HomeMy WebLinkAbout2012-366 Solid Waste - Terracon Consultants, Inc for Walnut Grove Church Rd Convenience Center Construction Materials Testing $13,146 so C%d cJ«s�fe-
[Departmental Use Only]
TITLE Walnut Grove CMT
FY 12-13
NORTH CAROLINA
ORANGE COUNTY SERVICES AGREEMENT UNDER$90,000.00
This Services Agreement (herinafter "Agreement"), made and entered into this 19th day of
September, 2012, ("Effective Date") by and between Orange County, North Carolina a body
politic and corporate of the State of North Carolina (hereinafter, the "County") and Terracon
Consultants, Inc., (hereinafter,the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Construction Materials Testing for the Walnut Grove
Church Road Solid Waste Convenience Center.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent,professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the care and skill ordinarily exercised by
the members of the profession currently practicing under similar conditions in the
State of North Carolina and in accordance with applicable federal, state and local
laws and regulations applicable to the performance of these services. Provider is
Revised July 2010
1
solely responsible for the professional quality, accuracy and timely completion
and/or submission of all work related to the Basic Services.
ii) Provider shall be responsible for all errors or omissions, in the performance of the
Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Construction Materials Testing for the Walnut
Grove Church Road Solid Waste Convenience Center. Services are outlined in
Attachment A dated 8/15/12 entitled " Proposal for Construction Materials Testing
Services".
4. Duration of Services
a. Term. The term of this Agreement shall be from September 19, 2012 to April 28,
2013.
b. Scheduling of Services.
i) Notwithstanding anything else to the contrary contained herein, all services shall
be provided on an "as-requested"basis and the Provider shall schedule and perform
his activities in a timely manner.
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2
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
resources and working overtime, as necessary, to perform his services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be September
19, 2012.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except for any authorized Reimbursable Expenses which are defined herein. The
maximum amount payable for Basic Services shall not exceed Thirteen Thousand One
Hundred Forty Six Dollars($13,146). Payment for Basic Services shall become due and
payable within thirty(30) days of Provider properly invoicing County. Payment shall be
subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Jeff Thompson) to act as
the County's representative with respect to the Project and shall have the authority to
render decisions within guidelines established by the County Manager and/or the County
Board of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. The Provider shall purchase and maintain and shall cause each
of his subcontractors to purchase and maintain, during the period of performance of this
Agreement:
i) Worker's Compensation Insurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
Revised July 2010
3
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof;
iii) Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurance, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
Agreement by the Provider or his agents, Providers and employees.
b. Insurance Rating. The minimum insurance rating for any company insuring the Provider
shall be Best's A. If the Provider does not meet the insurance requirements, the County's
Risk Manager must be consulted prior to finalizing this Agreement.
C. Limits of Coverage. Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A - Statutory State of N.C.
Coverage B - Employers Liability
$500,000 each accident and policy limit and disease each
employee
• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit $500,000
• Professional Liability NOTE: Insert coverage Iimit required: b isle' Manager if
appli ab,0
$1,000,000
d. Additional Insured. All insurance policies (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written notice of any cancellation, non-renewal or reduction
of coverage.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons to the extent caused in whole or in part by the negligence or
misconduct of the Provider except to the extent same are caused by the negligence or
willful misconduct of the County. It is the intent of this provision to require the Provider
to indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
Revised July 2010
4
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
Revised July 2010
5
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
d. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
g. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention: Jeff Thompson Terracon Consultants, Inc.
P.O. Box 8181 5240 Green's Dairy Road
Hillsborough,NC 27278 Raleigh,NC 27616
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
Revised July 2010
6
ORANGE COUNTY: PROVIDER:
TERRACON NSULTANTS, INC.
By: By:
Frank Cli , County anager
This instrument has been approved as to technical content.
cl-_�, 1 0 - WL69nt
Gayle Wilson, epartment Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
q0"'t, /j • ,gv,
Office of the Finance Director
This instrument has been approved as to form and legal sufficiency.
