HomeMy WebLinkAboutNS Contract - Purchasing & Summit Engineering Northern Park ProjectORANGE COUNTY
BOARD OF COMMISSIONERS
• ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 21, 2007
Action Agen a
Item No.
SUBJECT: Contract Approval: Construction Materials Testing and Observation Services for
Northern Park Project
DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S): INFORMATION CONTACT:
Pam Jones, (919) 245-2652
Proposal
Contract
PURPOSE: To consider approving a contract with Summit Engineering, Hillsborough, North
Carolina to perform construction materials testing and construction observation in conjunction
with the Northern Park Project.
•
BACKGROUND: In order to ensure independent test results, project owners are generally
responsible for retaining a firm to provide materials testing and observations of certain activities
during construction. Representative examples of such work include: observation to ensure
proper compaction of soils during the construction of parking lots; validating the amount of
unsuitable soil found on a site or rock that must be moved in order for the project to proceed.. A
broader explanation of the scope of services for this particular project is listed in the attached
proposal
Summit Engineering is a local firm that has provided similar services to the County in the past.
Summit has proven its ability to provide quality service to the County on other projects at a
reasonable cost. Further, the firm's proximity to this project is a benefit to the County since it
would be able to respond quickly and at minimal travel expense to the site as the need arises.
This contract exceeds the County's Manager's $5,000 authorization approval for professional
service contracts and is therefore submitted for Board approval.
FINANCIAL IMPACT: Estimated fee for this project is quoted as $8,000 and is included in the
project budget.
RECOMMENDATION(S): The Manager recommends that the Board approve a contract with
Summit Engineering, Hillsborough, NC to provide construction materials testing and observation
• for the Northern Park Project; and authorize the Manager to sign the contract.
a
SUMMIT
' Consulting Engineers, PLIt
July 18, 2007
!~1r. Jeffrey Thompson
Orange County Purchasin_ Department
PO Box 8181
Hillsborough NC 27278
GEOTECHNICAL • PLANNING • ENGINEERING • SURVEYING • CONSTRURION
Reference: Proposal for Construction Materials Testing and Observation Services
Northern Park
Orange Counn•, North Carolina
Dear Jeff:
!n response to your request, Summit Consulting Engineers, PLLC is pleased to provide this proposal for
construction materials.testin; and observation services for the above referenced project. Incorporated into
this proposal you will find our contract and fee schedule for those services requested.
Summit proposes to provide experienced technical personnel to perform laboratory and field-testing
services. It is proposed to accomplish the work on a unit rate basis in accordance wTith the attached
Schedule of Standard Rates that are incorporated into this proposal. Summit's fee would be determined
-b}~ the actual amount of technical time expended for the project and the amount of laboratory testins
perfornted. Based on the testing requirements of the project, the cost estimate of our services for
this project is $8,000.00.
Summit will proceed with the work on the basis of verbal authorization; however, please sign the attached
contract and return the original to our office, as it is the policy of Summit Consulting Engineers to
issue reports only after receipt of a signed contract. To expedite this process, you may fax the signed
contract. Please advise of your report distribution requirements, number of copies, and telephone/fax
number of each recipient.
Summit appreciates the opportunity to offer its services to you and looks forward to working with you.
Respectfully Submitted.
SUMMIT CONSULTING ENGINEERS, PLLC
~~
Don Dewey. PE
Geotechnical Services Manager
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L:'Geotechnical ProposaltOran~e County - CMT, Northern Park.doc
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1000 Corporote Drive Suite 101 Hilhborough, NC 27276 314A North Madison Boulevard Roxboro, NC 27573
Telephone (919) 732-3683 Fax (919j 132-6676 www.summit-engineertom Telephone (336) 599-3900 Fax (336) 599-1226
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• SUMMIT.
