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Home My WebLink About2015-446-E AMS - Terracon Consultants, Inc. for testing of construction materials for Cedar Grove Comm. Center $2,982 DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER 550,000 ORANGE COUNTY THIS CONSTRucriON AGREEMENT (liereinafter "A, reement"), is made and entered into this 17th day of August, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Terracon Consultants, Inc. (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and sub7ject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction set-vices to the Owner in accordance with the terms of this Agreement. I. TERM Beginning and ending dates of contract: August 17, 201.5 through March 31, 2016. The Project.Commencement Date shall be August 14, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed. two thousand nine hundred eighty two dollars ($2,982) 3. SERVICES Contractor, agrees to provide the following construction services (the "Work"'): construction material testing professional services for Cedear Grove Community Center, 5800 N I-jwy 86, Hillsborough, per attached proposal. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice: is disputed by Owner, then Owner may withhold payment of all or a portion of the arnount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fall to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised IW14 DocuSign Envelope ID:7A32F47E-0314-4268-B9A1-3143A24CC164 Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services Under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent ofthe Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30�) days' written notice to Contractor. ']'his or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General I.Jability Insurance,, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements ('each document is incorporated herein by reference and may be viewed at http://orans,lecoutitytic.L,,ov/purchasiiig contracts.as p). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. S. INDEMNIFICATION Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes ofaction, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law, 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. NON—APPROPRIATION Revased 10/W 2 DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to 61'CUmvent 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 Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such lin,fitation or change in Owner's legal authority. I1. DIGITAL SKJFNATURES This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the tern-is of the request for proposals shall have priority over the terms, of the proposal. 13. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. [SIGNATURE PA(iFTO FOUOWj Revised 10/14 3 DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGI�COUNTY CONTRACTOR ocuSigned by: DocuSigned by: By f!b6t&vuit' By — I County Manager Terracon 200 S. Cameron St. 2401 Brentwood Rd, Ste 107 P.O. Box 8181 Raleigh,NC Hillsborough,NC 27278 27604 Revised 10/14 4 DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 Irerratcon COST ESTIMATE MATERIALS TESTING SERVICES CEDAR GROVE COMMUNITY CENTER HILLSBOURGH, NORTH CAROLINA TERRACCIN PROPOSAL: 137015034611 ;t A s1r u ,anwr sntusitrad rwwew oftle pins e�unlerstan tMt,oir sres wM�li lirnuted r i�+�stnng� obseru�at�� pie�'ailninoxgto ullidun� eaupahs�on�,/repaur�� pafk�ng l�f/swd �alk Const�`UCtN�aM�� o�spa�lt Type of Services/Testing Samples Firs/Mile Mate Units Cost Task 1 - Soils/ Foundations Observations/Testing Field Technician (building turndown &footings) 2 5 $45.00 hour $450.00 Field Technician (site soils/stone proofrolls) 2 5 $45.00 hour $450.00 Project Manager (reports and review) 3 X $95.00 hour $285.00 Principal Engineer (reports and review) 1 x $135.00 hour $135,00, Clerical 1 x $45.00 hour $45,00 Vehicle Charges 5 100 $0.68 mile $340.00 Subtotal $1,705.00 Task 2- Concrete Observations/Testing msµ. Field Technician (building SOG &footings) 2 4 $45.00 hour $360.00 Field Technician (pickup cylinders) 2 3 $45.00 hour $270.00 Concrete cylinder lab testing (5 cyl/set x 2 sets) 10 X $14,00 each $140.00 Project Manager (reports and review) 2 X $95.00 hour $190.00 Clerical 1 x $45.00 hour $45.00 Vehicle Charges 4 100 $0.68 mile $272.00 Subtotal $1,277.010 Total Estimated Cast. $2,982.00 000uSign Envelope ID: rAnuF4rE-on14-4uso'oeA1'n14nAu4no1n4 I �rracon SPECIAL INSPECTIONS/ MATERIALS TESTING SERVICES UNIT RATE FEE SCHEDULE RALBGH, N,C. PERSON NEL/FI ELD SERVICES 1 Field Technician,per hour*....... .......