor(s) when substitution is peltp itted by the Con-
review it in person with OWNER. tract Documents.
t
' . ' . ,..: 1.5.4. Assist O ER in evaluating bids or proposals and
in assembling a awarding contracts.
Afte ritten authorization to proceed with the Prelim'''ry 1
Design ase, ENGINEER shall: 1.6. Construe on Phase.
1.3.1. In ':. sultation with OWNER and . the basis During the C nstruction Phase ENGINES shall:
of the accepter ,eport, determine the scope..' the Project. 1.6.1. Con ilt with and advise OWNER and act as
1.3.2. Prepare pr • inary design dr- ments consisting his represe tative as provided in Articles 1 through 17,
of final design criteria reliminar rawings and outline inclusive, the Standard General Conditions f the Con-
specifications. . struction ontract, National Society of Profe sional En-
gineers cument 1910-8, 1974 edition; all of WNER's
1.3.3. Based on the infor .:-.n contained in the prelim- instructi ns to Contractor(s) will be issued throu ENGI-
inary design document sub • a revised opinion of NEER who will have authority to act as NER's
probable cost for the ' 'eject inchi:•._ Construction Cost, profes onal engineering representative during cons uction.
contingencies, corn• 'nation for all p.` essionals and con-
sultants, costs o• and, rights-of-way an. .mpensation for 1.6.2 Make periodic visits to the site to observe as an.
or damages t .roperties and interest and fit icing charges exp fenced and qualified design professional the pr gress
(all of w- ch are hereinafter called "Prop-- Costs"). an quality of the executed work and to determi in
ge eral if the work is proceeding in accordance with the
1.3.4 urnish five copies of the above preliminary .esign C ntract Documents; he shall not be required to m ke
di'.ments and present and review them in person •th e haustive or continuous on-site inspections to check e
. uantj.(y.ofwork; he shall_not he t
Page 1 of il pages
iques,. a tt.., C.,.krat:t s}`mr snbeeetrae4e +l
res of construction selected by Contractor(s) or the safe or any other persons (exce t .• are oyees and
p cautions and programs incident to the work of C - agents) at the P�,gjeet-i • 'of erwise performing any of
tra tor(s). His efforts will be directed toward provi ng tr-^— t'P Prnjart.
ass ance for OWNER that the completed Project ill
con rm to the Contract Documents, but he shall n t be SECTION 2-ADDITIONAL SERVICES OF
respo sible for the failure of Contractor(s) to perfor the ENGINEER
constr ction work in accordance with the Contract ocu-
ments. uring such visits and on the basis of his on-site
observaions he shall keep OWNER informed of the
progress of the work, shall endeavor to guard WNER 2.1. Normal and customary engineering services do not
against fects and deficiencies in the work of Contrac- include services in respect of the following categories of
tor(s) an may disapprove or reject work as failing to work which are usually referred to as Additional Services.
conform t the Contract Documents. If OWNER wishes ENGINEER to perform any Additional
1.6.3. Rev w and approve Shop Drawings s that term Services, he shall so instruct ENGINEER in writing, and
is defined in the aforesaid Standard Gener Conditions) ENGINEER will be paid therefor as provided in the
and samples, tine results of tests and inspect' ns and other Letter Agreement. Additional Services include:
data which an Contractor is required to s mit, but only —Preparation of applications and supporting documents
for conformandg with the design concep of the Project for governmental financial support of the Project; and
and compliance 9vith the information give in the Contract preparation or review of environmental studies and re-
Documents; detetmine the acceptability f substitute ma- lated services.
terials and equipritent proposed by Co ractor(s); and re- —Services to make measured drawings of or to investigate
ceive and review Dr general content s required by the existing conditions or facilities.
Specifications) mainntenance and op ating instructions, —Major changes in documentation previously accepted
schedules, guarantees, bonds and cer ficates of inspection by OWNER where changes are due to causes beyond
which are to be asse bled by Contr ctor(s) in accordance ENGINEER's control.
with the Contract Do uments. / —Providing renderings or models.
