HomeMy WebLinkAboutAgenda - 06-26-2007-4bbORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 26, 2007
Action Agenda
Item No. ~- -~~
SUBJECT: Contract Approval: Construction Materials Testing and Observation Services
for Justice Facilities Expansion Project
DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S):
Proposal
Contract
INFORMATION CONTACT:
Pam Jones (919) 245-2652
PURPOSE: To consider approving a contract with Summit Engineering, Hillsborough, North
Carolina to perform construction materials testing .and construction observation in conjunction
with the Justice Facilities Expansion Project.
BACKGROUND: Commencement of construction of the 40,000 square foot addition of the
New Courthouse is imminent. 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 of 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.
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 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 $12,000 and are included in the project budget.
2
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 Justice Facilities Expansion Project; and authorize the Manager to sign a contract to
effect the work.
3
.SUMMIT _
Consulting Engineers, PLLC _ GEOTECNNICAL • PLANNING • ENGINEERING • SURVEYING • CONSTRUCTION MANAGEMENT
iVtav ,1, 2007
1~1s. Pamela Jones. Director
Ch•an~~e C'i~unty Purchasing Department
PO 13ox S 18 I
Hillsborou~~h NC 27278
Reference: Revised Proposal for Construction Materials Testim7 and Obsen anon Services
Proposed Expansion to the Orange County .lustice Facility
Hillsborough. North Carolina
Dear Ms. Jones:
(n accordance with your request. Summit Consulting En~~ineers is pleased to submit this proposal to
provide construction materials tastin~~ and observation services during construction of the proposed
expansion to the Orange County Justice Facility in Hillsborough. North Carolina.
[NTROllUCT[ON
Slll111111t Co1lStlltlilg Ei1S;I11eeCS, PLLC is a consulting en`~ineerino firm, which specializes in <~eotechnica.l
engineering and construction materials testing and inspection services. Summit provides excellence in
professional services to a wide range of private clients and public agencies. We have credible experience
in the geotechnical and rnatcrials testing industry with an excellent. reputation with various state agencies
and municipalities.
Summit has a qualified team of professional eneineers and technicians available to exceed your
expectations for performance. We have extensive experience on similar prgjects, and we understand your
~zoals and objectives to ensure the standard of care, tier this project.
Summit operates under the ~uidance of our Qualit~° System ivtanual, +rhich addresses all requirements of
ASTM E 329 "Standard Practice for Use in Evaluation of "1'estin~~ and Inspection A~~encies as Used in
Construction:-and AASH'f0 RI8 "Esiablishin~~ and (nlplementina a Quality System for Construction
Materials "I'estin`~ Laboratories."' Our objective is to provide the qualit}~ of service- +vhich results from
implementing, the quality s}st.em described by the manual and required by the referenced standards.
1000 Corporate Drive Suite 101 Hillsborough, NC 27278 Page 1 of 7 314-A North Madison Boulevard Roxboro, NC 21573
Telephone (919} 732-3883 Fax (919} 732-6676 www.summit-engineercom Telephone (336} 599-3900 Fax (336} 599-7226
In an effort to maintain the highest quality control standards within our aimpany. our lahiTraforv,
equipment and peraonne) art inspected both by our internal (;)ualit~ Control Ciroup zutd external a~.!tncits
such as NCUC)~I': ~Ve hart rrctntl_v completed the process ol~ Navin<z uur soil and concrete lahoraton
inspected and certified by NCDO~f.
Vl-`e maintain a staff of certified engineering technicians that we believe are uniquely qualified tip perform
the soil and materials testing services (or this project. Currently, ~~t have over ~0 consu•uction
engineering and inspection persrnuTel ~tiorking on projects across the state. Our technicians are certified
in areas of concrete testin~x, asphalt pavement placement. soil density. ,~~I3C sampling. borro~+~ pit
sampling.!. OSHA safeh~. rad-iolo`~ieal safetx~ and~~au~re use. and trosicin control IITlplementatlOns.
PROPOSED PROJECT PERSONNEL
SumriTit will assign Nir. Don Dewey. a Professional Env~ineer with over 17 years of relevant experience to
serve as the project mana~~er for this project. He will coordinate all testing activities including.: providing
specific instructions to SU111m1t personnel. reviewin~~ all Held reports for accuracy and completeness.
resolving any questions or problems as they develop: and preparin4 summary reports of observation and
testin~~ activities at regular intervals.
Summit. will assign an engineering technician who has extensive experience with this type of buildin~~
construction. The technician assigned to the project becomes a key 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 construction materials testing from our local
office located in Hillsborough. NcTrth Carolina.