-__..........___-_--...............-........... ...... $45l0 2. Special Inspector,per hour*... ....... ........ _-........... ......... .......... $68.00 3. Asphalt Inspector, per Wouc- .................... ...... --- ....... $65.00 ^. Structural Steel Technician,per hour-- ........ ------_-__-----_-......... $95-00 5. Certified Welding Inspector,per hour------ ... .... ............ -_........ ...........--- s95I0 m. Ultrasonic Testing,per hmu,*._-------- ............... ----_-----_--_- $95.00 r CoumgCrew', mer hom (Imcludesequipmem)----_-__-----_--------- *150.00 o NwrleaDonmuvoaugopexday----__-------_--_--_-------- $0.00 9. FlomFlatmesu]nspector, (OnsueWmeonly),per hour~....... _.......... .... .................. ....... s68.00 10. Floor Flatness and Levelness testing,equipment per day... ...... .....----...................... - $150.00 11. Field Engineer(Footing Evalum»ons . per hour---- ......... ........ ............... ............. s95.00 12. Project Manager, per hour-...... ....... ...... ........----__------- .............. � $95,00 13. C*oDSmpport, perhouc_-_..... _-_- ....... ....... _------ ............. ............ $6800 14� 8eniior Engineer,per hour.... .............. -...... ............. --- ......... ............... -_ ..... *125�00 15� Principal,per hou -_-------____-------___-_---_-----. $135��00 16. Clericoll,per hooc-- ...... ........ ............ -- ..............----- ....................____ $45,00 17, Direct Expemsem----_--_-- .................. ---- .......... ......... ...... .......... 115@ 18. Per Diem,per day _------___-_---------------------- $156,00 19 Mileage,per mU -----_-___-------__-------_-_---_-� $0�68 LABORATORY SERVICES 1, Percent Fines(Wash 2oosieve).each...,...'. -------_-_-----_------ $50,00 2, SimvoAnayIsis each----...- ..... .......-_..... - .................................._- ....... $75l0 1 Particle Size Analysis(With Hydrommten.each........ -.............. --__ ...... ......._ ....... $150.00 4. Natural Moisture Content Test,each.... ........... ---- ................ ......... ....... _...-.... $10�00 5. Attmrber$Linkts Test, ..........---_-_- .......... ....... --� $50.00 6, Standard Proctor CnmwoctionTestmmoh_---------_----- $125.00 7, Standard Proctor Compaction Test(with Rock cunmction),eaoh__-- .......__----- $13e.00 n. Modified Proctor Compaction Test,oac*_-..... ....... _-............. .............. ..........-' $145,00 a Modified Proctor Compaction Test(with Rock omnrectwn&each............. .................. ..... , $155,00 10, CBRTesmns per point........... ---------_ ................. .............. .............. ... $zoomo 11� Concrete Compressive Strength Testing of 4w8 or 6x1z inch Cylinders,mmoh ........ _--- $14,00 12. Concrete Compressive Strength Testing of Contractor made*xVmsx12 inch Cylinders,each $1e.00 11 Concrete Flexural Strength Testing ofsue,me inch Beams,each.................. ............... $oomm 14. Concrete Compressive Strength Teafingof Cores, each-...---__--- ...... __......- $55�00 15, Masonry Mortar Compressive Strength Testing or2^x2^Cubes,each--........ .................... $1e.00 16� Masonry Compressive Strength Testing of Grout Prisms,each.... -- ................. -- .... *50.00 17� Masonry Block Absorption and Compressive Strength,per set mw6......._...........................- $ssoon 18. Masonry Block Prism Compressive Strength,mac»- ...... ...... ........ .......- ...... - ...... g/mocm 19. Asphalt Core Specific Gravity(thickness and density)Testing,racw- ............. ... ---......' $50,00 am� Asphalt Maximum Theoretical Specific Gravity VRicc Temmmg,each ..... .................. ........... $22500 21, Asphalt Content(gurn)and Aggregate Gradation, each-.......... --............................. - ¢25000 ~Aminimurnmzhours will becharged for all field technician tirne, Increase hourly rate by 1.5 for services wWded on Saturday, w excess"an hours per day and/or Monday through Friday before/oaxw.m after 6:00 P.M.Increase hourly rate u'asfor services provided on,Sundays u,mumuays with a minimum charge*xzhours. Overtime is not applicable to engineering rates. vu4ectu^m/^istraamn rates are for report review,etc. Hourly charges will be billed portal toportal. Quoted rates will be effective throughout the project duration. DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 ............. --Irerracon- Reference Number: P70150346 AGREEMENT FOR SERVICES This AGREEMENT is between Orange County, NC ("Client")and Terracon Co�ns,ultants, Inc, ('"Consultant"')for Services to be provided by Consultant for Cliient on the Cedar Grove Community Canter project("Project"),as described in the Project Information section of Consultant's Proposal darted 0611$12015 ("Proposal")unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is incorporated into this Agreement). 