HomeMy WebLinkAboutAgenda - 11-15-2007-4eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 15, 2007
Action Agenda
Item No. .~ - ~
SUBJECT: Contract Approval: Construction Materials Testing and Observation Services
for Solid Waste Operations Center Project
DEPARTMENT: Purchasing and .Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S): INFORMATION CONTACT:
Proposal Pam Jones (919) 245-2652
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 Solid Waste Operations Center Project.
BACKGROUND: The Board has previously approved a bid with l.aChase, Inc. for the
construction of the Solid Waste Operations Center on .Eubanks Road, Chapel Hill. The
construction of the project is set to begin soon. As the Board is aware, 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: testing of concrete after it is poured in place to ensure it is a mix
that would provide the stability needed and specified for the building; and observation to ensure
proper compaction of soils during the construction of parking lots. A broader explanation of the
scope of services is listed in the attached proposal.
Summit Engineering is a local firm that has provided similar services to the County in the past:
The company 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 Manager's authorization to approve professional service
contracts ($5,000) and is therefore submitted for Board approval.
FINANCIAL IMPACT: Estimated expenditures for materials testing and observation of a typical
project of this type are $9,000 and are 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 Solid Waste Operations Center Project; exempt this work from the qualifications based
selection process as allowed by GS 143-64.32; and authorize the Manager to sign a contract to
effect the work.
a
GE(JTECNNItAl. •
Octgber 1:0, 2Q07
1VIi-: Jeff Thompson
(Orange County Purchasing Department
'Past Offce.Box. 8.181
'H.llsborough NC 2.7278
• SURVEYlNG> ~ CDNSTR!)C21DN MANAGEMENT
'Reference:. Proposal for Construction Materials Testing and. Observation .Services
Proposed:::Orange;County'SOliclWoste Operations Center
Chapel Hill; North Carolina
Dear Mr; Thornpsont;
As requested,, Summit: Consulting Engineers is pleased fo. submit this proposal to: provie construction
materials testing anci observatzon::services during construction of the: proposed. Orange County Solid.
Waste Operations Center in. Chapel Hi1I; North Carolina.
INTRQDCICT'IC1N
Suii~unit Consulting Engineers, PLT::C is, a consulting: engineering fum, which specializes :in geatechnicai
engixteertng 'and construction materials testirig and irzspectioii seivice~:. Summit ;proviiies: excellcnc~ iu;
professional .services to a wide range of private: clients and public agencies, VJe have credible experience
in the geotechnieal anil materials testin : Indus ..
g try with;;an; excellent reputation. arith various; state agencies;
and znui~icipalities;
Summit has: a qualified team of ;professional engineers and tecllnicianS available to exceed. your
expectatiozls.forpcrformance: We'.liave extensive experience on similar projects; and we understand your
goals and objectives° to ensure the. standard of care for this project.,
:Summit operates:under the?guidance of our Quality :System Manual;. which-addresses. all requirements, of`
AS.TIvi E 329: "Standard Practice for Use in Evaluation; of Testing. anal: Inspection. Agencies as Used in
Construction;" and AASHTO, RI8 "Establishing:and Implementing. a. Quality 5ysteni,for Constructiorx
Materials Testing Laboratories." Our objective is to provide the. quality of''service; which results: from
iinplementing'the quality system descnlei bytlie manual and required:by the referenced; staridarcis..
In an effort to rnainfain ttie highest quality control. 'standards` within bur company; our laboratory;..
equipment, and personnel are: inspected bod by our'infernal Quality Control Group and. external agencies
such as NCDOT We have; recently completed the process of having our soils: and concrete laboratory
inspected and certified by NGDQT:
We maintain a sta££ of certified engineering technicians that vre believe are uniquely qualified to perform.
the. soil .and materials testing sevices for this project: Currently;, we have over 20 carlstriiction
engineering and inspection personnel worleing on projects across the state. Out technicians are certified
'~UOO Corporate Drive • Suite 101 • Ni11s6orough, NC27278 314-A North Madison Bootevard + Razboro, NG27573
Telephone {919} 732-3883: • Ftix (919) 732-667b www.summit-engineercom Teleplane:(336) 599-3,900 • Fax (3361 599-722b
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in areas of coiierete: testing;. asphalt pavement placerrient, soil density, ABC sampling, borrow ,pit
sampling, OSHA safety; radiological safety and gauge use,.and erosion control unplementatiions.