SCOPE OF SERVICES
Based upon our experience on similar projects, the services SUtllilllt expects to provide would include but
not be limited to the following work elements: earthwork, foundations.. cast-in-place concrete, structural
steel and fireproofing. Our primary objective is to verify that the work is performed and installed in
accordance with the project documents.
Soils/Earthwork:
I. Observation of proofrollin~T activities prior to till placement and providing recommendations
for unstable or unsuitable soils, if encountered.
~. Continuous observation and density testing, during soil/stone fill placement.
3. Obtaining soil and stone samples for laboratory testing includin4~ ;oil classification. Atterberg
limits. ~~radation and standard proctor determinations.
-t. Verifyin~~ placement and perfi~rming density testin~~ of foundation Tall and retaining wall
Pa~~e 2 of 7
backtillirtg activities.
Foundation:
I. Observation, veriticatirnt and testin~~ of bearin4_ capacity of all Ioundations and pmvidin~~
recommendations where unsuitable hearin~~ conditions exist. if encountered.
3. Provide ohservatiim and testin~~ ol~ concrete during all foundation placements. iricl«din~~
slump, air content. unit weight. temperature and fabrication of compressive stren<~th
cylinders.
~. As requested, verify the size. location and placement of reinforcing steel within fi~undations.
=t. -f encountered, quantify rock removed from the foundations and verify quantities with on-
site personnel.
Concrete:
Provide sampling, testing and observation of concrete placements, including, slump, air
conteatt. unit wei~~ht. temperature and fabrication of compressive strength specimens.
?. If needed; observe and document post-tensioning.: activities. Report elongation data
immediately for review and approval by the Structural Engineer.
_>. As requested, verify the size. location and placement of reinforcing steel
Structural Steel:
Provide. continuous observation and testing, of shop and field full and partial penetration
welds and multipass fillet welds. y
2. Provide visual weld inspection, shear stud testing, and verify bolted comtection as required
by the specification.
Sprayed Fire Resistant Materials:
I . Perform thickness testing in accordance with ASTM E605 at a rate o1' 35% of the structural
columns and beams as required by code and 1 test/10,000 sfi on all other members.
2. Perform density and bond strength testing of the fireproofing in accordance with ASTM E
C0~ and ASTM. E 7,6 at a rate of I test /10.000 stun columns. beams and deck.
Please note, as you likely arc. aware, The Department of Labor, Occupational Safet<~ and
Health Administration has issued new mandatory requirements for steel. erection, which
are effective as of January 18, 2002. This regulation affects the t}~pe and amount of
concrete testing required for steel structures. The following is an excerpt from 29 CFR
Part 1926.
Page 3 of 7
(926.752 Site layout, site-specific
erection plan and construction sequence.
fctl .-1p/,rnrul tr, hefrl17 .CIC'C'/ erection.
E3eti~re authorizing the cimlmencement of steel erection. the controllin~~ contractor shall ensure
that the steel erecu~r is provided with the ti~llowin~~ wririen notitications~
(I - The concrete in the footing. piers and ~~alls and the mortar,in the masonry piers and ~~~alls has
attained. on the basis of an appropriate ASTI~9 standard test method l~f field-cured samples.
either ~~ pCfCellt of the Intended n11nIr11U111 COlllpl'etisl\'e deSl~~ll Strell`~th Or SIItflClell[ Strellglh t0
support the loads imposed during steel erection.
(?) ~1ny repairs. replacements and rnoditications to the anchor bolts were conducted in accordance
'with S 19?6.7~5(b).
(b) C'anlntencc n,ent aJ's2~el e,•c°clicnt.
A steel erection contractor shall not erect steel unless it has received written notification that the
concrete in the footings. piers and walls or the mortar in the masonry piers and walls has
attained, on the basis of an appropriate AST1~t standard test method o1` veld-cured samples.
either 75 percent of the intended minimum compressive design strength or sufficient strength to
support the loads imposed durin~~ steel erection.
COST OF SERVICES
The observation and testing services required for this project will be provided on an as-requested basis. as
scheduled by f?ran~~e County. or your designated representative. Please note. the cost of our services is
directly related fo the project schedule and the number of visits made to the project for testing and
observation services. We have no control over the project schedule and a.re on site only when requested
by you or your desi;,nlated representative. The project will be invoiced on a time and materials basis for
actual work performed in accordance with the attached unit rate schedule.
Our office in Hillsborough is located approximately ?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 charges. Our close proximity also gives us the ability to quickly react to last minute
scheduling that occurs from time to time on construction projects.