Consulting Engineers
SCHEDULE OF STANDARD RATES
CONSTRUCTION QUALITY CONTROL
FIELD AND LABORATORY TESTING SERVICES
Charges will be made at the following rate for engineers, technical and support
personnel, equipment for setting up and closing our projects, obtaining and analyzing
field and laboratory data, report preparation, and consultation.
Description
A. Engineering
Unit Rate
1. Principal Engineer $100.00 / hr.
2. Professional Engineer $ 90.00 / hr.
3. Graduate Engineer, E.I. $ 65.00 / hr.
• 4. Engineering Technician (Soil, Foundations, Concrete, Asphalt) $ 40.00 / hr.
5. Structural Steel Inspector (Weld Inspection and Bolt Torque) $ 75.00 / hr.
6. Cadd Technician $ 45.00 / hr.
7. Administrative/Clerical $ 35.00 / hr.
B. La boratory
Soil:
8. Natural Moisture Content Determination (ASTM D 2216) $ 4.00 ea.
9. Engineering Classification (ASTM D 2488) $ 2.00 ea.
10. Wash #200 Sieve Analysis (ASTM D 1140) $ 45.00 ea.
11. Grain Size Analysis with Wash #200 Sieve $ 55.00 ea.
12. Atterberg Limits Test: Liquid Limit, Plastic Limit,
Plasticity Index (ASTM D 4318) $ 55.00 ea.
13. Moisture Density Relationship of Soils
a. Standard Proctor (ASTM D698) $120.00 ea.
b. Modified Proctor (ASTM D1557) $140.00 ea.
• Schedule of Standard Rates
Field and Laboratory Testing, Services
Page i of 2
Concrete:
14. Standard Compressive Strength (ASTM C 39) $ 15.00 ea.
15. Compressive Strength Cube $ 17.00 ea.
16. Compressive Strength Grout Prism $ 50.00 ea.
17. Compressive Strength Core Specimen . $ 50.00 ea.
18. Concrete Beam, Modules of Rupture $ 40.00 ea.
Asphalt
19. Density Cores (ASTM to 2726) $ 35.00 ea
C. Miscellaneous
20. Overtime
Saturdays and excess of 8 hrs. /day Time &'/z
Sundays and Holidays Double Time
21. Mileage ~ $0.47/mi.
22. Direct Expenses Cost + 15% •
23. Coring Equipment -Coring Gun, Generator $250.00/day
Pricing for Additional Tests can be quoted upon request.
NOTES:
1. Unit prices are in effect for 12 months from date of proposal.
2. All rates are billed on a portal to portal basis.
3. Scheduling of field testing and observation services is required no less than the
working day prior to the date the services are to be performed.
4. Services cancelled without advance notice will be assessed a minimum 2 hour
charge.
5. A minimum charge of 2 hours applies to field testing and observation services.
6. For construction materials testing and observation services, an engineering review
charge to schedule and supervise personnel and evaluate and review reports will be
billed at a minimum of 0.5 hour per report issued. Concrete compression testing will
be charged 0.2 hour of review time for a set of cylinders.
Schedule of Standard Rates •
Feld and Laboratory Testing Services
Page 2 of 2
SUMMIT
• Consultin En ineers
9 9
S
Standard Contract For Professional Services
Client Name Oran~~e County Project 1\TUmber -
Purchasing Department
Address PO Box 8181 Project Location Northern Park
Hillsborough NC 27278 Orange County
Contact Pam Jones
Phone 24~-26ti0 Fax
Description of Work
Provide a Construction Materials Testing and Observation Services for the above referenced prpj~ct as described in
our Letter Proposal dated July 18, 2007, addressed to Jeffrey Thompson. Orange Cowity. -
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Fee Schedule
^ Fixed Fee-Amount
® We will perform the sen-ices noted in accordance with the Schedule of Standard Rates attached.
^ Direct Expenses and/or outside services, i.e. copies, postage, courier service, etc. will be billed at 1.1 times our direct cost.
® Estimated Fee 58,000.00
Conditions of Payment
^ Retainer-Amount ~raived
^ Payment in full before drawing is released.