PROPt3SED PROJECT PERSONNEL
Surnmitvrill assignMr. Don.Dewey, a Professional Engineer with over 19'years of relevant experience;to
serve as the:project manager.for this project. He will coordinate all testing activities mcluding,'providing;
specific :instructions to :Summit personnel, reviewing all.. >field: reports 'for accuracy and completeness;.
resolving any gnestioris;or probl"ems as they develop, and preparing; umrna=y eports of obsevation and.
testing;activities at regular intervals:.
$uminit will assign an engineering: technician. who. has extensive experience With this type of building.
eonstrucfioni. The technician: assigned to the project;becones akey project team. player and should be able
to make. expedient and` appropriate:recommendations"that. could. otherwise, holdup construction activities.
Summit Consulting Engineers will; provide the: specified constriction materials testing from our
:local office located in Hillsborough,,North Carolina.
SCtJPE OF SERVICES
,Based upon our experience on similar projects, the services :Summit expects to provide;would include but
not be: limited to the following; work elements: sitework, foundations; cast=in: place concrete, reinforcing
-.
steeland paving, (Jur primary objective is to verify that the work is performed and installed iri:accordarice
with theproject documents;
The services :Summit expects to provde;would include but not necessarily be limited to the following:
SoilslEarthwork;
1. Observation.. of proofrolling activities prior`to:fill placement and providing;recommendations
for unstable or unsuitable soils, if encountered..
2. Observation and density testing during soil/stone fill placement.
3: Obtaining soil and tone samples for laboratorytesting including soil classification; Atterberg
limits, gradation and standard proctor .determinations::
4. Verifying placement and performing; density testing of foundation. wall: and retaining wall
backfilling. activities;
Foundations
1. Ob$ervation, verification anti testing' of bearing capacity- of all,, foundations and providing
recommendations where unsuitable bearing conditions exist; if encountered..
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2: Provide: observation and testing: of concrete: during., all. foundation:.placements, :including..
slump, air content, unit. weight, texnpeiature and fabrication of; compressive. strength.
cylinders:
3: As-:requested, verify the :s. ize, location and placement of.reinforcing; steel. within foundations.
4: Quantify rock removed from the foundations and verify quantities with on-site personne :
Concretes
l . Provide: sampling;, testing:; and observation of concrete placements; including. slump, :air
content, unit weight, temperature and fabrication of cotnpressiye.strength specimens::
2: As' requested, verify thersize, locafion;and placement` of reinforcing teel::
Asphalt:
l ..Performing eampaction te5fmg of.aggregate;`stone base::and s.,ubsequent observation.and testing.
s~f thickness; temperature and density -roy cores and.:nuclear gauge methods). during asphalt
paving .activities:..
COST`.UF .SERVICES
`The observation and testingaervices required:for this project will beproYded:on an, as-requested basis, as..
cheduled. by Qrange County' or your designated representative. Please ;note, the cost;' of our ervices is
~..,
directly related to the project: seheiule: and. t}ie number of visits inane to. ;the project for' testing: and
observation services: We liave:no control Doer the project; schedule and:are on; site only when requested.
The project will be:invoiced on a time and;inateriaLs basis; for actual work performed; in accordance with
the attached.:unit-:rate schedule..
CUur office in Hillsb~rough::is;aocated: approximately 8 miles from the project site. This local presence:
allows :us timely response with on-site consultation and can. result in substantial :savings both in travel.
time and mileage charge"s;; Our close proxipnt}r also gives us :the ability to quickly.react to:last minute
,.
scheduling that occurs ,from time to time on 'e, onstruction projects.