Based on our experience with projects of similar scope, Summit estimates the cost for construction
materials testing and observation services to be S 12,000.00. This cost includes on-site technician,
travel costs, engineering oversight and supervision, and laboratory testing.
SUMMARY COMMENTS
The philosophy of Summit Consulting Cngineers is to maintain a high standard of quality in the
pertonmance o1' our engineering. testing and inspection functions. We consider our cormpany to be. a
service organization and our success depends on timely and appropriate response to the concerns of our
clients. "Phis is accomplished by experienced personnel. thorou~zh h-ainin~~. properly maintained and
calibrated equipment and diverse facilities. We believe the difference in our services can be found in the
quality and commitment of the supervisory support staff and field personnel. Many of Summits clients
Page ~t o1'7
are repeat customers due to this difference. The personnel we have proposed for this project will he
valuable members of the construction ,team by their proven perfi~rmance not only with the quality in
which they perlorm their specified duties but also with dispute resolution and problem solvins.
Summit reco~~nixes that this. like all projects. is an important enc. and ~~e Fcel that the duality of~ the
observation and testing sei•~ ices provided ~~ ill have a ~~ri:at iutpact on thi: success ~,f the project. Summit
has extensive experience with this t}pe ol~projcet anil is capable oFprovidin~_ high quality observation and
tostinC7 services.. ~t~e hope this proposal has given an indication of our dualilications. experience and
ahil hies:
Summit ~.~elcomes the chance to ~rork on a project where qualit`~ of service is a major consideration. You
are invited to visit our office and laboratory. Facilities at your convenience. so that we can demonstrate the
qualify of our operation. Please call to schedule a tour or if you reduire any additional information to
assist in `our decision regarding our proposal.
Summit Consultin4.: Engineers appreciates the opportunity to otter its services to you and looks ti~nvard to
workin~z with vou.
Respectful)}~ Submitted.
SUMMiT CONSULTING ENGINEERS. PI:.LC
Don Dewey. PE t~./4:~,,
Geoteehnical Mana~_=er `~
Attachnients: Schedule of Standard Rates and Fees
L:/Geoteehnical%ProposalsiOrange County -Construction Materials Testin~~, Expansion to Justice f=acility.dgc
Page 5 oi' 7
~~.SUMMIT
Cnnsulling 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
1. Principal Engineer
2. Professional Engineer
3. Graduate Engineer, E.I.
4. Engineering Technician (Soil, Foundations, Concrete, Asphalt)
5. Structural Steel Inspector (Weld Inspection and Bolt Torque)
6. Cadd Technician
7. Administrative/Clerical
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)
Concrete:
14. Standard Compressive Strength (ASTM C 39)
15. Compressive Strength Cube
Unit Rate
$100.00 / hr.
$ 90.00 / hr.
$ 65.00 / hr.
$ 39.00 / hr.
$ 75.00 / hr.
$ 45.00 / hr.
$ 35.00 / hr.
$ 4.00 ea.
$ 2.00 ea.
$ 40.00 ea.
$ 55.00 ea.
$ 65.00 ea.
$125.00 ea.
$140.00 ea.
$ 15.00 ea.
$ 16.00 ea.
8
I'ase 6 of 7
~~..SUMMIT
Consulting Engineers
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 Cares (ASTM to 2726) $ 35.00 ea
C. Miscellaneous
20. Overtime
Saturdays and excess of 8 hrs. /day Tirne &'/Z
Sundays and Holidays Double Time
21. Mileage 0.441mi.
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 aportal=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.
1
Pare 7• of 7
tia
TERMS AND CONDCTIONS
\RTICLE L CLIEtiI"ti Rt:CPO~ti1Ril.iTlEti
\) Client's Representative: 'fhz C'licni shall appuim a rcprrsrntatiac
auihorizcd to act on the Client'. hch:rlt l\'Ith rt`?pCL'[ Ut dtr I'miect. 'fhc Client ur
iU rrpresentative;hall make drei,iuns in a tintelt' manner ree:rrding all asl!ects ref
the: Pririrrt. ,hall c.~auninc dirruntznt, submitted by .Cunmtit l'unsultine I'neurrrrs
ihrrcinalicr referred w as lununiti and render drrisinns ut a timclt manner lu
;Quid unrcasnnahlc delay in the nnlerly soul sequential pnrgress .rf Sununit'~
stn ices and the Project srhrdule accepted by (Trent.