^ To be billed upon completion with payment due upon receipt.
® To be billed monthly with payment due upon receipt.
This proposal is valid for 30 da}~s from the date it is signed by Summit.
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y'~rT
L:! GeotechnicaVContraets/Orangc C'ounh• Purchasing Dept -Phase 1 ES:1.lustice Facilih~, Hillsborough.dot U of 3}
TERMS AND CONDITIONS
ARTtCLEL• CLIE\T~SRESt'O\SIBIL.IIIt:S
A) Client's Representative: The Client shall appoint a representative
authorized to act on the Client': behalf with aspect to the prgj~rt. fhe Cairn[ or
its rcprescntative shall make decisions in a timch• manner rz_ardin_ all aspects of
the Pn~jt.a. shall examine doruments submitted he Summit Comuhinc f:nginttrs
thereinafter rrl'rrred to a, lummiu and render dcci;ions in a tintch manner to
avoid unrcasenablr delay in the nrdrrh and sryurntirl progress of Summit's
;en ices and the Project schedule;aca~ptrd by Client.
B- Client's Prct;ram and Bud>;ct Requirements: Client shall prcrvide Summit
full intirmtaticrn m a timrl+ manner rc~ardin^_ all its requirements lire the I'nrjrct
ntcluding its objectives. schedule. criteria constraints- and Mtd,rt includm~
rcascmahlr cuminecncirs.
C~) Right of Entn•: Client shall provide right of entry -for Summit its stall.
subconsultams. and all necessan equipment to complete the V~'orl: Summit will
take reaernable precautions to minimize damagt tp property. Clitatt understands
that in the normal course of wort: some dantage may occur. the wrrcction al
which is nut part of this Agrernx:nt.
D) Required Information: C'licm will furnish Summit all information.
requirements. data. reports. sun'eys and instructions rcyuired to crnnphtr the
ticopc of Sen'ices. includmg idenliFying the qpc and location of underground
imprnvcmcnts and utilities_ and all existing rnnditions. Summit shall have the
right ur rely upon the completeness and accuracy of Such information. Client
acl:no+rled~•rs that certain asumptions will he made reearding existing conditions
that cannot be veriticd without destruction or dama_e to misting facilities. To lht
fullest extent prrtnitted by law. Clitm agrees to waste all claims against, and to
hold hamdrss and indemnify. Summit and its subconsultants, for dama_es to
undrrgnnmd improvements and utilities and I'or any costs asttciated with
undisclosed existing conditions.
EI Im•oires: Summit will render imoias evrrv thirty dayx. Payment is due
upon presentation of invoice and is past due thirty t30) days from imoicx date.
Client agrees ro pay a service charge of one and one hall' percent t I'/:"o) per
month, or the maximum rate allowed by testy. on past due account;. Payment of
invoices shall not he suhject to any discounts. sei-oll's, or backchar,es by Client
unless agreed to in writing b+• Summit. Client shall pay all costs: expenses. and
distributions. including collection agency fees and expenses. coup costs and
reasonable attorneys' fees incurred by Summit in the event collection or legal
processes are employed to collect outstanding bills.
F) Sales Tax: Client will pay' any applicable sales tax w•hcnever deemed to be
due. Pavmem terms are exclusive of sales tax.
:~RTICi.E 11: $l!~1~11T'S RESPO~StBtLtTtES
A) Standard of Care: Summit shall perform the SCr~lCCS called for by this
Agreement with the level of care and skill ordinarily exercised by members of the
same professions currently practicing under similaz conditions. 'yo other
warranty`, expressed or implied. is made. Client acktmwledges that increased
vests and changes may be required due to omission. ambiguities and
inconsisrencies in the drawings and specilcations. Client agrees to set aside a
contingency of at least 3 %o of the Project construction cost to pay Poe these costs
and changes. Client further agrees it will make no claims against Summit. for any
such costs and changes covered by such contingency fund.