Office of the unty Attorney
Revised July 2010
7
E7�
Ireirracon
August 15,2012
Orange County
Asset Management Services
131 W. Margaret Lane
Hillsborough;NC 27278
Attention: Mr. Jeff Thompson
Reference: Proposal for Construction Materials Testing Services
Walnut Grove Convenience Center Expansion
NC Hwy 86 &Walnut Grove Church Rd.
Cedar Grove, North Carolina
Terracon Proposal No.: P70120381
Dear Mr. Thompson:
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to
provide construction engineering and testing services for the Walnut Grove Convenience Center
Expansion project in Cedar Grove, NC. This proposal outlines our understanding of the project,
scope of services, and our estimated costs for our services.
A. PROJECT INFORMATION
Location NC Hwy 86&Walnut Grove Church Rd, Cedar Grove, NC
Construction Construction includes fill placement, new concrete retaining walls,
new asphalt pavements, and new site utilities
Grading I Fill depths on the order of 5 to 7 feet are expected
B. SCOPE OF SERVICES
Based on our conversations and understanding of the project, we propose to provide the
following scope of testing and observation services:
Earthwork related services will include:
g Observe proof-rolling operations of subgrade soils and stone before construction of building
slab area, pavement subgrades or new fill;
Performing laboratory moisture-density relationship, natural moisture content, grain size
analysis and Atterberg limits on proposed fill soils; and
Performing density testing of fill soils to determine the moisture content and percent
compaction of the soil material.
Terracon Consultants, Inc. 5240 Green's Dairy Road Raleigh, NC 27616
P[919]873 2211 F [919]873 9555 terracon.com
Proposal for Construction Materials Testing.Services Irerracon
Walnut Grove Convenience Center Expansion m Cedar Grove, North Carolina
August 15, 2012 c Terracon Proposal No. P70120381
Foundation related services will include:
• Observing footing excavations relative to size,depth, and presence of unsuitable soils;
• Evaluating bearing soils at the base of selected foundations by performing dynamic cone
penetrometer field testing procedures and
Observing placement of reinforcing steel relative to number, size and spacing of bars
Concrete related services:
Field sampling and testing of concrete for slump, air content and temperature;
u Sets of 4 (6x12 inch) cylinders will be cast every 50 cubic yards poured or daily for each
concrete mix; and
Transporting, curing and laboratory testing concrete cylinders at frequency specified;
Load Testing of Post-installed anchors
The above services will be provided under an as-requested basis. Additionally, we request a
24 hour notice to schedule our services. If you would like us to perform any additional work,
please contact us and we will issue a proposal amendment that outlines the additional work to
be performed and associated fees,
C. COMPENSATION
Observation and material testing services provided will be billed in accordance with the line item
unit rates illustrated on the attached Exhibit A — Cost Estimate. Based on the scope of
services, we estimate a cost of approximately $13,146;00 for the quantity and rates illustrated
herein.
Please note that this is only a budget estimate and not a not-to-exceed price.An overtime
premium of 1.5 times the hourly rate will apply for services provided.Monday through Friday that
are in excess of 8 hours per day and for services provided before 6:00 AM and after 7:00 PM,
as well as for services provided on Saturday, Sunday and Terracon recognized Holidays. The
quantity of the work performed and factors beyond our control, such as weather and the
contractor's schedule/efficiency, will affect the actual cost for our services.
You will be invoiced at regular intervals but not less than monthly for services performed.
Invoices for our services will be directed to the addressee of this letter unless we are directed
otherwise. Payment is due within thirty (30) days following receipt of an invoice.
D. SITE ACCESS AND SAFETY
Client shall secure all necessary site related approvals, permits, licenses, and consents
necessary to commence and complete the services and will execute any necessary site access
Responsive r: Resourceful c Reliable 2
Proposal for Construction Materials Testing Services l T�rr�e®n
Walnut Grove Convenience Center Expansion a Cedar Grove, North Carolina
August 15,2012 u Terracon Proposal No. P70120381
agreement. Terracon will be responsible for supervision and site safety.measures for its own
employees, but shall not be responsible for the supervision or health and safety precautions for
any third parties, including Client's contractors, subcontractors, or other parties present at the
site. Terracon will not supervise or direct the work performed by contractor or its subcontractors
and is not responsible for their means and methods.