Based: on our experience. with projects: of similar scope, Summit's estimated -cost for ,construction
materials.festng and observationservices,is $9,OOQ.00':
SLT1YI11ZARY COMMENT'S
The philosophy of Summit Consulting Engineers is to. maintain, a High :standard of quality in. e
performance of our engineering; testing' and inspection functions. We :consider our company to be: a
service.; organization and our success: depends: on timely .and appropriate response to the concerns. of our
clients:. This is ':accomplished by experienced ,persoriiiel, thorough trazung; properly maintained and
calibrated. equipnient and diverse facilities: We believe the difference in our services .can be found in'the
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quality and, commitment of the supervisory. support staff and f eld personnel.1V1any of Summit's clients
are .repeat customers due to .this difference. The personnel we have proposed for this project wall. be
ualuable members of .tle construction team bji' their proven performance not. only with the quality in
which they perform (heir spectfi'ed. duties but; also with dispute resolution and prbbleip, solving.;
Summit recognizes. that Phis, .like all projects;; is an: important: one, and we :feel that the quality o : e:
.observation and testing. services provided. will have a gteat, impact on the success of ttie project. Siztximit
:has. extensive experience with this type ofproject and is capable of providing'higli:quality observation and.
testing services. We hope this proposal has given an indication of our qualifications; experience;, and
abilities.
Siimtilt welcomes the:chance to work on a project where quality of se'uice is a major:consideration: You:
are: invited to visit our office and laboratory:facilities aY;your conveiuence, so that: we can demonstrate the.
quality of our .operation. Please call'ta schedule; a tour or if you :require any additional information `io.
assist in your decision regarding our proposal:
Summit,:Cbnsulting Engineers; appreciates the opportunity to offer itsaervices to you and loons forward to
working with you. .
:Respectfully Submitted,.
S ' CONSULTING ENGINEERS; PLLC
~: {
Don Dewey, P:.E: /2~`-'
Geotecluucal Services Ivlanager.
DD/sm
Enclosures: Schedule of `Standard Rates.
,.
Standard Contract
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Client Name; Qrange County'
.Address P.O. Box 8.181
Hillsborough, NC 2727$
Contact lyMr. Jeff Thompson
Phone 644=3;361
IDescrption of Work
Standard ContractFor Professional Services
Psgject Number P'-014-07
Project I;ocatiori Proposed Orange County Solid
Waste Operations Center
Chapel Hill, NC
Eax 644-3001:
Construction Materials. Testing,and Observation,Service§ far t>1e above:shown Location
Fee Schedule
Fixed'. Fee=Amount
We wi11 perform. the services noted in accordance with the Schedule of Standard Rates attached.
Estimated Fee $9,000'
Conditions of Payment
..Retainer=Amount, Waived
^ 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 invalid for 3U days from:the date it is signed by Summit.
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TERMS ANI1 CUNDITIONS
accordance with the; Contract, Documems., $urnnut shall not be required. to make
AR77CLE1' GLtENT'S RESPUNS/BIL[17E5 continuous or exhaustive:'inspeetions to check the quantity and quality of the World
A) Client's Representative: The Client. shall appoint. a n3tresentative -nor shalt Summit be responsible fbr the Contractor's failure to perform the Work in
authorized to act onahe Client's behalf with respect to the Project The Client or
its"'representative shall moire decisions tiro timelymanner iegarding'all aspects of accordance with the.Contract Documents.
~,). Rejection of Work:: Summit shall have the authority to reject'arry work of the.
'the Project, shall examine documents submitted by Summit. Consulting Engineers contractors tliat'is not,. in Summit's professional judgment,. in accordance with. the,
(hereinatiei• refeired to as"Summit) and;.render decisions in a timely" manner to
' Gonsuvction Doeumenis. Neither this authority nor the good faith judgment to reject"
s
avord unreasonabie.aelay in'fhe orderly and, sequential progress of Summit
or not:re~ect anysuch work shall subject Summit to any ability or cause of action on
services and,the P„iv~ect schaiiite accepted by Client. behalf of the contractors; subcontractors or any other suppliers or persons performing.
Client's Program and Budget Requirements: Client shall provide Summit
8). portions of the work on tfie:Project.
.
full information in a timely manner regarding all its requirements for the Project. 3) Work Stte Safety: Client agrees that Summit shalt not supervise or direct, ar have
iricludrog its objectives, :schedule; 'criteria; constraints: -and budget including. ~Y :responsibility for; control over or charge of„ the Contractors' work or the
reasonableconttngencies.