6) Compliance with Laws. Codes and Standards: Consistent with the
professional standard of care. Summit will rnmply with laws. codes. and
standards applicable to the Project design as of the effective date of this
Agreement or the issuance of the construction plans and specifications, whichever
is later.
C) Certifications: Summit shall sign.. if requested by Client. a statement that to
the bast of its knowledge. information and belief. based in whole or in part on
information provided by others- the accuracy of which has not been verified. that
the 1'rgject has bn:n completed in ;eneral conformance with the plans and
specifications. Summit shall not be required «t sign any documents. no matter by
whom requested, in which Summit is required to certify, guarantee or warrant the
existence of rnnditions the existence of which Summit has not or cannot ascertain.
DI Construction Phase Sen'icrs: If amstruction phase services are required in
the Scope of Sen~icrs, the ti~llowine terms shall apply-
11 Site Obsenatiun: If silt observation visits are to bz provided by Summit.
Summit shall visit the site a[ intervah appropriate to [he stage of the construction.
or a+ othrrtise expressly a_reed «r in the Scope of Services. in order [n obsenr
the prcr_rzss and quality of the work completed by the contractor Such
nhsen~ation is not meant to be an exhaustive check or a detailed inspection ol'the
contractor's work but rather to allow Summit to become ;enerally familiar with
the prosrtss of Iht Work and to determine in general~if the work is being
performed in a manner indicating that. when fully completed. the work will }rt in
accordance with the Contract Documents. Summit shell not he required to make
h De t Ph e 1 F.S ~ Justice
continuous or exhaustive inspections to check the quantity and qualiq of the Wort:
nor shall Summit he responsible for the C'ontractor`s failure to perform the \\'o~
acuirdance with the Contract lhxumrnu.
2) Rejection of \~brk: Summit shall have the authnriq to reject am wink o
comtracdrrs that is not. in tiummit"; purtcssianal juJgmtnt. in acccrrilancr with the
C unstrudirnt Iknuntcnts. \eithrr ihi> authoritc nor the ~txxl faith judgnttnt «~ r~jecl
nr not reject any such +.»rl: shall suhject Summit to an+ liahilhy or c:w+e of anion on
behalf of the conlracuus. suhcontraanr; or any other supplitr+ or persons perlirnning
pomons of the work on the Project
3) ~1~ork Site Safeh': C'lirnt agree. that Commit :hall not supra ist ur direct. or have
arc rcspomihility Ibr. control ocrr or ~har~r of. the C'untractur: work or the
construction ntcans. methods. techniques. seyurncrs or pnrctdurc>. or for the work
site safety precautions or proaram+ in cnnnrction with the Work "I'hrsc right. and
rrsponsihilitic~ are solely those of the party or parties pcrtixnting the actual
construction of the Project. Neither the professional activities of Summit. nor the
presence of Summit personnel and subconsultants at the construction sites shall relieve
the Contractors and am other cntit+ of their ohli¢ations. duties and respcrosihilitics
including. but not limited to. constntctiun means.~mrthods. sequence. techniques or
prcrcrdun~s nccessan• for pcrfnmting. supcrintcnding or caxdinating all portions of
the \kork safelc and in accorctanct with any health or safety rcquiremcnts of ant
rct:ulatory agency. The Client agrees that the Client. Summit and its suharnsultants
shall br indemnified by the Contraaon and shall ere made additional insureds under
the C'ontractors' =tncral. umbrella and t~crss liability insurance policies.
1) Submittals and Shop Drawings: If the Scope of Services includes the review of
Contractor suhmimals and shop drawings. then tiummit will review such subminals
and shop drawings for the limited purpose of checking for conformance with the
design concept expressed and the. information provided in the Construction
Documents. 'Phis review shall not include review of the accuracy or completeness of
details, such as quantities. dimensions. weights or gauges. fabrication prncesus.
construction means or methods. coordination of the work with other trades or
cunstmction safety precautions. all ul' which are the rzspcrnsihility of the Contractor.