E. AUTHORIZATION
We will perform the outlined scope of services in accordance with the existing Consultant
Agreement between Orange County and Terracon. This proposal may be accepted by a written
or verbal notice to proceed.
We appreciate the opportunity to be part of your team on this project. Please contact us if you
have questions or comments regarding this proposal.
Sincerely,
Terracon Consultants, Inc,
Aaron E Il, P t--"' 6 David Carver
CMT Project Manager Construction Services Manager
Attachments: Exhibit A—Estimated Costs& Unit Rates
Responsive a Resourceful a Reliable 3
Irerra an
COST ESTIMATE
Construction Materials Testing Services
Walnut Grove Convenience Center Expansion
Cedar Grove,North Carolina
Proposal Number P70120381
SERVICES RATES C UNITS TOTAL
Field and Laboratory Services
Solls:
Engineering Technician $40.00 par hour 10 days 8 hourstvisit so $3.200.00
Standard Laboratory Proctor $160.00 sample 2 samples 2 $320.00
Laboratory 200-wash testing $75.00 sample 2 samples 2 $150.00
Laboratory Atterberg testing $95.00 sample 2 samples 2 $190.00
Laboratory Moisture testing $10.00 sample 2 samples 2 $20.00
Trip Charges $moo hip 10 trips 10 so'bo
Subtotal $3,880.00
Concrete:
Enameering Technician $40.00 per hour 15 days 8 hours/visit 120 $4.800.00
Concrete Lab Compressive Strength testing $14.00 per cyl. 16 sets 4 cyl/set 64 $896.00
Trip Charges $0.00 trip 12 trips 121 $0.00
Subtotal $5,696.00
Foundations
Engineering Technician $40.00 per hour 5 days 6 hours/visit 30 $1,200.00
Trip Charges $0.00 trip 5 tips 5 $0.00
Subtotal $1,200.00
Engineering&Report Review
Project Engineer $115.00 per hour 6 hours 6 $660.00
Project Manager $95.00 per hour 12 hours 121 $1,140.00
Clerical $45,00 per hour 12 hours 12 $540,00
Subtotal $2,370.001
sommonsomigAmm-
Total Estimated Cost: $13,146.00
loll
Irerracon
Construction Materials Testing Services '
Raleigh, NC
2012 UNIT RATE FEE SCHEDULE
PERSONNEL]FIELD SERVICES
1. 40.00
2. Field Special Inspector,per hour 660
3. Nuclear Density 35.00
4. Certified Welding Inspector, per hour-................- '... ' .-. ....-. .' .. '- ..$ 85.00
5. U�nasun�TosUng, per hour.._-.----...'-..'----'..'---'..___..'-..$ 90.00
� Coring Crew, hour 105.0
7. Asphalt Lab or Roadway Technician, per hour...... .............................................. ................$ 65.00
O. and equipment)....................................$ 7510
9. .................................................. .......................................... ......$ 115.00
� 10. _-'---._---.-.''$ 95D0
�
11. Senior ........................ _''_'--._'__'_.$ 105l0
12- Pd ......................................................................... ... ...................................$ 125.00
13- ............................................................$ 145.00
14` Clerical,per hour........................... ................................................................ ......................$ 45.00
LABORATORY SERVICES
10. Concrete:
a) Compressive Strength Testing of 4"x 8"or 6"x 12"Concrete Cylinders,each............$ 14.00
11. Asphalt:
NOTE: A minimum of 2 hours will be charged for all field technician time. Overtime,at a rate of I Z time the standard
rate,is charged for technician servicesfor time.over 8.0 hours per day,hours prior to 8:00 Wand past 5--00 PM and for
Saturdays,Sundays,and holidays. Overtime is not applicable to engineering rates. Project administration rates are for
report review, etc. The mileage charge includes vehicle mileage between Terracon's Raleigh office and the job site.