" methods, techniques; sequences:or rocedures; or far the work
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cansfrucLan means
,
C) Right of Entry: Client. shalt provide right of entry for Summit, its staff, ,
srte:safety precautrons.or programs in connection with the Work. These rights and
and.:all necessary equipment to complete the Work :Summit: will
subconsultants ansrbrhUes are solely those of the: party or parties perforating the actual
,
take neasonatile precautions to minirnrze damage'to property. Client understands ~P
afthe Project. Neither the professional activities of Snmmit,.nar the
canswetron
that in tlie'normal..course;of work some damage may occur, the correction of .
presence of Summit personnel and subconsultants at the construction site, shall relieve
whtch is riot part of this Agreement.
D) Required lnformationc Client will fiunish .Summit all infomration; the Contractors and any other entity of their obligations, duties and responsibilities
brit not limited to, construction means, methods, sequence, techniques or
rncluding
sequrn:ttieuts, data> repoits, surveys and instructions required to complete the ,
s necessary for performing, superintending or coordinating"all portions of
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5coge,of Semces,,including identifying the type and location of underground e
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the Work safely and in accordaitcc with any health. or safety: requirements of any
:improvements and, utilities; and all, existing conditions: Summit .shat! have the regujatbry agency. The Glicnt agrees that the Client, Summit and its subconsuttants.
right to. rely upon the completeness and accuracy of such infottnation. Client shatl;be indemnified by the Contractors and shall be made additional insureds under
acknowledg"es thatcettairi assumptions will be made regarding existing conditions ,
the Contractors ;general; umbrella and excess liability insurance policies.
that cannot be verified withoutdestruction or damage to existing facilities. To the 4).Submittats and Shop:Drawings: if the Scope'of Services includes the rcvieW of
fupest;.exterit permitted bylaw, Client,agrees to waive:all claims against, and to and shop flrawings; then Sumririt will review'such submittals.
Contractor submittals
hold. hamiless and. indemnify, Summit and its subconsuttants, for damages'to
'underground improvements. and utilities and: for any casts associated with ;
and :shop drawings for the. limited, purpose,:of checking for conformance with. the:
r?essed and the information provided.. in the Constmctios
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uridrsclosed existing conditions. p
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Documents.:This review shall notinclude,review of the accuracy or completeness of.
E) Invoices: 5i;mmrt will tender invoices every thirty days. Payment is due":"
upon.presentanon. of invoice and is'past due thirty (34) days from.invoice date. ;details, such as .quantities, dimensrons weights or-.gauges, fabrication. processes,.
coordination of the work: with -other trades: or
construction means ar. methods,
Client; agrees Yo-pay a service charge of one and one half percent (1%%)'per .
construction safety precautions, all of which are the responsibility of the Contractors.
the;maximum rate allowed by law, on past due accounts. Payment of
month,. or The:revrew shall be conducted With reasonable promptness while allowing sufficient
.
:invoices shall-not be subject_to any discounts, set-offs, ar backcttarges by:Client:
"
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tpne>n Summit's judgment to permit adequate review. Review of a s cific item
unless agreed to" in writing by Summit: Client shall pay all costs, expenses; and shall notindcate that Su??mit has reviewed the entire assembly of which the item is a,
distn'butions, melnding collection agency fees:" and expenses, court costs ,and.; Summit shall not be responsible for arty deviations from the Contract
component.
reasonable attorneys' fees incurred by Summit; in the event collection ar legal .
Documents notbroughCto its attention in writing by the Contractor. Summit shall not
processes are employed to,collect outstanding bills.. be required to review partial submissions oriltose;for which submissions of correlated
Sales"Tax Client will pay any applicable sates tax;whenever deemed to be
items have not becn.received.
due Payment tetras are exclusive of Sales taz:
5) Requests: for Clarification' or Interpretations Summit shall provide; with
ArrticE'II• StlbiMr'I''S`RESPOiVSIBtLrt7ES reasonable promptness,. "written responses to requests from Contractors for
if
Standard of Care: Sntnmrt shall' perform the services called for by this
A) clarifcadon;and interpretation of'the requirements of the Contract Documents.