1. Scope of Services.The scope of Consultant'"s services is described in the Scope of Services section of the Proposal("Services"), unless Services are otherwise described in Exhibit B to this Agreement(which section or exhibit is incorporated into thus Agreernent). Portions of the Services may be subcontracted'. Consullant`s Services do not include the investigation or detection of, nor do reconirnaendatlons in Consultant's reports address the presence or prevention of biological pollutants(e,g.,mold,fungi, bacteria,viruses,or their byproducts)or occupant safety issues,such as vulnerability to natural disasters, terrorism, or violence, If Services include purchase of software, Chent will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services, 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request" both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional tennns and conditions may be added or changed only by written amendment to[his Agreement signed by both parties. In the event Client oases a purchase order or other form to administer this Agreement„the use of such form shah be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate his Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to t't7e date of termination plus reasonable costs of closing the project. 3. Change Orders.Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client 'a statement (or supplemental proposal) of the change setting, forth an adjustment to the Services aind lees for the requested changes, Following Client's review, Client shall provide written acceptance. If Client daces not follow these procedures, but instead directs, authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule, If project conditions change raaaterially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee.. 4. Compensation and Terms of (Payment. Client shall pay compensation for the Services performed at the lees stated in the Compensation section of the(Proposal unless fees are otherwise stated in Exhibit C to this Agreement(which section or Exhibit is incorporated into this Agreement).if not stated in either,fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sates tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment.Is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below,within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older.Client agrees to pay all coifection-related casts that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage frorn that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in lane with prevailing wages. Client also agrees to defend, indemnify" and! hold harmless Consultant from any alleged violations made by any governmentat agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of any fines or penalties. S. Third Party Reliance.:This Agreement and the Services provided are for Consultant and Client's sole benefit arid exclusive use with no third party beneficiaries intended. Refiance upon the Services and any work product is limited to Client, and is not intended for third) parties. For a limited time period not to exceed three months from the date of the report,.Consultant will issue additional reports to others agreed upon with Client,however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the agreed-upon reliance fee.. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY'OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES)TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $10,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICE'S OR THIS AGREEMENT, PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION, THIS LIMITATION SHALL APPLY' REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE„ CAUSE(S)OR THE THEORY OF LIABILITY„INCLUDING NEGLIGENCE,INDEMNITY,OR OTHER RECOVERY" THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims,posses,darriages"and expenses to the extent such claims, losses,d'.amages, or expenses are legally determined to be caused by their negligent acts,errors,or omissions,in the event such claims,losses,damages,or expenses are legally determined to be Caused by the joint or Concurrent negligence of Consultant and Client,they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party,and no duty to defend is hereby created by this indernnnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant,'s services or this Agreement regardless of cause(s)or the theory of liability,Including negligence,indemnity or other recovery shalt be deemed to have accrued and the applicable statute of linnitations shall commence to run not later than the date of Consultant's substantial completion of services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A(PARTICULAR PURPOSE. R. insurance, Consultant represents that it now carries,and will continue to carry: (r)workers'compensation insurance in accordance with the laws of Vie states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liabiily insurance ($1,000,000), (ii) commercial generat liability insurance($1,000.0100 occ 1$2,000,000,agg); (iii)automobile liability insurance($1,000,000 B.I.and P.D.combined single Page 1 of 2 Rev.3.14 DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 Ireirracon, limit); and(N)professional liability insurance($1,000,000 claim I a:gg), Certificates of insurance swill be provided upon request.Chent and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE, LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS,OR SER'VIC'ES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUN'IT11/E,OR EXEMPLARY DAMAGES.. 11. Dispute Resolution. Client shall not be entitled to assent a Claire against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion tram a registered, independent,and reputable engineer,architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shalt provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall'be governed by and construed according to Kansas law. 1 . Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits,or other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant wilt take reasonable precautions to reduce damage to the site when performing .Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site.Site restoration is not provided unless specifically inctuded in the Services, 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures,and that such procedures indicate conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based'on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce- not eliminate-project risk.. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor)for requesting services,and notifying and scheduling Consultant so Consultant can perform these Services.Consultant is not responsible for damages caused by services not performed due to a failure to request or schedule Consultant's services., Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents,and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. 14. Sample Disposition, Affected Materials, and indemnity.Samples are consumed in testing or disposed of upon completion of tests(unless stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ('Affected Materials') at or near the site„ and shall immediately transmit new, updated, or revised information as i DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 AC"R"' CERTIFICATE �� M4BM� TY INSURANCE DATE(MMODNYYY) 1r /201 2/12/2014 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 IN$URER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED,the policy(iesj must be endorsed. It 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 endorsement(s). PRODUCER LocktOn Companies 444 W,47th StleeT,Suite 900 AIC M Eat: Arc No): Kansas City O 64112.1906 E-MAUL (816)960-90 I'00 INSURERfSl AFFORDING COVERAGE NAIC# INSURERA'. AIG S Specialty C onipatny 26883 INSURED TERRACIONCONSULTANTS,INC. INSURER 8: I"ru+"clefts'Pr<alr. C"auakv^CoofA.enn 25674 1312893 2401 BRENTWOOD ROAD INSURER C: The'fravder5 Inderrinity C."ornpany 2.5658 RALEIGH NC 27604 INS REH • T.a'-Mn9ICtlt Ttl,`ttar�IQCCC"alntrosut! 19,132 INSURER F; COVERAGES-I""rRC 000 CERTIFICATE NUMBER: 13010717 (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 CCNOII'ION 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, INSR. ADDL SU8R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE q POLICY NUMBER N LlMrrs A X COMMERCIAL GENERAL LIABILITY tilr N PROP 3779274 1/l/2015 1/I/2016 EACH OCCURRENCE 1,000,000 CLA M,ISMAtTE[-X—]OCCUR PAMA,r ETORENTED m:... 