Thr review shall he conducted with rcasonahlc pmmptness while allowing sufficient
time in Summits jud_mtrnt to permit adequate review. Revie+v of a specific item
shall not indicate that Summit has reviewed the entire as'.a:rtthly of which the item is a
component. Summit shall not be responsible fitt any deviations from. the Contract
Lhrcuments not brought to its attention in writing by the Contractor. Summit sh~
hr rcyuired to review partial submissions or those for wdtich submissions of tort
items have not been received.
;) Requests for Clarification or Interpretation: Summit shall provide, with
reasonable promptness. written responses to requests from Contractors for
clarification and interpretation of the requirements of the Contract Documents. If
such requests Cor infomtation. clariRcatian or interpretation are. in Summit's
professional opinion. for infi~rmation readily apparent fmm reasonabh observation of
field conditions or a review of the Contract Documents. or reasonably infrrablr
therefrom. Summit shall he rnlitled w additional compensation at its regular billing
rates for its time spent responding to such requests.
6) Record Documents: if required by the Scope of Sen•ices, upon completion of the
Wort:, Summit shall compile for and deliver to the Client a reproducible set of Record
Documents confomting to the marked-up prints, drawings and other data furnished to
Summit by the Contractor. This su of Record Documents will show significant
changes made during construction. Because these Record Documents are hosed on
unvcrificd information provided M• other parties that Summit will assume to he
reliable. Summit cannot and does not warrant their accuracy.
E) Insuraaee: Summit shall maintain worker's rnmpensation insurance required by
law. Summit rcpresems and warrants that it maintains general liability and pmpeny
damage insurance. Certilicates Cor such policies shall be provided to Client upon
written request. Client shall maintain at its own rnst and expense. its own general
liability and property damage insurance. Client and Summit waive all ri=hts against
each other and Summits subconsultanu. agents and employees for damages caused
by any peril to the extent covered h.• the pmprrty insurance maintained by Client.
except to the extent such proceeds are held by Client as trustee. lltis waiver of
subrogation shall hr ellectivc a; to a person or entity even thou_!t that pervert or entity
would otherwise have a duty of indemnificrtion. contractual or otherwise. did not pay
the insurance prchnium directly or indirectly. and w•hrther or not the person or rntn
had an insurable interest in the propem' damaged.
:trestle 111: General Lrgal 1'royisinns
:\1 Ownership of Doxuments: lyraw•ing.:, specifications. and all other documents
prepared by Summit or its subconsultants, including those in clcctronic form
tcollectivrh "Design Documents"I arc instruments ofsen•ice. Summit shall retain all
common law. statutory and other reserved righu. including cop}'right thereto. The
Ursign Documzms_ including [host in electronic IOrm are furnished for use so
with respect to this Agreement. Client is permined to retain urpies of the I~
Facilih~. Flillshurough.dnc 12 of 3)
L:IGentechrncal/Cuntraets/Orange Counh Purr astng p - as f
Documenu. including those in chxtronic form. for information and rekrence in
umnection with the Pmjeet. Client shaft not use the 1Xsign Docuntenu. including
those in electronic form famished be Summit or its subcttnsultanu on other
mjccts. for addition; to this Project. or fur the completion of this Prujrct h.
then. without the rspress written consent ufSummii. Any reuse without written
consent shall be at Clrrm's risk and full Iroal respunsihilih. Chem a~rets to hold
harmless and mdcmnih Summit and its whconsultants frnm am anJ all clams.
.;uit;. demands. Jamae«. hahtlinrs. and costs. includmtt rcasanahle attitmrt fern.
ansins Irtm .uch rcu>r - -
K) Retention of Dt-cuments: summit will retain. pursuant w its usual document
retention pi,hct. rrc++rd; rrlauns to the l4'ork fix a period of three t. t wears
fiillotcing crnttpletiint of the Work. During chi: prrirxl. record. will he made
available to dte C'licnt at Summit"s ulliees during numral hu;inrss hours upc-n
seven t ; t dac"s notice.
