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HomeMy WebLinkAboutAgenda - 08-21-2007-4sORANGE 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, PLLC .lulu 18. 2007 Mr. Jeffi•e_y Thompson Orange County Purchasing Department PU Boy 8181 ~ y Hillsborou~~h NC 27278 GEOTECNNICAL • PLANNING • ENGINEERING • SURVEYING • CONSTRUCTION MANAGEMENT Reference: Proposal for Construction Materials Testing and observation Services Northern Park ,Orange County, North Carolina Dear .left: In 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 youu 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 with the attached Schedule of Standard Rates that are incorporated into this proposal. Summit's fee would be determined by the actual amount of technical time expended for the project and the amount of laboratory testing performed. 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.+tork on the basis of verbal authorization; l.iowever, 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. Suanmit appreciates the opportunity to offer its services to you and )ooks forward to working with you. Respectfully Submitted, SUMMIT CONSULTING ENGINEERS, PLLC Don Dewev. PG Geoteehnical Services Manager L:'GeotechnicallProposal/Orange County - CVIT. Northern Park.doc 1000 Corporate Drive Suite 101 Hillsborough, NC 27278 314-A North Madison Boulevard -Roxboro, NC 27573 Telephone (919} 732-3863 fax (919) 732-6676 www.summit-engineercom Telephone (336) 599-3900 Fax (336) 599-7226 3 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. Laboratory Soil: 8. Natural Moisture Content Determination (ASTM D 2216) 9. Engineering Classification (ASTM D 2488) 10. Wash #200 Sieve Analysis (ASTM D 1140) 11. Grain Size Analysis with Wash #200 Sieve 12. Atterberg Limits Test: Liquid Limit, Plastic Limit, Plasticity Index (ASTM D 4318) 13. Moisture Density Relationship of Soils a. Standard Proctor (ASTM D698) b. Modified Proctor (ASTM D1557) $ 4.00 ea. $ 2.00 ea. $ 45.00 ea. $ 55.00 ea. $ 55.00 ea. $120.00 ea. $140.00 ea. Schedule of Standard Rates Field and Laboratory Testing Services Page 1 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 $250.00/day Pricing for Additional Tests can be quoted upon request. NOTES: 1. Unit prices are in effect for 12 months from date of proposal. 2. All rates are billed on a portal to portal basis. 3. Scheduling of field testing and observation services is required no less than the working day prior to the date the services are to be performed. 4. Services cancelled without advance notice will be assessed a minimum 2 hour charge. 5. A minimum charge of 2 hours applies to field testing and observation services. 6. For construction materials testing and observation services, an engineering review charge to schedule and supervise personnel and evaluate and review reports will be billed at a minimum of 0.5 hour per report issued. Concrete compression testing will be charged 0.2 hour of review time for a set of cylinders. Schedule of Standard Rates Field and Laboratory Testing Services Page 2 of 2 SUMMIT Consulting Engineers Client \Tame Orange County Purchasing Department Address PO Box 8181 Hillsborough NC 27?78 Contact Pain .cones Phone 2=1a-?6~i0 Description of Work Fax Provide a Construction Materials Testing and Observation Services for the above referenced project as described in our Letter Proposal dated July 18, ?007, addressed to Jeffrey Thompson. Orange County. Fee Schedule ^ Fixed Fee-Atnount ® We will perfornz the seitirices noted in accordance with the Schedule of Standard Rates attached. ^ Direc't Expenses and/or outside services, i.e. copies, postage, courier service, etc. will be billed at 1.1 times our direct cost. ® Estimated Fee x$,000.00 Conditions of Fayment ^ Retainer-Amount tiranled ^ 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 days from the date it is signed by Summit. S Standard Contract For Professional Services Project Number Project Location Northern Park Orange County ~- ~r~ La GeutechnicaUContracts/Orange Cuunh~ Purchasing Dept - Phase t ESA Justice Facilih•, Hilisborough.doe (I of 3) TERMS AND. CONDITIONS AR77CLE1: C:LIE\T'SRESt'O\:SIBII.1TIt:S A) C.'IienCs Rcpresentativr. The Client shall appoint a represcntativc authorized to act on the Clien's behalf +with respect to the Project. 