131 Client's Pntt„r•,tm and Rud~el Rcyuirrmenis: Chrnt shall prat iile tiummit
full inti~nnation in a timefe nunutrr re^_ardutg all its rcyuirrntcnts tier the Pruirei
includine its oh-Iccutec. schedule. rritcria. autstraints ;tad buitei•t ntrludine
rursunahlr rnntingencies.
(') Right of Enh•y: Ghent shall provide rig+ht ut cote} Iiv tiummit. its aat1:
subronsultcuus. and all nrccssan eyurpmrnt to complete the \1'urk. Suminii hill
take reasonable precautions ut minimise ilamagr to prnpcrt}. Client uniler;t;utds
That in the normal course nl tcork some ihunaer may occur. the axrceuun of
which is not part,ol'this :\groenrrnt.
DI Required Information: C:heni will titmish Summit all inlirrmatiun.
rrquircments. data. report;. survzts and instructions required to cumpktz the
Scups of SzR~ires. including idcntihing the t}pe and lircmiun irf undereround
impritvernznts and utilities. and all rsisting conditions. Summit shall hate the
ri+~ht to rrle upon the completeness and accprai:~ of such inlirrmatinn Client
arknotvledges that certain assumptions twill he made rz,arding csistin~! ~unilitinn;
that cannot he .rcriliud tt ithout destruction or damage to existing lacilitizs. hu the
Fullest extent permitted M latt•. Client agrees to teaive all claims against. and in
hold harmless and indrmnifi. Sununu tntii ns subctnsultants. lire damaers to
under_round improvements and utilities and for any costs associated frith
undisclosed cxistine conditions.
E) Invoices: Summit twill render invoices even thirty days. Pa}meat is due
upon prrsematiun of imoiez and is past due tliirt~ (~01'davs From iitvnicz Jute.
Client octets to pay a renter chaser of one and oar half percent (1'"~0) per
month. or the maximum rate allowed by late. rnt, past due accounts. I'a}'ment of
invoices shall not he subject to any discounts, set-ot1s. or hackchargrs by C'liznt
unless agrorJ.to in writine by tiummit. Client shall pay all costs. expenses, and
distributions.' including rnllcctinn asenct• fees and expenses. court costs and
rrasonablei attdrneys' fees incurred by Stunmit. in the event collection or Izgal
processes arc cmployzdlo collect nutst:utdin, bills.
F) Sales Tat: C'licnt will pa}' an}' applicahlz sales tar whenever deemed to he
duo Pacment temts arc esclusivz of sales tai.
:\R'I'ICLE 11: SC~L~ii'1''ti~RESF'UNtiiRILITiES
:\) Standard of Carr: Summit shall perfitrm the services called fix h} this
:\greement with the level of care and skill ordinarih' exercised by nremhcrs of the
same professions eurrrntly practicing under similar conditions. Nu other
warranty. expressed or implied. is made. Client acknottledges that incrcascil
eitsL; and chances may hr required due to omission, ambieuitics and
inconsistencies in the dratcinas and specifications. C'lienl agrees to set aside a
eontinoenev of at bast ~"/o of the Pritjeet construction cost to pay Ibr these rusts
and changes. Client further agrees it trill make no claims against Summit fix an}•
such costs and changes covered by such continecncy fimd.
H) Compliance tr•ith Laws, Codes and Standards: Consistent Leith the
professional standard of care. Summit tt•ill comply with I:nvs. codes. and
standards applicahlz to the Project Berton :ts of the effective dale of this
Agreement or the issuance ofthc construction pltuts and sprcilications. tvhirhever•
is later.
C') Certifications: Sunn»it shall Bien, il'requcsted h}• C'lieni. a statement that to
the best of its knnwlydee. inlimnation and belief: based in whole i,r in pan (m
inictrmatitni provided by others. the accuracy of tthich has not been verified. that
the Iaroject has been completed in general ronlonnanee with the plans and
specitirmions. Summit shall tux he rryuircd ro Bien any documents. nn ntarzr h}
tcham requested, in tvhidt Summit is required to cenil'y. guarantee or warrant the
existence of conditions the existence of which Summit has not nr cannot ascertain.
D) Construction Phase Services: If construction phase szRicrs are required in
the Scope of Srrvirrs. the litllotwin~ term; shall apply:
11 tine Observation: If site nhscrvation unit; are to hr provided h} Sununu.