1.6.4. Issue all instru ions of OWNER to Contractor(s); —Preparing documents for alternate bids requested by
prepare routine change orders ag required; he may, as OWNER for work which is not executed or for out-of-
OWNER's representativ\ regw a special inspection or sequence work.
testing of the work; he shall a as interpreter of the re- —Detailed consideration of operations, maintenance and
quirements of the Contra t D uments and judge of the overhead expenses; and the preparation of rate sched-
performance thereunder b tt parties thereto and shall ales, earnings and expense statements, feasibility studies,
make decisions on all claims f OWNER and Contractor(s) appraisals and valuations.
relating to the execution a progress of the work and —Furnishing the services of special consultants.
all other matters and quest s related thereto; but EN-
GINEER shall not be liable or the results of any such one prime contract for construction of the Project, or
interpretations or decisionsren ered by him in good faith. the construction contract containing cost-plus or incen-
i tive-savings provisions for Contractor's basic compensa-
1.6.5. Based on his oil-site o servations as an experi- tion.
enced and qualified design profe ional and on his review —Services in connection with change orders to reflect
of Contractor(s)' applic tions for ayment and the accom- major changes requested by OWNER and services re-
panying data and schedules, deter 'ne the amounts owing suiting from material, equipment or energy shortages.
to Contractor(s) and approve in wr ing payments to Con- —Services during out-of-town travel other than visits to
tractor(s) in such amounts; such app vals of payment will the Project site.
constitute a representation to OW R, based on such —Preparing for OWNER, on request, a set of reproducible
observations and re,View, that the wo has progressed to record prints based on data furnished by Contractor(s).
the point indicated/and that, to the be of his knowledge, —Additional or extended services during construction
information and belief, the quality of e work is in ac- made necessary by (1) work damaged by fire or other
cordance with tie Contract Documen (subject to an cause during construction, (2) a significant amount of
evaluation of thq'work as a functioning eject upon Sub- defective or neglected work of or default by any Con-
stantial Completion, to the results of any. ubsequent tests tractor, and (3) prolongation of the contract time.
called for in tie Contract Documents, an to any quali- —Preparation of operating and maintenance manuals;
fications stated in his approval), but by app ving an appli- extensive assistance in the utilization or start up; and
cation for pEyment ENGINEER will not e deemed to training OWNER's personnel.
have represtinted that he has made any e mination to —Services after completion of the Construction Phase.
determine how or for what purposes any C tractor has —Preparing to serve or serving as a consultant or witness
used the Moneys paid on account of the Co ract Price, in any legal or administrative proceeding or public
or that tithe to any of Contractor(s)' work, terials or hearing.
equipment has passed to OWNER free and cl r of any —Providing services normally furnished by OWNER.
lien, claims, security interests or encumbrances. 2.2. If the parties agree, ENGINEER shall provide resi-
1.6.6. ✓Conduct an inspection to determine if the Project dent Project representation under ENGINEER's supervi-
is sultantially complete and a final inspection t deter- sion which will be paid for by OWNER as indicated in the
mine f the Project has been completed in accordan with Letter Agreement and which will be intended to give
the ontract Documents and if each Contractor h ful-
fill all of his obligations thereunder so that ENGI ER of Contractor(s), but will not involve ENGINEER in the
I
approve, in writing, final payment to each Contra or. construction means, methods, techniques, sequences or
procedures or safety precautions or programs nor provide
7. ENGINEER shall not be responsible for the is to OWNER any guarantee by ENGINEER of the accuracy,
missions of any Contractor, any subcontractor or a quality or timeliness of Contractor(s) performance.
Page 2 of _ 4.. pages
SECTION 3-OWNER'S RESPONSIBILITIES and equipment will be included as if purchased new for