'the Client or its rcpresenraivt shall make decisions in a timrh• manner regarding all aspects r,f the Vroject, shall examine documents submitted hw Sununu C'unsulting I:ngincers thereinaficr relcrrtd to as Summit) and render decisions in a tin,cly manner to avoid unreasonable delay in the orderly and scyuemial progress i,i' Summit's scn•icts and the Project schedulc,acetpted by Client. [3) Client's Pntgram and 13udat•t Requirements: Client shall provide Summit lidl inli,nnutiun in a timck manner regarding all iti rcquircntcnts li,r the I'rojtct nxluding its objective;. schedule. criteria. constraints and budget ineludn,g reasonable cuntingeniics. C) Right of Entry: Client shall provide right of curry for Summit. its s[al'f. subconsultants, and all nectssan equipment ut complete the \\'ork Summit +yill take reasonable precautions to minimi-re danmw__e to propcn}: Client undt:rsnmds that in the normal rnursc of .work some damage mar occur. the correction irl ++hich is not part ol'this :\ercemcnt. - - D) Required Information: Client ++•ill furnish Summit all information. requirements. data. reports. sun•tys and instructions required to complete the Scope of Sen•ices. including, identih•ing the type and location of urtdtrgrinmd impntvements and utilities, m,ct all existing conditions. Summit shall have the right U, rch' upon the completeness :u,d accuracy of such inforn,ation. Client ackno+vledges that certain assumptions +will he made regarding existing conditions that cannot ht wcrilicd +vithout destruction or damage to existing facilities. To the fullest extent permitted by la++•. C'lirnt agrees m +vaict all claims against, and to hold harmless and indemnify. Summit and its suhconsulufnts, for damages u, undervnxmd improvements and utilities and Ibr any costs associated with undisclosed txi;ting conditions. 1:1 Invoices: Summit +vill render imoices every Ulln\' days, Paymcnl is due upon presentation isf invoice and is past due thing tiQ) day's from invoice date. Client agrees to pay a service charge of one and one half ptrtem tl~-~^.~I per month, or the n,asimum rate allowed by la+v. on past due accounts. Payment of invoices shall not he subject to any discounts. set-otl's, or hackcharges by Client unless agreed to in +vriting by Summit. Client shall pay all costs: expenses. and distributions. including collection agency fees and expenses. coon costs and reasonable attorneys' fees incurred by Sununu. in the event collection ur legal processes are employed to collect outstanding bills. F) Sales "1'ax: Clicnl will pay any applicable sales tax whenever decnicd to be due. I'avment toms are exclusive of sales lax. ARTICLE I1: St111111T'S RE$POVSLB1Lt9'tE$ A) Standard of Care: Summit shall perforn, the services called ti+r by this Agreement with the level of care and skill ordinarih• exercised by members of the same professions currently practicing under similar conditions. No other warranty, expressed or implied, is made. Client ackno.+•led~cs that increased costs and changes may be required due to omission. ambiguities and inconsistencies in the drawings and specifications. Client agrees )o set aside a contingency oi' at least 3°•~ of the Project constnution cost to pay I'or these costs and chances. Client Punher agrees it w•ilI make rio claims against Summit. foe ar,y such costs and changes covered b}' such contingency fund. B) Compliance with Laws. Codes and Standards: Cmsistent +vith the professional standard of care. Stm,mit N•ill t:on,ply ++•ie, laws. codes. and standards applicable to the Project design as of the effective date of this Agreement or the issuance of the construction plats and specifications, whichever is later. C:) Certifications: Summit shall sign. if requested by C'IicnL a statcn,tnt that to the hest of its knowledge. information and belief: based in