~umnnt ;hall visit the site at intervals appropriate to the surer of the runstntctinn.
ur as nthentise c~pressly agreed rn in the Seupr of Srn ices. in order to nhsrrwc
the pruerrss and yu:ality of the tvnrk rnntpletzd be the runtrtetiu. Such
observation is not nte:un to he an zxhaustice cheek or a detailed inspzetiori of the
rnntractor's tcork but rather to allntw Sununit.tu hzcornz vcnerally familiar with
the prir~iress of the Work and to iletcrmine in gcncral if the work is hrin_+
perlirrmzd in a manner indic:riing that. when Ihll}• contplcted. the twork tail) hr in
accordance with the Contract Documents. Summit shall not he required to make
rnntinuous nr r\ItilUSpce inspzctiun> to check the quantiq and quality of the \Fork
nor shall Sunnnit hz responsible fbr the Contrartnr'> lirilure to pcrlitnn the Work m
accurdancr frith the Cuntrrrt Dorunxnts
?1 Rejection of \\ork: Summit :hall hace the :unhuritt to rrjert am Murk id the
rnntractor; that a nut. m tiununit's proles>iunal ,jud~~mcnl. ut accorilanrr ttith the
Cnnstruriictn I tucuntrnt>. Nc•ithrr this authority nur the g+n~J faith lodgment hr rc,lert
nr not reject am ,urh wiuk shall suh•jert Sunuuit 0.. any haMlin nr rouse of action on
behalf of the rumrartirrs. suhaxnracturs or ant other suppliers ur persons pcrfitrnntg
pnnions Of the uurk un ihr I'rujrrt.
31 \\ork tine tiafety Client ugmrs that Sununrl shall nut ,open ire or direct. ur hace
am rrspnnsihilih li+r. rontrirl oter nr rharx ul'. ihr Cuntrarurrs' tcurk or the
ranaructiun mean;. nrrthuds. technique.. sequences ix pn?crdurcs, ur tier the taork
site >ali;it prceauunns or programs in ronncctiun frith the \\'ork. 'these nghts and
respunsihilities are sirlely those ul the p;u-n ire ponies perhrrmut,+ the actual
ronstnretiun of the project. Neither the professional actit hies of Sunnnit. nur the
presence of Summit personnel and >uhronsultants :n the construction site, shall relict
the C'untraralr> and am other ratio of their' uhli+_atiun.. duties and responsihilitir>
inrludin<_+, but not limited ti!. consiructirnt means. methods. sryucnre. techniques or
procedures nrrrssar} lire prrlbrmine. suprrintrntling or coordinating all portions of
the !',-ork Balch and in accordance with am' health or s:ttch requirements of am
re~~uleturt• agenca. 'the C'licnt agrees that the Client. Summit and its subconstdtants
shall he iridcmnitied by ihr Contractors and ;hall hr made additional msurcds mtder
the Controcutrs' gcnertl. umbrella and recess liahilit} imtirance pnlicie.
~l) Submittals and tihup Urawim~s: If the Seopr al' Scrriczs includes the revieta of
C'antractor suhminals soul shop dratcin~;. then Summit tt'ill review such submittals
;utd shop drauin~s Ibr the limited purpose of rheckina lire conlirnnanee with Ihr
dcsi_n can«pt expresscd and the inlimnation provided in the Cunstructittn
Documents. -this revietc shall nut inrlutlr review ul'the accurarv or completeness ul'
details. Bitch as quantities. dimensions, ttci~~hts or ~augrs. lahric:ation tarocrsses.
construction me:uts ur methods. coordination of the work with other trades ur
construction salct} precautions. all ctf which arc the responsihilit} of the C'oninrclors.
1'he rcvieta shall hr conducted with rcasonahlr prompntess while allotcine sul'licirnt
time in Summit's judgnrent to prrrttit adequate revtetc Revrrw of a specific item
shall niu indicate that Summit has revirtved the entire assemhh ul'atiich the item is a
component. tiummit :hall not be rcspansihle Ior am deviations from the Cnnu:tci
Documents not brought to its arientirnt in tvritina h} the Contractor. Summit shall not
hr required to rzciew partial suhmissiims or thc!sc for which submisions of atrrzlatcd
items have nut been recciced.