The quoted rates Will be effective from January 1,2011 to December 31,2012.
ACORD, CERTIFICATE OF LIABILITY INSURANCE 1!1!2413 °A8/221z012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s).
PRODUCER Lockton Companies,LLC-1 Kansas City
444 W.47th Street,Suite 900 MR,Ext: A/C No):
Kansas City 64112-1906 E-MAIL
(816)960-9000 DD RE
INSURER(S)
INSURERA: CHARTIS SPECIALTY INS.CO.**
INSURED TERRACON CONSULTANTS,INC, IN URER 8: **AN AIG COMPANY A XV
131 2891 5240 GREEN'S DAIRY RD. INSURER C: Travelers Property Casualty Co ofArrerica 25674
RALEIGH NC 27616 . The Travelers IrIdemnity Company 25658
IN UgEg Lexin ton Insurance Companj 19437
INSURER . The Charter Oak Fire Insurance Company .25615
COVERAGES TERC001 PC CERTIFICATE NUMBER: 11963585 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
R TYPE OF INSURANCE ADDL SUBR
W POLICY NUMBER POLICY EFF MPOLK:Y EXP LIMITS
A GENERAL LIABILITY Y" N PROP3779274 1/1/2012 1/1/2013 EACH OCCURRENCE -,1,000,000
X MMERCIAL GENERAL LIABILITY PREMISES Meeoccu occur g._ 300.,000
CLAIMS-MADE OCCUR MED EXP(Any one person) 5,000
X CONTR'L LIABILITY PERSONAL&ADV INJURY $ 1 000 000
GENERAL AGGREGATE $ 2:000:000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000 000
PRO-
P LI Y X E T LO $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
C Y N TC23-CAP-13173858 ll1t2412 11112413 E •cadent $ 1,400,000
C X ANY AUTO TJBAP131J3895TIL12 1/1/2012 1/1/2413 BODILY INJURY(Per person) $ XXXXXXX
X AUT OWNED SCHEDULED YY
BODILY INJURY(Per accident $ }��' �',�'XX AUTOS
NON-OWNED PROPERTY DAMAGE $ XXXX.XXX
X HIRED AUTOS X AUTOS P accident)
$ XXXXXXX
A UMBRt:LLALIAB X I OCCUR N N PROU1920977 1/1/2012 I/l/2413 EACH OCCURRENCE $ 5,000,000
A X EXCESS LIAR CLAIMS-MADE (EXCLUDES PROF.LlAB.) AGGREGATE $ 5,000,000
DED I I RETENTION$
$ XXXXXXX
WORKERS COMPENSATION WC STATU- OTH-
D AND EMPLOYERS'LIABILITY N TRKUB131J384612{AZ,WI) 1/112412 11112413 X T RY I
F ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TC20UB 131 J374212(AOS) 1/1/2412 1/1/2413 E.L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N❑ N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 1,000,000
If pes desct.under
DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT 1,000,000
E PROFESSIONAL N N 026030216 I/l/2012 1/1/2013 $1,000,000 EACH CLAIM&$1,000,000
LIABILITY ANNUAL AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/(Attach ACORD 101,Additional Remarks Schedule,if more space Is required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED.
RE:PROJECT#74121071;WALNUT GROVE CC EXPANSION PROJECT.COUNTY OF ORANGE COUNTY,FINANCIAL SERVICES IS AN
ADDITIONAL INSUREDS AS RESPECTS TO GENERAL AND AUTO LIABILITY,THESE COVERAGES ARE PRIMARY AND NON-
CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
11863585 AUTHORIZED REPRESENTATIVE
COUNTY OF ORANGE COUNTY,FINANCIAL SERVICES
P.O.BOX 8181
HILLSBOROUGH NC 27278
1 Aw_JA_*0k_#
ACORD 25(2010105) O 9 8-2010 ACCPbVORPORATION.All rights reserved
The ACORD name and logo are registered marks of ACORD
Forms a part of policy no:PROP 3779274
Issued to:Terracon Consultants,Inc.