whole or in part on inforniation provided by others. the accuracy o1'++'hich has not keen verified. that the Project has been completed in general conformance with the plans and specifications. Summit shall not be required to sign amp documents. no rnauer by whom requested, in +chich Summit is required to certify, guarantee or +varrant the existence of conditions the existence of which Summit has not or cannot ascertain. D) Construction Phase Srrwiccs: If cnnstntction phase services ;uc required in the Scope of Sl'n'1ct5, the li,llin+•ing terms shall apply: 1) Site Obsen•ation: If site obstn~atirn, visits are to be provided by Summit. Summit shall visit the site m intenads appropriate to the stage ul'tht construction. nr as othen+ist expressly a~~,reed to in the Scope of Scn~icts. in order u, obsen'e the progress and quality of the +vork completed by the contractor. Such nhsen•ation is not n,cant to be an exhaustive check or a detailed inspection of the contractor's work but rather to allow Summit to heatme generally fmniliar with the progress of the \4rork and to determine in general~if d,e work is being perfomted in a manner indicating that. +rhtn fatly completed. the wink will he in accordance +vith the Contract Uocumtnts. Summit shall not he required to make continuous or exhaustive inspections to check the quantity and quality of the \Mork nor shall Summit he responsible for the Contractor': lailurc to perform the \t'nrk in accordance +vith the Contract Documents. 3) Rejection of \1'ork: Summit shall have the authority to reject any +work of the cimtracB,rs that is not. in Summit'; pn,lcssinnal judgn,tnt, in accordance ++ith the Constnrction L)ocun,cnu. \'eithtr this authorin ni,r the good titith,jutl•!ment to reject nr not reject any such +curk shall subject Summit m an+ IIah1I111' r+r C:WtiC Ui aelli,n On behalf o! the contractors. suhci,ntracu,n or any ether suppliers ur ptrons perlimnim~ ponions itf the work on the Pntject 3) \1'ork Sih• 5afeh: Client a!!rocs that Summit shall not ;open ise. nr direct. nr have arse responsibility Ibr. control over or clmrgr ol: the Comracturs' work or the construction n,etnts. nttthnds. techniques, sequences i,r procedures. or Inr the +~•urk site safety precautions or programs in connection +yith the \\'ork 'I"hose rights and responsibilities arc. solely those of the party or parties pcrti,nning the acutal construction of the. Priiject. Neither the prOfeSSIOflaI actiwitits of Summit. nor the presence of Sununu personnel and subconsuhants at the construction site. shall relieve the Contractors and any other entity of their obligations. duties and rtsptmsihilities including. but not limited to. construction means methods. sequence. techniques ar procedures necessary fi)r pcrti,rming. superintending or coordinating all portions of the \\-ork safel} and in accordance with any health or safety requirenitnts of any rogulatory agency. 'Iht Client agrees that the Client. Summit and its suhcunsultanLs shall ht indemnilitd by the Contractors and shall he male additional insureds under the Contractors general. umbrella and excess liability insurance policies. 1) Submittals and Shop Drawings: If the Scope of Services inclur~rs the review of Contractor submittals and shop drawings.. then Summit will review such submittals and shop dra++'ings fire the limited purpose of checking for conl'c.,rmance ++•ith the design utnccpt expressed and the. information prayided in the Construction Documents. 'I'bis revie+v shall oat include review of the accuracy or con,plelentss of details, such us gUantltlCX. dllntn5iOn5. +ceighls or games. iirbrirnian processes. construction n,tans or methods. a>urdination of the work with iflher trades or construction safety precautions. all ul' which are the responsibility of the Contracu,rs. "I'ht revie+e shall be conducted with reasonahlt promptness +ahile allowing sufficient time in Summit's ,judgment to permit adequate rcvie+v. Revieo~ of a specific item shall not indicate that Summit has reviewed the entire asstmbl, of which the item is a component. Summit shall not be responsible tier any deviations liom the Contract Documents not brought to its attention in +writing b~' the Contractor. Summit shall not he required to review partial submissions or those for which submissions o1'correlated items have not been received. 