5) Requests ,f<ar Clarification ur interpretation: Suntrnit shall provide. with
reasonable prnmputcss. written responses to rcyursts from Contractors tier'
elarilication and interpretation al the requirement' of the Ciuttract Documents. if
such reyuzsts fife information. clarification or interpretation are. in Summit's
professional opinion, fife inlorntation readily apparent trcrnt reasonable observation of
field contlitiuns ire a rrvicty of the Contract Documcros. or reasonahh• inlerahlr
tht:rcfrom. Summit shall hr entitled to additional compensation at its regular billing
rates for its time spent responding to such requests.
b- Record Documents: If reyuirzd by the Scope oi'Services, upon completion al'thr
Fork Summit sh;dl compile for and deliver to the Client a reproducible set ol'l2ccord
Diieuments conforming In the marked-up prints, dratvines and other data lirrnished in
Summit h}' the C'ontracurr. This set of Record L)ociunents gill show sienificant
changes made during construction. f~ecuusr these Record Documents are based un
unverified inlimnalion' provided by other parties Utat Summit tall assume to he
rrliahle: Summit cannot and does not tt•arrant their acruracv.
E) Insurance: Summit shall maintain worker's' camprnsaiion insurance required by
late. Summit represents and tt'nrranis that it maintains gcncral liability and property
Bantaee insurance. C'rrtilicatcs for such policies shall he provided to C'lirnt upon
tarittcn request Client ;hall maintain at its aten cost. and expense. its own gznrr<d
liability and propcm' danrr~~e insurance. Client and Sununu waive all rights against
each other and Summit'. subconsultants. agents and cmplowes I'irr damages caused
h}• mty peril to dte extent covered by the propene insur<utrz maintained by Client.
except to the extent such prot:crds arc held ht' Client a tnrstze. 'this waiver of
;uhroeation shall be eflrrticr as to a person or entity even thou~~h chat person or entity
would othrncise have a But} ill indemnification. autlratrttud ire otherwise. Clid nut pa\'
the insurance premium direrllq ter intlirceih. and tthether nr not Ihr prrsim ur entih
had an in;urrhlr intcrat in the property danmtged.
:\rticle 111: General Leeal Provision;
\) Otcnership of Documents: Urattings. specification, aril all other docuntrnts
prepared h} Summit ire its subconsultants. includin~~ those in electronic titan
tarllrctirclw "Desien Docuntrnts") are instnnnents of serwirc. Summit shall rotain sII
common late. st:nuatr} and other reseRrd rights. includine agtynghl tltzreto. The
Dzsi~~n Documents. including those in electronic litrrn art• Iurnished fur use solcl}
ttith respect to this Aarcrntrnt. ~Iient is permitted in retain ropier of the Dcsimt
L:lGcotechnical/Contracts/Orange Counh - C'onstructimt ~latrrials Testing. Expansion w.tustire Facilih. [lillsbnruu(;h.dur (2 of 3)
i~
Docuntcnts. including those ut electronic lent. li,r inliirmation and relcrenci; in
cnnncction ttilh the Pn,jett. Client shall not use the Design Dircumcnts. includin~~
those in elcctrnnit li,nn furnished by Summit or in suhconsultants on other
projects. tier additions to this Project. nr Inr the completion of this I'ri,ject M
others. icithcxn the express rcrittcn consent ol'Summit :\m reuse withr»n ~~rinen
tonsem ;hall he ut llrent'~ oak and full legal responsrhilitt. Clitm a~rrr, to hold
harmles< aural iminnnrl: Sonoran and its ;uha»t~ulunus Il,tm tort and all Maim>.
;mts. dcm;uuls. d;nnaecs. liuhilnre,. and to;t,. urtludute rrasonahle an,~rntt fors.
oozing Ih,m Guth reuse `
Iil Retention of Ihnunu•nts: Sonoran kill retool. pursuant a, u, u,u;d eL,tuna•nt
retention puli:a. rrconl; rrluum~ to the 1\'ork b,r a period of three t= t gars
Inllinring tomplctinn of the \lnrk. I)unn~~ this prnnd. rtcurd~ ~~'ill hr made
a<utlahlc h+ the (litnt ;n tiummit'. ntliCe< durin~• normtd hu;me;, hour; upon
seven t?i d:o'< nnuce.
(') ~shrshts Hod Ilazurduus \laR•rials: L'nle.e othrntt.c ;petilicallc pn,culcd
in the Sciq,c ul' ticnices, Summit and u> <ubcunsultants ;hall hate no
responsrhiliq li» the discotert. prru;nce. handling, renu+t al. or dispmal of
ashcvrn ur hai.ardous or tunic materials
UI l'rrmination and tiusprnsion: 1'hi< :\ercentent nett hr tenninakJ M either
p;trn upon seven t?t dais tcriuen notice in the etenl ul'suhstantial failure by the
other polo to perli,nn m acca,r<fancc tc rah the terms hereof Such tcrnunatinn
:hall not he cI'Iecme if the substantial failure is rcnredied heliue c~piruion ol'the
seven t7i dots. C'lient's lailurc ti, pat invnii:es tcithin thirst 1;tii days shall hr
Jecmed a ;uhstantial failure to prrti?rm. In ;uch rcent. Summit nwv tcnnin:uc:
this A~~roentcnt or nnnrediatel~ suspend the perti?rrnaince of scrota until ;uch
failure bus been tared l he t.'lirnl mat terminate this :\grcemem li,r ih
conventcnce upon l,urteen t Iq i days ttritten nntitc. In the event irf u trnnin:ninn
li,r cunventcnte. Client ~~ tll pad Summit tier sera itcs perfi,rmcd Ii, the termination
rl'Icctivc date plus reasonahlr termination i:xpensa tcithin ten t Inl calendar ila~s
nl'rcceipt of a linul imutce.