'
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Agreement;with the.level of care andsbll aniinarity exerr:ised by members of the s
such ":requests for information, clarification or interpretatiyn rue, in Summit
same professions: cutrengy" practicing under, similar conditions:: No other. professional opinion; for information readily apparent firm reasonable observation of
warranty; expres9ed: on implied, is "made. Client acknowledges ,that increased: field conditions or a review of the Contract Documents,: or'reasonably inferable
costs and. changes may tie required due" to Omission, ambiguities and. there'am, Summit shall be entittek to additlona! compensation at its regular billing
ncons'tstencres in the drawings and, specrfcations. Client agrees to set aside a ratesfor its:time spent responding to such requests.
contingency of at least 3°l0 of the Project consiiirction cost to pay for these costs 6):Record. Documents::If.required by the:5cope of9ervices, upon completion of the
and changes. Client further agrees it will rnalcc,no claims against Summit forany; Work; Suinmitslrall compile for and deliver to the Chem a reproducibleset of Record
such costs`and clian'ges covered by suctr contingency fund. Documentis conforming fo the marked-up prints, drawings and other data furnished tp
B) Conghance with Laws„ Codes and Standards:, Consistent with the Summit by the, Contractor. This set of Record 'Documents. wilt show significant.
professional standard. of care,. Summit will comply with laws, cages; and changes made; during;consttuction. Because these Record Documents are based on
standards applicable; to the Project design .as of the effective date of this unverified infamration provided by other parties.. that Summit will assume to be
Agreement or the,issuance of the construction. plans and.specifications, whichever reliable Summit cannotand does not warrant their. aceumcy.
is later:. E) insurance: Summit shall maintain worker's compensation insurance required by
Summit shall sign,. if requested by Ghent,.a statement that to
C) CertificaUansr law: Summit;represents and warrants that it maintains general liability. and property
'
.
the taest of its knowledge, information and belief, based in whole or in part on provided to Client. upon
damage insurance. Certificates for such, policies shall be
;information provided by others, the accuracy of which has not-been verified, that written requesti Client shall maintain at its own cost and expense;-.its own general
the Project has been completed in general conformance with the plans and .liability and property damage insurance. Client;aad summit waive all rights against,
specifications. Summitshal! not be required to sign any documens, no ,matter by each other and Summit's subconsultants, agents and employees. for damages -caused.
whom requested, in which:Sumrnit is required :to certify, guarantee: or warrant the 'b~, any p~ to the extent covered by the property insurance maintained by Client,
of conditions the:existerice of which.SUrmnit has not or camtot ascertain.
existence ".kept to tlte; extent such proceeds are hold by Client as tnrstee. Tlus waiver of
.
Phase Services:. If construction phase services are required in
Construction"
D) subiogatian:shall be efi'ective as to a person or entity even though that person or entity
,
,
the Scope of Services, the following teiirts shall apply: would otherwise have a duty of indemnification, contractual or otherwise; did not, pay
1) site Observntion: If site observation, visits.. are to be provided by Summit;. the"insurarrce'prenribm directly or>sindirectly; and whether or not the person or entity
.summit shall visit the site at intervals appropriate to the stage of the construction, ~d ~ insurable interest in the property damaged:
or as,oth"eiwise expressly agreed to in the Scope of Services, in order to observe:
S
h prude I!L• GeneraTLeEsI Provisions
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,
the progress and..quality of the work completed by the contractor. A) Ownership of Documents: Drawings, specifications; and all other documents
:observation is not meant to be an exhaustive check or a detailed inspection of the:
but rather to allow Summit to become geriecaliy famitiar'with
"contractor's work prep by :Summit or its subconsultants, including those in electronic form
Summit shall retain all
ts") are instruments ofservice
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the progress . of. the Work and to determine in general if the work is being .
ocumen
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and othei reserved rights; including copyright thereto. The
ooinmon "law; statutory
perforrited in:a.manner indicating thaf, when,"fully completed, the-work will be in ,
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)esrgn Dociunents;:including-those in electronic form are furnished for use sglely
vith respect to this AgreemeriG Client is permitted to retain copies of the Design.