1 M00,000.,,,. X (ON-]R'L LIABILTI`Y MET)EXP Any a he prersw,i s 25,000 PERSONAL tt.AOV INJURY $ 1.,000,000 GEN`L AGGREGATE LIMIT APPIAE:S PE',R. GENERAL AGGREGATE $ 2,000,000 PaLic.;YLJJET PRODIUCTS-CO'MWOPAGG $ 2,000„000 OTHER $ F;... AUTOMOBILE LIABILITY Y N .T"C2J-f"rr P-131. 858 11I/2015 P1/'2(Y1 a %X1, E tSINGLE LIMIT °"9TAF131J3I15 llI/2G13 III2tGC ' $ 1,000,000 I ANY BODILY $ .. XXX.X.r�`t'.X.,S' ALL OWNED SCHEDULED AUU705 AUTCrs BODILY INJURY(Per accident $ XXXXX,�n.X NONO`,I4+'NED P'RC3PERTYDAMAGE $ ;'K;XXX.X.XX. X HIRED AUTOS X AUTOS R r-rar r nt XXXXXX UMBRELLA.LIAR OCCUR EACH OCCURRENCE $ XxXX X.X. EXCESSLiA,S CLAIMS-MADE NOT APPLICABLE AGGREGATE X.X.XXX:X.X CEO I I RETENTION$ $ C WORKERS COMPENSATION TRRCJTII3I.T.I34Crls Al,I�f61, A 1/1120 1 l/1d3I71T STATUTE aER oTri- ANO EMPLOYERS"LIABILITY 1�ii C” YrN °TC.2KU1T1:3I.IT74215TAOS1 1fl120Iti Ift/ (JIG nnu°r CEWM ETOErtaa�LU0E':xECUTIVE E:x EACH ArD��ICrem7 1,N'TtITT CT N(T It crt-a:LrtrnrESrriLr.HxcautDE�o1 � NIA Tt 2K1S1313I7I7421S(C"A) 1/Id2tII5 Il1!'2fYlei �" (M=as ry,r NHI L.rai EASE-EA EMPLOYEE 1,0(10,000 V ESCRPTecnm c,I°0 EPATl S k.,a— Lr CHSEASF-POUCY LIMIT I J)00,000 0 D �OFESSIONAL 1 N 200312.16 1/1/2015 1/1/211" �SI000000 CH71(71-AIM .1 ANNUAL DESCRIPTION OF OPERATIONS U LOCATIONS J VEHICLES(Attach ACORO tot„Additional Remarks Schedule„may he attached It more space Is required) RE PROJECT THE x141111 1"",D BUILD NG Pv EET11'tiO ROOM AND PARKING LOT ORANGE C O[J'N'T Y IS AN AD'DrFICINA'L.INStJRL''.I':)AS RESPECTS CII'':a.IVERAI,AND AI1TO LIABILITY,AS REQUIRED BY WRITTEN N C,ON I RACT CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED iBEFORE THE EXPIRATION DATE.THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS,. 13010717 AUTHORIZED REPRESENTATIVE ORANGE COUNTY P,O.BOX 8181 HILLSBOROUGH NC 2`7276 iI AC RD 2 2014/01 Cl1 8-20 4 ACORD CORPORATION.MION. –_ O, 5( � ANN frights reserved The AC'ORD name and logo are registered marts of ACORD DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 Forms a part of Policy No:: PROP 3779274 Issued to: TERRACO�N CONSULTANTS, INC. By:AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED ENTITY PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY It is hereby agreed that solely as respects COVERAGE A. -BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B.,-PERSONAL AND ADVERTISING INJURY LIABILITY, SECTION 11. -WHO IS AN INSURED is amended to include as an additional insured the person(s),or organizafion(s) shown in the Schedule below, but only with respect to liability for bodily injury, property, damage or personal and advertising injury arising out of ongoing operations performed by you or on your behalf for that insured or caused, in whole or in part, by your work performed for that additional insured and included in the products-completed operations hazard. Coverage is not afforded for the additional insured's own,liability which arises solely out of its acts or omissions. In the event that a written contract,written agreement or permit requires this insurance to be primary for any person or organization with whom you agreed, this insurance shall be primary and we will not seek contributions from any such other insurance issued to such person or organization provided that such written contract,written agreement or permit is executed prior to the occurrence or offense. The entities scheduled above are covered under this Policy only for limits of liability up to but not exceeding the arI required by the written contract with the insured and subject to the limits of flability of this Policy. SCHEDULE Name of Additional Insured persons) or Organization(s): Where Required by Written Contract AIII other terms, conditions and exclusions shall remain the same, 110029 (10/11) PAGE 1 OF 1 015074 MiscellaneOUs Attachment : N,1482524 Ccrlificwc 11) : 13010717 DocuSign Envelope ID:7A32F47E-0314-4268-B9A1-3143A24CC164 COMMERCIAL AUTO Policy #:TC2,J-CAP-13IJ3858 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM VVfth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section 11 -Liability Coverage, Paragraph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the"bodily injury"or"property damage" occurs and that is in effect during the policy period is an "insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Section 11, Miscellaneous Attachment :M451649 Certilicate 111) : 13010717