In the et•ent the project. or am phase ul it is dela)'ed tier masons beyond Summit's
control. unhillcd ivurk ti ill he invoiced at the standard hourly rates fur the actual
number of hours expcndal. Completed ph:tscs bill he hilleJ at I'ea yuoti:d
herein.
F:) Disputes: In an cftirrt to resuhc any conllirt> that arise during the ilr:r~~n ur
amstntction i,1'the Project or alter completion of the Pri~ject. all claims. disputes.
ur other matters in question betiaccn the parties to this :\greemcnt that arise out of
ur relate to this ;\grcemcm ur the hreat:h thereol'shat) br. submitted to nunhiniiing
mediation hclorc a neutral third-pain ntediati>r acceptable to both parties. Such
mediatirnt shall ht: a amdilion prececJyem ti, the connnencement of anc legal action
arising out of this :\grcemcnt except those le_al pruecedint~: related to Client's
lailure to pay.
The nreiliatinn ;hall hi: conducted in atcirrdanc:r with flit: Construction
Industn ~1cdiation Rules of the :\nterican Arhitratirnt association rurrcntly in
ctl'cta unless the palettes agree othcniise. The cost of the mediator shall he hornu
equally by flit: paries.:\ demand life mediation shall he made tcithin a reasonahlc
time aster the claim. dispute or other matter has arisen. In no event shall .uch
demand be made otter the dart: applicable >tuunrs of limitation ur repose would
bur a Ir~~al or equitahte action based on such claim. dispute or other matter.
In the event of litigation relating to the sufficiency ire adcyuacv of
performance of services called for by this Agreement. should tiummit obtain a
judgment dismissing Client's action or claim or other resolution wherein Summit
is not required to make compensation to Client in excess of its final offer made to
(.'liens in the mediation. Summit shat) he cntitlyd u'~ recover all costs incurred in
the defense of dte claim including stat?time, court costs. expert tvitne~s fees. and
reasonahte attorneys' Ices. and other claim related expenses.
F) C'huic•r of 1_atwl~rnur: Phis :\srcement shall hr !snt•crned by the talcs of the state
m which the Summit otlicc tdentilicd hclutt is located. ~rithout regard to its late o1'
cnnlltct of lases.:\m legal :tctiun ,»' pnrcerding :boll he t'cnueil in the titan or I-ederal
Court nrtrea the mumcipabtt in cchtch Summit`s otliae is Iocatal.
G) titahrte of Limitations/Repose. c~'auses of action pcrtainnrv to this =\grrenrent
shall hr dcenttd to hate alloyed and the api,litahlc ;taunrs nl' linntauun and rcpu~c
;hall tnnunrntc I<, run at the earlier .,f either the da[r oI' Suhsuun sal t:'omplcti,»a of the
I'n~jett or the d;nc• Sunnnn', >rrt ice, :err ~uhsiannalh a~nq,letc
III 1ssi~ns: ~cither the client n,» tiununn mat dclreane. rr~~rsn..»' transler his
dude. or nuerc;t m this .\, r'cemrnt t, nh,nrt fora>ent ol~ the other piu9}. e~tcpt tiunnnu
mat ut its discretion utilise yualrlied ~uhcomulutnt; m the pcrtbrm;ntcr ,~f the tit,~pe
„I Serctccs
I) Force ~lujcurr: \enhrr parts to flit. \grccntcnt ;hall he liable to the r,thcr li,r
delat+ in perGrnninc the ,~hli~~ati,?n> callcil ti,r ht flit. A~!rcentent. ur the direct and
mdircct tu,D resulun_~ from >uth delut;. that ;ter loused h~ labor .take>. riot., ccar.
art; nl` ~~utcnuncnt nuthonue. cctrnonhnart tceatha--zintdinons ur other natural
ana;tri,phc. ur am outer louse hctnnd the rcasnnahle control ire torncmplatiori ul'
either park.