the Project. No deduction is to be made from ENGI-
NEER's compensation on account of any penalty, liqui-
dated damages, or other amounts withheld from payments
3.1. OWNER shall designate a person to act with authority to Contractor(s).
on his behalf in respect of all aspects of the Project, shall
examine and respond promptly to ENGINEER's submis- 4.3. The payroll costs used as a basis for payment mean
sions, and shall give prompt written notice to ENGINEER the salaries and wages paid to all personnel engaged di-
whenever he observes or otherwise becomes aware of any rectly on the Project, including, but not limited to, en-
defect in the Project. gineers, architects, surveymen, designers, draftsmen, speci-
fication writers, estimators, other technical personnel,
3.2. OWNER shall also do the following and pay all stenographers, typists and clerks; plus the cost of customary
costs incident thereto: and statutory benefits including, but not limited to, social
security contributions, unemployment, excise and payroll
—Furnish to ENGINEER core borings, probings and
taxes, workmen's compensation, health and retirement ben-
subsurface explorations, hydrographic surveys, labora-
tory tests and inspections of samples, materials and efits, sick leave, vacation and holiday pay applicable
equipment and similar data; appropriate professional
cipals of ENGINEER and their hourly payroll costs are:
thereto. For the purposes of this Agreement, the prin-
interpretations of all of the foregoing; property, boun-
dary, easement, right-of-way, topographic and utility
surveys and property descriptions; zoning and deed
restrictions; all of which ENGINEER may rely upon The amount of customary and statutory benelgs of all
in performing his services. other personnel will be considered equal to SS % of
—Guarantee access to and make all provisions for EN- salaries and wages.
GINEEk to enter upon public and private property.
—Provide such legal, accounting, independent cost esti- 4.4. Reimbursable expenses mean the actual expenses
mating and insurance counseling services as may be incurred directly or indirectly in connection with the
required for the Project, and any auditing service re- Project for: transportation and subsistence incidental
quired in respect of Contractor(s) applications for pay- thereto; obtaining bids or proposals from Contractor(s);
ment. furnishing and maintaining field office facilities; subsistence
—Furnish approvals and permits from all governmental and transportation of Resident Project Representatives
authorities having jurisdiction over the Project. and their assistants; toll telephone calls and telegrams;
reproduction of reports, Drawings and Specifications, and
3.3. OWNER shall pay all costs incident to obtaining
bids or proposals from Contractor(s). similar Project-related items in addition to those required
under Section 1; computer time including an appropriate
charge for previously established programs; and, if autho-
SECTION 4-MEANING OF TERMS rized in advance by OWNER, overtime work requiring
higher than regular rates.
4.1. As used herein the term "this Agreement" refers to SECTION 5-MISCELLANEOUS
the Letter Agreement to which these General Provisions
are attached and these General Provisions, as if they were —
part of one and the same document.
5.1. Reuse of Documents.
4.2. The construction cost of the entire Project (herein
referred to as "Construction Cost") means the total cost of All documents including Drawings and Specifications fur-
the entire Project to OWNER, but it will not include EN- nished by ENGINEER pursuant to this Agreement are
GINEER's compensation and expenses, the cost of land, instruments of his services in respect of the Project. They
rights-of-way, or compensation for or damages to proper- are not intended or represented to be suitable for reuse
ties unless this Agreement so specifies, nor will it include by OWNER or others on extensions of the Project or on
OWN ER's legal, accounting, insurance counseling or audit- any other project. Any reuse without specific written veri-
ing services, or interest and financing charges incurred in fication or adaptation by ENGINEER will be at OWNER's
connection with the Project. When Construction Cost is sole risk and without liability or legal exposure to EN-
used as a basis for payment it will he based on one of the GINEER, and OWNER shall indemnify and hold harm-
following sources with precedence in the order listed: less ENGINEER from all claims, damages, losses and
expenses including attorneys' fees arising out of or result-
4.2.1. For completed construction, the total cost of all ing therefrom. Any such verification or adaptation will
work performed as designed or specified by ENGINEER. entitle ENGINEER to further compensation at rates to
4.2.2. For work not constructed, the lowest bona fide be agreed upon by OWNER and ENGINEER.
bid received from a qualified bidder for such work; or 5.2. Estimates of Cost.
if the work is not bid, the lowest bona fide negotiated
proposal for such work, Since ENGINEER has no control over the cost of labor,
materials or equipment or over Contractor(s)' methods
4.2.3. For work for which no such bid or proposal is
received, ENGINEER's most recent opinion of probable of determining prices, or over competitive bidding or mar-
Project Cost. ket conditions, his opinions of probable Project Cost pro-
vided for herein are to be made on the basis of his
Labor furnished by OWNER for the Project will be in- experience and qualifications and represent his best judg-
eluded in the Construction Cost at current market rates ment as a design professional familiar with the construction
including a reasonable allowance for overhead and profit. industry, but ENGINEER cannot and does not guarantee
Materials and equipment furnished by OWNER will be that proposals, bids or the Construction Costs will not
included at current market prices except used materials vary from opinions of probable cost prepared by him. If
Page 3 of .__4 pages
prior to the Bidding or Negotiating Phase OWNER wishes amount in controversy thereof is more than $200,000 (ex-
greater assurance as to the Construction Cost he shall em- elusive of interest and costs) or to render a monetary award
ploy an independent cost estimator as provided in para- in response thereto against any party which totals more
graph 3.2. Engineering services to modify the Contract than $200,000 (exclusive of interest and costs).