)ocument5, including those in. electronic form,:for information and reference ;in
onnection with the }?rajecl. Client shalt not use the Design Documents; including-
hose in electronic: form ,furnished ,by Summit or its subconsultants on other
irojects, for additions to this Project; or for the completion of this Project by
ithetS, :without the express' written consent of Summit. Any reuse. without written
onsenishall be at Client's risk and full legal responsibility, Clierit,agrees to;hoid
iarmless and indemnify Summit and its. subconsultants from any.and all claims,.
nits, demands, damages, liabilities, and costs,_including: reasonable'attomeycfew;.
rising fiam such reuse:
tj Retention of Documents: Summit will retain; pursuant to its asual document
etention polrcy, records relating to the Work for a period of three (3) years.
otlowing completion of the Work. During this period,, records will be .made
t!ailable to. the Client of Summit's-offices-during.normalbusiness hours upon
even {7j day's notice:
:j .Asbestos and HazardousMateriais: Unless othetwisespecifieally provided.
a the Scope of Services, Summit- and its ;subetinsultartts shall have no
esponsibility for the discovery„presence, handling, removal, or disposal- of
sbestos.or hazardous or toxic materials:
).) Term-netion and Suspension: This Agreement maybe terminated by either
!~Y upon.seven (7) lays.written notice in the event of substantial failure by the
thcr patty to perfomr in accordance with the tem>s hereof. Such :temiinadon
Hall noC be effective if the substantial failure is remedied before expiration of the
even {7): days Client's failure to pay invoices within ;thirty{30) days shall be
eemed :a substantial failure to; perform. In such event; Summit may tcrtninate
tis Agreemeut:or immediately suspend. the performance. of services until such
allure has' been cured. The Client may terminate this Agreement for its.
onvenience upon fou#een (24j-.days written notice. hr the .event of a termination:
~r convenience, Client will paySummit for services performed to the;termination
ffective date plus reasonable termination expenses within. ten {Ifl) calendardays
f receipt of a.final invoice:
a the eventthe project; or any phase of it is delayed for reasons beyond.SummCs
ontrol, untiilted work will be invoiced at the standard .hourly rates for the,actual
urnbcr of hours expended.. Completed phases will be billed at'feesquoted
erein.
;). 'Disputes:, ht' an effort to resolve any. conflicts at arise during. the design or
onstnrction of the Project or after completion of,the Project, all claims, disputes;
rother triattets in question between the parties to this Agreement thatarise out of
r:retate to this; Agreement or the breach thereof shall be submittedto nonbinding
radiation before a neutral third-pazty mediator acceptable to both parties..Such
Mediation shall be a condition pi;ecedent to thc.commencement of any legal action
rising out of this Agreement except-those legal proceedings related to Client's
iilure to pay:
.The mediatian; shall be ..conducted in accordance with the Constrncdon
rdustry Mediation Rules of the American Arbitration Association-curr?ently.in
fFect unless: the parties: agree otherr47se. The.:cost of the mediator shall be borne
lually by the,parties. A demand .for mediation shall be made within a reasonable
me afterihe claim, dispute or other matter has arisen. In no event shall such
errand be made after the date applicable statutes of limitation or repose would
ar c legal orequitable action based on such claim, dispute or other matter..
In the event of litigation relating to the sufTiciency or adequacy- of
`rformance of services called for by this: Agreement, should Summit obtain a
idgment dismissing Client's action or claim or other resolution wherein Summit
notrequir+ed 20 make compensation to Client in excess of its final offer made to.
lient in the mediatioq Summif shall be entitled to recover all costs incurred irr
ie;defense of the claiin'including stafY'time, corirt costs, expert witness fees, acid
asonable attorneys' fees, ana other claim related expenses,
Fj: Choice of ,LawNenue: This Agreement shall`be governed by the;laws of the state:
in:which ttie!:$ummit office identified below, is located, without regard to its .law of
conflict of.)aws.,Any-legal action orproceeding shall be venue8 in the State or Federal
Court nearesi:the municipality in which $ummiCS office is located.