This endorsement changes the policy.Please read it carefully.
COMMON POLICY CONDITIONS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY
All coverage parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first named insured shown in the declarations may cancel this policy by mailing or deliver to us
advance written notice of cancellation.
2. We may cancel this policy by mailing or delivering to the first named insured written notice of
cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or
b. 60 days before the effective date of cancellation if we cancel for any other reason.
3. We will mail or deliver our notice to the first named insured's last mailing address known to us.
4. Notice of cancellation will state the effective date of cancellation.The policy period will end on that
date.
5. If this policy is cancelled,we will send the first named insured any premium refund due.If we cancel,
the refund will be pro rata.If the first named insured cancels,the refund may be less than pro rata.The
cancellation will be effective even if we have not made or offered a refund.
6. If notice is mailed,a proof of mailing will be sufficient proof of notice.
We will provided written notice to all certificate holders for whom you have provided the information referenced
above.
7. In the event that we cancel this policy for any reason other than non payment of premium,and
a.The cancellation effective date is prior to this policy's expiration date;
b. You are under an existing contractual obligation to notify a certificate holder when this Policy
is canceled or materially changed due to a reduction in limits which is not the result of payment
of damages,medical expenses or loss,(hereinafter,the"Certificate Holder(s)")and have
provided to us, either directly or through your broker of record,either: (i)the name of the
entity shown on the certificate and the contact name and mailing address of such entity;or
(ii)the email address of a contact at each such entity;and
c. we received this information after you receive notice of cancellation of this Policy and prior to
this Policy's cancellation effective date,via an electronic spreadsheet that is acceptable to us,
we will provide advice of cancellation(the"Advice")via e-mail to each such Certificate Holders
within 30 days after you provide such information to us.
Proof of our emailing the Advice,using the information provided by you,will serve as proof that
we have fully satisfied our obligations under this Condition.
This Condition does not effect,in any way,coverage provided under this Policy or the
cancellation of this Policy or the effective date thereof,nor shall this Condition invest any right
in any entity not insured under this Policy.
If any of the conditions set forth above are not applicable or are not satisfied,we are under no obligation to provide
the notice referenced in this endorsement.
All other terms,conditions,and exclusions shall remain the same.
Miscellaneous Attachment:M463695
Certificate ID : 11963585
POLICY NUMBER:TJ-BAP-13 1 J3 895-TIL-12
TC2J-CAP-131 J3858
DESIGNATED ENTITY-EARLIER NOTICE OF CANCELLATION/NONRENEWAL
PROVIDED BY US
This endorsement modifies insurance provided under the following:
All coverage parts included in this policy
SCHEDULE
CANCELLATION: Number of Days:60
When we do not renew(nonrenewal) Number of Days:
PERSON OR ORGANIZATION:
Any person or organization to whom you have agreed in a written contract that notice of cancellation or
material limitations of this policy will be given,but only if:
1. You send us a written request to provide such notice,including name and address of such person
or organization,after the first named insured received notice from us of the cancellation or
material limitation of this policy; and
2. We receive such written request at least 14 days before the beginning of the applicable number of
days shown in this schedule.
ADDRESS:
The address for that person or organization included in such written request from you to us.
PROVISIONS:
If we cancel the policy for any statutorily permitted reason other than nonpayment of premium we will mail
notice of cancellation to the person or organization show in the schedule above.We will mail such notice to
the address shown in the schedule above at least the number of days shown for cancellation I the schedule
above before the effective date of cancellation.
Miscellaneous Attachment:M463694
Certificate ID : 11963585
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 11 (A)
POLICY NUMBER:
TC2KUB-131 J374-2-12(AOS)
TRJ-UB-13 1 J3 846(AZ,OR,WI)
NOTICE OF CANCELLATION
Except for non-payment of premium by you,we agree that no cancellation or limitation of this policy
shall become effective until the number of day's written notice specified in item 2 of the schedule has
been mailed to you to the person or organization designated in item 1 of the schedule at the address
indicated.