5) Requests for Clarification or Intcrprctatiori: Summit shall provide, +vith reasonable promptness. +vritttn responses tv requests from Contractors for clarification and interpretation of the requirements of q,c Contract Documents. IF such requests 1'nr inl'orn,ation. clarifcation or interpretation are. in Smnmit's professional opinion. for inlitrmation readily apparent Irom reasonable observation ni' field conditions or a rtvie+e of the C'antract Documents. or reasonably inl'erahlt therefrom. Smnmit shall he entitled to additional compensation at its regular billing rates for its time spent responding to such requests. 6) Record Documents: tf required by the Scope of Services. upon completion of the Work, Summit shall compile fnr and deliver to the Client a reproducible set oi' Record Documents confom,ing to the marked-up prints, drawings and other data furnished to Summit by the Contractor. l'l,is set of Record Incmnents will show signific:um changes made during cor>_ctruction. Because these Record Documents are based on unvtrilicd b, formation provided by other parties that Summit will assmne to bt reliable, Summit cannot and does not warrant their accuracy. E) Insurance: Summit shall maintain worker's compensation insurance required by law. Summit represents and +varrants that it maintains general liability and property dan,a~e insurance. Ccnilirues I'or such policies shall be provided to Client upon +aritten request. Client shall maintain at its o+vn cost grid expense. its o+vn general liability and property damage insurtu,ct. Client and Summit waive all rights against each other and Summit's subconsultants. agents and employees for damages caused by any peril to the extent covered by the proptm insurance maintained by' Client. except to the extent such pntt:eeds arc held by Client as trustee. 'Phis +vaiver oi' subrogation shall he tflective as to a person or entity even though that person or entity would otherwise have a dory ul' indtmnilicatiun, contractual or otherwise, did not pay the insurance premium directh ur indirectly. and ++'helher or not the person or tmit~ had rot insurable interest in the property damaged. Article 111: General Lc~+al I'rovisinns a1 Ownership of Docmnents: Drtwings. spcciticarions, and all other documents prepared by Summit or its subconsultants, including those in electronic form Icolhctively "Design Documents"I arc instruments ofsen•ice. Summit shall retain all common la+w. statuum and other reserved rights. including copyright thereto. The Design Di,cumcnts. includine those in electronic form art furnished ti,r use solely' with respect to this Agrten,em. C'licnt is pcnnined to retain copies of the Design 1..:/Gentechnical/Contracts/Orange Counh• 1'nrchasing Dept - f base 1 ESA Justice Facilih•. Ilillsbnrough.doc (2 of 3) I~acuments. including those in electronic farm. tar inlbrmation and reference in connection with the Project. C'lirnt shall not use the Design Documcnu. inctudin~ those in electronic farm furnished h} Sunnnit ar its subconsultants an other projects. lilt additirnl< to this Projec!" or tier the rompletian of this Project h} others. without the expre>s w•rittcn consent of Summit. An} reuse ++ithnut +vrittrn consent shall br m Clients risk and lull legal respunsibilit}. C'hent agrees m hold hannlcss and indcmnit+ Smm~lit attd its subconsultants frirm am and all clatms. suits. demand;. dam<r_r~.. hahilinrs, and ci~sts. includm~~ rcasemahlr attornr} fees. ar51D°_ Itillll >UCh rCUil• B) Ketention nl' Document.: Sunnnit +eill retain. pursuant to its usual dircuntcnt rctrntion pohcc. records relatng to the ~l'ork tier a period of three t ~ 1 year, ti~lle++•ing completion ul the ~'r'ark. During this period. record, will he made available to the C'lirnt at Summit's attires