Documents to bring the Construction Cost within any
limitation established by OWNER will be considered 5.4.4. No arbitration arising out of, or relating to, this
Additional Services and paid for as such by OWNER. Agreement may include, by consolidation, joinder or in
any other manner, any additional party not a party to this
5.3. Late Payment. Agreement.
If OWNER fails to make any payment due ENGINEER 5.4.5. By written consent signed by all the parties to this
for services and expenses within sixty days after receipt Agreement and containing a specific reference hereto, the
of ENGINEER's bill therefor, the amounts due EN- limitations and restrictions contained in paragraphs 5.4.3
GINEER shall include a charge at the rate of 1% per and 5.4.4 may be waived in whole or in part as to any
month from said sixtieth day; and in addition ENGINEER claim, counter-claim, dispute or other matter specifically
may, after giving seven days' written notice to OWNER, described in such consent. No consent to arbitration in
suspend services under this Agreement until he has been respect of a specifically described claim, counter-claim,
paid in full all amounts due him for services and expenses. dispute or other matter in question will constitute consent
to arbitrate any other claim, counter-claim, dispute or
5.4. Arbitration. other matter in question which is not specifically described
in such consent or in which the sum or value in con-
5.4.1. All claims, counter-claims, disputes and other troversy exceeds $200,000 (exclusive of interest and costs)
matters in question between the parties hereto arising out or which is with any party not specifically described
of or relating to this Agreement or the breach thereof will therein.
be decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitra- 5.4.6. The award rendered by the arbitrators will be
tion Association then obtaining, subject to the limitations final, not subject to appeal, and judgment may be entered
stated in paragraphs 5.4.3 and 5.4.4 below. This agree- upon it in any court having jurisdiction thereof.
ment so to arbitrate and any other agreement or consent 5.5. Termination.
to arbitrate entered into in accordance therewith as pro-
vided below, will be specifically enforceable under the This Agreement is subject to termination by OWNER or
prevailing law of any court having jurisdiction. ENGINEER should the other fail to perform its obliga-
tions hereunder. In the event of any termination, EN-
5.4.2. Notice of demand for arbitration must be filed in
writing with the other parties to this Agreement and with GINEER will be paid for all services rendered to the date
of termination, all reimbursable expenses and reimbursable
the American Arbitration Association. The demand must
be made within a reasonable time after the claim, dispute termination expenses.
or other matter in question has arisen. In no event may 5.6. Successor and Assigns.
the demand for arbitration be made after the time when
institution of legal or equitable proceedings based on such OWNER and ENGINEER each binds himself and his
claim, dispute or other matter in question would be barred partners, successors, executors, administrators and assigns
by the applicable statute of limitations. to the other party of this Agreement and to the partners,
successors, executors, administrators and assigns of such
5.4.3. All demands for arbitration and all answering state- other party, in respect to all covenants of this Agreement;
ments thereto which include any monetary claim must con- except as above, neither OWNER nor ENGINEER shall
tain a statement that the total sum or value in controversy assign, sublet or transfer his interest in this Agreement
as alleged by the party making such demand or answering without the written consent of the other. Nothing herein
statement is not more than $200,000 (exclusive of interest shall be construed as creating any personal liability on the
and costs). The arbitrators will not have jurisdiction, power part of any officer or agent of any public body which may
or authority to consider, or make findings (except in denial be a party hereto, nor shall it be construed as giving any
of their own jurisdiction) concerning any claim, counter- rights or benefits hereunder to anyone other than OWNER
claim, dispute or other matter in question where the and ENGINEER.
4
Page 4 of pages
Hello