SCHEDULE
1. Name: any person or organization to whom you have agreed in a written contract that
notice of cancellation or material limitation of this policy will be given, but only if:
• You send us a written request to provide such notice, including the name and
address of such person or organization, after the first named insured received
notice from us of the cancellation or material limitation of this policy; and
• We receive such written request at least 14 days before the beginning of the
applicable number of days shown in this schedule.
Address: The address for that person or organization included in such written request
from you to us.
2. Number of days written notice: 30 additional days
This endorsement changes the policy to which it is attached and is effective on the date issued
unless otherwise stated.
Miscellaneous Attachment:M463692
Certificate ID : 11963585
ENDORSEMENT NO. 14
This endorsement,effective 12:01 AM: January 1, 2012
Forms a part of policy no.: PROU 1920977
Issued to: TERRACON CONSULTANTS, INC
By: CHARTIS SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS FOLLOW FORM POLICY
It is hereby agreed that the following is added to SECTION VI -CONDITIONS:
In the event that we cancel this Policy for any reason other than non-payment of premium, and
1. The cancellation effective date is prior to this Policy's expiration date,
2. You are under an existing contractual obligation to notify a certificate holder when this Policy is
canceled or materially changed due to a reduction in limits which is not the result of payment of
damages, medical expenses or loss (hereinafter, the"Certificate Holder(s)")and have provided
to us, either directly or through your broker of record,the email address of a contact at each such
entity, and
3. We received this information after you receive notice of cancellation of this Policy and prior to this
Policy's cancellation effective date, via an electronic spreadsheet that is acceptable to us,
We will provide advice of cancellation (the"Advice")via email to each such Certificate Holders within 30
days after you provide such information to us.
Proof of our emailing the Advice, using the information provided to you,will serve as proof that we have
fully satisfied our obligations under this Endorsement.
This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of
this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not
insured under this Policy.
All other terms, conditions and exclusions remain the same.
Miscellaneous Attachment:M463713
Certificate ID : 11963585
This OndOMOMOM,OthtthM 12,01 AM OWtW12
Forma a part of policy an.: 0260302 1 S
Issued to.,TERRACON DONSULTANTS,INC.
By:LEXINGTON INSURANCE COMPANY
ADVICE Of CANCEUATION To ENTITIES OTHER THAN THE NAMED INSURED UMrrED
TO E-MAIL NOTMCATION
This policy is amended as follows:
In the event that the Insurer rVAca,18 this policy for any reason other than non payment of
premium,and
L The cancellation OffOCIlvd,date is prior to this policy's expiration date-,
2. The First Named Insured 1S under an existing contractuej obligation to notify a
certificate holder When this policy is canceled (hereinafter. the "Certificate
Holdetls)');and has provided to the Insurer,either directly or through As taroker
Of record,the email address of the contact at such entity,
and the Insurer received this Information eftm the First Named Insured receives
notice of cancellation of this policy and Prior tO this PaWs cancellation effective
date,via an electronic spreadsheet that Is acceptable to the insurer.
the Insurer will provide advice of cancellation (the 'Advica'l via&-mail to such Certificate
Holders,
PrOOf Of The Insurer omwhng the Advice,using the information provided by the First Named
insured, will servo as Proof that the Insurer has fully satisfied its oblkjaOons under this
andorsement.
This andorsornent does not affect,in any way, coverage provioad under this popsy or the
cancelis0on of this policy or the effective data thereof, not shall this endorsement invest
any rights in any entity not Insured under tads pvley�
The Wowing Definitions apply to this endorsement:
I. F11151 Named Insured means the Named Insured shown on the Declarations Papa of
this polity,
2. Insurer meen,5 the Insurance Company shown In the header on the D9cfarstions Page
of this poilcy.
All other terms,condition]and exclusions shall remain the same.
Authorized Representative OR
CowtatsignaU"lin states where applicabW
Miscellaneous Attachment:M450465
Certificate ID 11963585