(') Asbestr-x and Hazardnux Materials: Lnless otherei;e specilicalh provided
in the Scope of Scn ice:. Summit and its subconcuhants shaft have no
responsibility fix the discnvrn. presence. handline removal. or disposal of
asbestos or hazardous or tonic materials.
1)) 'termination and Suspension: lltis Aereemem may he terminated by rithrr
pam upon seven r 71 days written notice in the event of substantial failure by the
other pam' to ptrfonn in accordance with the terms hereof; Such termination
shall not tie etfiective it the substantial failure is remedied brlurr expiration of the
seven (;1 daps. Client's failure to pay invoices within thim I_01 days shall be
drrmtd a substaruial failure tit perli>tnt. In such ~-+~em. Summit may trrminatr
this .4grerment or immediatrH suspend the pcrl'nrntencc of services until such
failure has been cured. Thr Clicm may trrminatt this Agreement for its
utm•cnicnce upon founten (141 days writtett mtUce. In the event of a termination
fix ntnveniencc. Client will pay Summit fur services )xrfomtrd to the trrminalinn
tlTecuvc date plus reasonable termination e~penscs trithin tent 101 calendar days
of receipt of a final invoice.
In the event the project. or any phase of it is delayed fix reasons beyond Summit's
amtrol. unbilled work will he imnicrd at the standard hourly rates fix the actual
number of hours expended. Completed phases twill he billed at lees quoted
herein.
E) Disputes: In an tffiin to resolve anp conflicts that arise during the desisn or
utnstructitat ol'the Prt~ject or after completion of the Project. all claims. disputes.
r other matters in question bettvern the panics to this Agreement that arise out of
relate to this Agreement ur the breach thereof shall be submitted to nonbinding
diction bclorc a neutral third-party mediator acctplable to both panics. Such
rdiation shall be a condition precedent to the u>mmencement of any legal action
arising out of this Agreement eeccpt those legal proceedings related to Client's
failure to pay.
The mediation shall be conducted in scwrdance with the Construction
Industry Mediation Rules of the American Arbitration Association currently in
effect unless the parries a~rec otherwise. The cost of the mediator shall be borne
equally by the panics. A demand I'or mediation shall bt made within a reasonable
time after the claim, dispute or other matter has arisen. In nn event shall such
dernand be made after the date applicable statutes of limitation or repast would
bar a legal or equitable acHion based on such claim. dispute or other matter.
In the event of litigation relating to the sufi'icient.~y or adequacy of
performance of services called for by this Agreement, should Summit obtain a
judgment dismissing Client's action or clsim or other resolution wherein Summit
is not required to make compensation to Client in excess of iu final other made to
Client in the mediadun_ Summit ,hall ter entit{rd to recover all solo incurred in
the defense of the claim including staff time. coup costs, expert witness fees. and
reasonable attorneys' tees. and other claim related expenses.
Fl Choice of l.aw~/~'enue: This Agreement shall be errn=emrd by the latt•s of the state
in tihich the tiummit uftict identified beba~ is Ixated. without retard to its law of
confliu of Vatcs Any le~l action or proceeding .hell be v,;nucd in the State or federal
Court nearest the municipality in which Summit's office i. located.
G) Statute of LimitationslRepose: Causes of action prrtainin_~ to this A:rcemrnt
;haft he deemed t+. ha+c accnud and the applicable stannrs of limitation and repusr
shall rnmmcnce to run a the earlier of tither the date of substantial Completion i~f the
Project or the date Summrt'; srn•icr; arr ;ubstannalh camplclc.
Hl Assigns: Ncith~K the client nor tiummit may dcl~_ate. align. ur transtrr hi;
duce. urmtrrea in this :\,_reemcnt without consrnt ol'thc other pam. r~crpt Summit
may in its discretion uuliic qualified sulxonsuhants m the pcrti+rmancr of the Scapr
ol'Scn Errs.