during nurm<d hu.inrss hours upon seven t7t dav~s rtoticr. C1 Asbestos and Hazardous Materials: Unless otherwise sprcilicall} provided in the Scrape of Scn ices. Summit and its subconsultants shall have no responsihilih fur the discover. presence. handling. removal. ar disposal of asbestos ar hazardous ire toxic materials. p) 'termination and `suspension: This Agreement may he terminated by either part}' upon seven t7) da}•s +vriuen notice in the event of substantial failure by the other pan to prribnn in accirrdance with the terms hereof. Such trrntination shall oat be effective it the substantial Cailure is renredied helim expiration of the sr+•cn (i) days. C'lient's Ihilure to pay. invoices ++~ithin shirt} l.'..0) da}s shall be deemed a substantial failure ur prrtiamt. In such event. Summit may unninatr this .Agreement or invnediateh suspend the prrlbrnlance of senices until such failure has been cured. The Client nlav terminate this Agrecntent fur its ulm~enience upon fourteen t I ~F) da}s written notice. fi the event of a termination Rtr com~enience. Clicnl +cill pa} Summit far sera secs pcrionned ul the termigatian cti'ectice date plus reasonable termination expenses within ten (101 calendar days of receipt of a final invoice. In the event the prrject. or any phase of it is delayed li>r reasons beyond Summit's c<lntrol. unbilled work will he invoiced at the standard hour!}' rates lily the actual number of hours expended. Completed phases will he billed at lees quoted herein. E) Disputes: In an effort to resah~e am conflicts Iha1 arise during the design or construction al'the Prgject or offer completion of the Project. all claims. disputes. ar other matters in question between the panics to this rlgrerntent that aiise out of ar relate G? this Agreement or the breach thereof shall he submitted to nonbinding mediation belbrc a neutral third-part}• mediator acceptable ur bath parties. Such mediation shall he a condition precedent to the commencement of any Irgal action arising out of this Agreement csccpt those legal proceedings related to Client's failure to pay. The mediation shall br conducted in ^ccordance with the Construction Industry Mediation Rules of the American Arbitration Assaciatinn currently in effect wlless the parties agree alhe,rwise. The cost of the mediator shall be borne equal!}' by the parties. A demand for mediation shall be made within a reasonable time alicr the claim, dispute or other matter has arisen. to no event shall such demand br made offer the date applicable statutes of limitation or repose would bar a legal or equitable action based on such claim. dispute or other matter. 6t the event of litigation relating to the sufficiency or adequacy of performance o1` services called Ibr by this Agreement, should Summit obtain a judgment dismissing Clients aetiat or claim or other resolution wherein Summit is not required to make compensation to Client in excess of its final offer made to Client in the mediation. Summit shall he entitled to recover all casts incurred in dtc defense ol'the claim including staff time, court costs, expert witness fees. and reasonable attorneys fees and other claim related expenses. F) Choice of t:aw•/~'enue: "f)tis Agreement shall he governed by the laws of the state in +vhich the Summit office identified below is located. without regard to its Ia++ of conflict of la++s. An} legal action or proceeding shall be vonued in the State or federal Court nearest the municipalin• in +vhich Summit's office is located. G) Statute of Limitations/Repose: Cause; of action prrtainin_~ u> this Agrcemrm shall he deemed to ha+r acenrt:d and the applicable stannes of limitation and repose shall a7nuncncr to run at Ihr earlier of either the dart al' Substantial Completiint of the I'mjcct or the dart Summa's sen•icr< are suhstmmiall+ complete. li) Assigns: Neither the i sent nor Summit ntay drlr;!ate. assicn. nr transfer hi: dunes ur mtrrest in this :~~~rccnlcnt +vithout cansrnt ol'thr other pan. r~crpt Summit mar in its discretion utilise qualified subconsultants ul the prrlirnnancr of the SCirpe of Scn ices. ll bocce Majeure: \either pan} u? this .