.I1 ~u Third-Parr) [3eneficiaries: tiothim_ m thu •\~~rrement shall ~rc:tte a
cuntrtetual relatinn;hip ttith ur _oc am rif~ht or henelit to am third parts.
tit Srsrrthilih. Rr1'nrmatinn and tiunival: If am pn,tisiim in this ~\greenrentJs
held invalid. illc~saL ur unrnti,rc~ahlr. the en1`orceahtlih of the rrmainin~ prn~isiuns
,hall nut he imp:urcd therehc, f he invalid. illctial ur unenli,rceahle I,rovtsion .hall he
replaced by a nunuallt :tttcptahlr pruttsinn, rchich. being talid. legal :uul
enlurceahlt. curates closet to tht parties' nuentiun undcrhing the invalid. illc:~~al ur
unenli,rcrahle In'in t;ton. I imitations ui Irthilih. indcnunties. and other ccprcss
reprcsentatii,ns ,hall sun it c tenninnuon ol'this :\grcemem tier ,utv cause.
L) Risk .~Ilocation/l.irnitatiun of Liahility_ Client :ut<l tiununh hate iii;cussctl the
risks. rcttards. and the hcnclit ol'the project and Sununit'•. total Ice for scrvitcs I he
risks have been allocateii .uch that the Client agrees that to the lidless extent pcnnitted
by tali. Summit's ttrLtl Iiahilin to Clien! anti cimstruttiun tontrtctors aril
suhcuntractors fur ;utr and all nijune, tlanns. losses. e~penscs. dumascs or clanns
expenses arising out nl'this :\_~reement from am cause or causes. is limital to and
;hall not exceed Summit's tee ur S3>t1.pnU tihichever is smaller Such cnuscs include
but are nut limited ti, design pmlessiunul's ne!~ligence. negligent misrepresentation.
errors. omissions. ,trio liuhilih and breach irl` contract. liighrr limits of liability arc
availahlc lix a negotiated Ice.
>I- Indemnification: In the ILllest c~rent pernutti:d by lute. Client agrcu; to
indemnity and hold harntlcss Summit. us officers. directors. employirs. agents. ;uul
subconsultanls Isom all claims. ilanu~ges. injuries. Iiahilitirs. casts aril cepen;rs.
ntcludutg reasi,nablc anonuys Ice> arising 1'rum rn' tlaintcd to arise 1}om the acts.
omissions. negligence. fault. breach ofaattract. hrc;tch ill warranty. ur strict liability
ol'Clicnt ire its employees. a~_cnts, contractors anJ suhcontracti,rs
\) Cunsryurnrial Uama+„es: Vorivithstanding:ant other provisu,n of this A~rcrmcnt
and to the Ihllrst extent pcnnined by late. neither Client our Sunnttit shall he liable Ibr
any eonscyuential damages incurred due n, the-fault of the other pain rceardliss of
the nature of the fault or whether it was cununitted by Client. Summit. their
employees. agents. subi:onsultants or suhcuntrtcurrs. Consryuential damages include.
but arc; not limited to, lass o(use and loss ol•pmtit.
O) Complete :~r,:rccrnrnt: This :lgrecmcnt con>titutes.thc entire ugrcentent between
the parties hereto and supersedes all previous undcrslandings :attd agrecntents with
rospect to the Pri,jcia nr any irf the provisions hereof. Vu siatentcnt. promise.
condition. undi:rstandim~. inducement. or representation. oral ur tarittcn. expressed or
implied. ichieh is not cunlained hereto shall be binding or valid and this :lgrrentcnl
shall not he dtanged. mvdilird ur altered in any manner except M an instrument in
writing esecuteil by the parties hereto
6}' si);ning this .\>;recment. you are cnnsrntim^ to the terms and Conditions set f<rrth herein. I'Irase retain a copy li,r yourself mtd return a signed original w tiummit.
Client Orange County
Purchasing Department
B)
~ Sianuun'i•1
i I'run ti;unct
Date
Summit Consulting Engineers, PLLC
Address 1000 Cot~torate Drive. SLllti: 101
Cite State Flillsborouah ti_C 3.7378 ~' ~
Dun Uew'ev_ PE /
11'nnt 1
Date fiat ~ 1. zeur
L:lGrntrchnicul?Contracts/f)ram,!c County - C:onstructinn ylaterials'1'rstin~. Ezpansinn to .)asticr Facilitc, tliitshnrou{;h.dor t3 of 3)