If Force ~lajeurr: \rithrr pam of this Agrccm~mt shall he liable to the other liar
delays in pcrlitrming the uhh~~e6nns called I:x ha this Agreement or the direct and
indirect costs resulting from .uch delays, that are caused M latxx strikes. riots, scar.
acts of government authorities. cxtraordinan wra[hrr ,onditions or other natural
catastmphr. ur am ether cause bey~~nd the reasonable amtrol or contemplation of
tither pam.
.1) ~u 'Third-Party Beneficiaries: No[hing in chi; A_rrcmtnt shall create a
cuntracwal relationship with or girt any right ur benefit to any third party.
li- Sea•erahilih•, Rcfnrmation and Sun•ival: Ifam• pm+ision m this Agreement is
hdd invalid. direst. ar unrnfixerahle. the tnforccabilin• of the remaining proai;iuns
:hall nitl bt impaired thereby The invalid. ille_al ur tmtntiaccahk provision shall be
replaced by a mutualh acceptable provision. which. bring calif. Ir_al and
tn(ixcrahlr. comes ckr:rst to the panics' intention underlying the invalid, illegal or
unenforceable provision. Limitations of liability. indemnities, and other express
representations shall survive termination of this .4~rcrmcnt for any cause.
L) Risk .Allneation;Limitation of Liahifih•: Client and Summit have Discussed the
risks, rewards, and the benefit of the project and Summit's total fir tier stn ices. l'hr
risks have been alf+xated such that the Client agrees that to the (attest extern prnniurd
by law. Summit's total liability to Client and constntction contractors and
suhcontracu+n fur any and all injunts. claims. losses. txprnses. dama~cs or claims
txpenscs arisine out of this Agreement from any cause or causes. is IimiteJ to and
shall not exr;crd Sununit's fee or S2?0,000 whichever is smaller. Such causes include
but are nut limited to design professional's n ~ligence. ntgligem misrepresentation.
errors.. omissions. aria liahilih and breach of contrac-. I~tighrr limits of liability arr
available for a neeoliatcd fcr.
11) Indemnification: "fo the fullest extent pemtined by law. Client screen u,
indemnify and hold harmless Summit. its officers. directors- employees. agents. and
subconsultants from all claims. damages. injuries, liabilities. costs and expenses.
including reasonable attorneys frx~s arising from or claimed to arise from the acu.
omissions, negligence. fault. breach of contract. breach of warranty. nr strict tiabilih
of Caient or its employers. agents. contractors and subcontractors.
\) ('oasequential Damages: Notwithstanding am other pntvisicxt of this .4~reement
and to the fullest extent permitted bylaw. neither Client nor Summit shall be liable fix
any consequential damages incurred due to the fault of tht other pam regardless of
the nature of the fault or whether it was cnmmi0rd by Client. Summit. their
employers. agents. subconsultants or suhcontracuxs- Consequential dentaees include.
but are nut Limited to. loss ofttse and loss nl'prolit. -
O) Complete .Agreement: This Agreement constitutes tltc entire agreement Ixtween
the parties hereto and supersedes all previous undi:rstandmss and agrccments with
respect to the Project or am- of the provisions hereof. No statement, promise.
condition..undtrstanding. inducement. or representation. oral or t+ritten. expressed or
implied. which is not contained herein shall Fee binding or valid and dtis Agrermcrtt
shall not be changed, modified or altered in any, manrn:r except h} an instrumem in
writing executed by the panics htrcto.
Ky signing this agreement, you are consenting to the Terms and Conditions set forth herein. Please retain a copy for yourself and return a signed original to Summit.
Client Orange County Summit Consulting Engineers, PLLC
Address 1000 Corporate Drive. Suite 101
City State Hi. borough C 27278
sy By ~~ f
iSignaturri !• tgnaturc)
Don Dewev. PE
1Pnnt Namtl fPrintl
Date Date July IA. 2007
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