G) :Statate of Limitations/Repose: Causes of action pertaining to this Agreement
shall be deemed to have accrued and the applicable; statutes of limitation and repose::
shall eommenee to tun at the earlier of either the date of Substantial Completion_of the:
Project or the date Summit's services:are substantially complete.
kn AssIgns: NerUiei;the client nor Summit may-delegate,. assign, 6r transfer his
duties or rateirsf in this Agreement without consent of the other party, except Summit .
may in its discretion.utiiize qualified subconsuItants in the perfgrtnance of the Scope
of Sernces:
I),Force Majeure:.Neither party to this Agreement shall be liable.toahe other'for
delays in pedornung'the obligations called for by this Agreement, or the direct and
indirect.costs resulting! from such decays, that are caused by tabor strikes, riots; war;
acts of:government authorities, extraordinary weather conditions or other natural
catastrophe,, or any other cause beyond the reasonable control qr contemplation of
either party;.
Jj No Third-Party': Beneficiaries: Nothing: in this Agreement shalt create a
..contractual relationship with or give any right or benefit to any`third patty.
1~ ;Severability, Reformation and Survival: If.any provision m this.Agneements
held; invahd, iilggal,. or unenl'oreeable; tlic enToreeability of the remaining.prnvisions
shall not be;impaired;thereby. The invalid, illegal or urienforaea6le provision shall be
replaced by a: mutually acceptable. provision; which, being valid, legs! and
euforeeabte, comes clo"sect to the parties' intention underljring the invalid, illegal or
unenforceable provision. Limitations of liability,. indemnities, and ,other express
representations,shall sun+ive termination :of this Agreement for any cause.
L) Risk Allocation/Limitation of Liability; Client and Summit have discussed the
rsks,.rewards and the benefit of the project and Summit's otal fee fdr services. 'The
.risks have been allocated such that the Client agrees that to the,fullest extent permitted
6y- law; Stimmrt's total hatiility to Client and construction contractors, and
subcontractors for any and all ;injuries, claims,..losses, expenses, damages or claims
expenses, arising out of this Agreement-from any cause or causes; is limited to and
shall:not exceed SummiYS fee or $250,fl00 whichever is smaller; Srich causes include
but are riot .'limited to design. professional's negligence, negligent misrepresentation,,
erroYS,. omissions, strict liability and bleach of contract. Higher limits of Uabilty-.are
•available for,a,negotiated fee,,
1VIj Indemnification: To the fullest extent permitted by law, .Client agrees- to'
indemnify and hold harmless Summit, its officers; directors, employees; agents, and
subconsultants .from all claims,. damages, `injuries,, liabilities; costs .and expenses,
tncluding reasonable attorneys fees arising- from or claimed to arise Elam the acts,
omissions, negligence,.fault, breach of contract,'breach of warranty, oratria liability
of Client or its employees, agents, contiaators and subeontiactots.
~. Consequential Damages: Notwithstanding any other provision of this Agreement.
.and to`the Tallest extenfpemritted bylaw, neither Client.norSunnnitshaU be.liable-for
any consequential damages incurred due: to: the fault of the, other party regariiless of
the :nature: of the fault or whether it was conunitted by Client,. Summit; :their
employees, agents, subconsultants or subcontractors: Consequential damages include;
buYare not limited to; loss of use and aossof profit
Oj Complete Agreement: This Agreerent consttutesihe entire agreement between.
the parties hereto and: supersedes: all .previous understandings and agreements with
respect ;.to the Ptajeet or, any of the provisions 'hereof. No statement, promise,.
condition, understanding,: inducement, or representation, oral or written,, expressed or
implied; which is not contained herein shall be binding or valid and this Agreement
snail riot be changed, modified or altered in :any marurer except by an nstnrment in
writing execgted by the parties hereto.
Byslgning this Agreement, you are rnnsenting to the Terms and r....~+itions set forth herein., Please retain a copy,for yourself and return a signed original to Summit
Clienf
{Signature)
.(Print Name).
Summit Consulting Engineers, PLLC
Address 1000 Corporate Drive, Suite 101
City StaEe Hil , boron h NC 27278`
By
{Signature)'
-:Don Dewey; PE
(Print).
:Date:
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