-~~~rcrmcnt shall be liable to the rasher liar delays in perlilnning the uhligutions called lire M this Agreement. or the direct and indirect txlsts rsulting tirnn such delays. that arc caused h+ labor strikes. riots. ++ur. acts of savcmm~ent authorities. axtraordinan weather ,anditirms or other natural catastrophe. or an} other cause beyond the rcasonablc control ur contenlplalion of either pan}. .1) ~o !'bird-Part}• [3eneficiaries: Nirthine in this .-}~~rcemcnt shall create a contractual relationship with ar gi+•e any ri_ht or brnclit to :ulv third pan. K) Severability, Reformation and 4un•ival: If an~• pro+isian in this Agreement is held in+'alid. rllr~tat• or unenforcruhlc. the rnforceabilit}• of the rentainin, pro+i;iuns shall not be impaired thereby The invalid. ille_al or uncnlirrcrahle provision ;hall br replaced by a munrall+• acceptable provision. +vhich, hein~~ valid. Ir~al and rnlitrceahle. comes closest to the parties' intention underlying the invalid, illegal or unenforceable provision. Limitations nl' liability. indrmnitirs. and other express representatianssball sun ivr termination ol'this .Agreement file any cause. IJ Risk :Ulocation/Limitation of Liabilih•_ Client and Summit hove discussed the risks. rewards. and [hr benclit of the project and Summit's total fee lie sera ices. The risks have been allocated such that the C !sent agrees that to dlc tallest extent permitted h}• law'. Summit's total liuhilir} to C'Iient and construction contractors and suhcontraetilrs far an}• and all injuries. claims. losses. expenses. damages or claims exprnxs arising out of this .Agreement from any cause or causes. is limited to and shall oat exceed Summits fee ar SZ?C1,000 whichzver is smaller. Such causes include but are not limited to design prafcssimtal's negligence. negligent misrepresentation. errors. omissions, strict liabilir.• and breach of contract. !fisher limits of liability are available fir a negotiated fee. ~I) lndcmnification: "fo the fullest extent permitted by Ia+y. Client agrees to indemnify and hold harnlless Summit. its officers. directors. employees. agents. and subconsultants Pram all claims. damages. injuries, liabilities. casts and expenses. including rcasonablc attanle}•s fees arising Intro or claimed to arise lion the acts. omissions, negligence. fault. breach of contract. breach of +earranh~. nr strict liabilih of Client or its employees. agents. contrachlrs and subcomractors. ~) .Consequential Datitages: ?`ot+vithstanding any other provision ol'this :\grermcnt and to dle tallest extent permitted bylaw. neither Client our Summit shall he liable fi?r any consequential dmnages incurred dui: to the fault of the other party regardless of the nature of the I•ault or whether it +yas committed by Client. Summit. their employees. agents, subconsultants or subcontractors. Consequential damages inchtdr. but are oat limited to. loss of use and loss ofprolit. O} Complete .Agreement: This Agreement constitutes the entire a•_reenlent between the parties hereto and supersedes all previous undcrstandines and agreements with respect to the Project or any of [he provisions herenl: Na statement. promise. condition..undt:rstanding. inducement. or representation. oral ar written. expressed or implied, which is oat contained herein shall be binding or valid and this Agreement shall not be changed, modified or altered in any manner except by an instrument in writing executed by the panics hereto. fty signing this :~creement. you are consenting to the 'terms and Conditions set forth herein. Plrasc retain a copy for yourself and return a signed original k> Summit. Client Orange County. Summit Consulting Engineers, PLLC . Address 1000 Corporate Drive. Suite 101 City State Ni. borough C 27278 i3y By ~ )' l .(..Li r lSi~~naturr) Itirgnaturcj Don Dewey, PE (Print Name! (Print! Daie Date Jule 18.3007 L:/Ceotechnical/C:onn•acts/Orange Counq• Purchasing Dept - Phase t F.S:1 .lustice Facilit}'.1I)Ilsborough.doc (3 of 3)