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HomeMy WebLinkAbout2015-502-E DEAPR - Summit Design and Engineering Services, PLLC for topographical work, tree survey work 000uSign Envelope ID: oo5137o8eFo4-4on2 oEo7-5o14nAEeoosA [Departmental Use Only] TITLE Topo Work-Fairview Park FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, noudc and entered into this fourteenth day of September, 2015, ("Effective Z}ato^`) by and between ()range County, North Carolina, u body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first pad; and Summit Design and Engineering Services, pL[.0 (the "Providcr"),party o[the second part; WI1CNES0ET]0: For the purpose and subject to the terms and conditions bezeiumhor set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being ofthe essence: The services and/or 0001eriulu (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as fbi|ov/m: Topographic and Tree Survey Work for Fairview Park Phase D Parking Area and Driveway The term of this agreement rendered shall be from September 2 1",2015 to October 2 I't,2015. Provider represents and agrees that Provider is qualified 1operform and fully oupuh|s of performing and providing the services required or necessary under this Agreement in u fully competent, professional and timely manner 1othe satisfaction of the County. Provider shall be responsible for all errors oromissions, in the performance of the Agreement. Provider abaU correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts atno additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to he provided in this /\g7eenuout` nor shall Provider ummiAu any right or responsibility granted or required hy this Agreement,without the prior written approval of the County. SPECIFIC TERMS I Paymen : The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County nbu]| not exceed three thousand two hundred and fiOv dollars, ($3,250). Payment ohu]i be made within thirty (30) days of an invoice properly submitted to County. Should Provider bd| to perform its duties under the terms of this Agreement, County may, vvkbou1 fault or penalty, withhold any pu}nuort associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure bv County u1 any time to require the performance hv Provider ofany of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor mhuU any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. ]i Independent Contractor: The Provider shall operate as an independent contractor and the County ubaU not be responsible for any oythe Provider's acts or omissions. The Provider shall not hetreated as on employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider abuO obtain, at its mole expense, Cununueroiu| General Liability Insurance, Automobile Insurance, YVo,kcry" Compensation Insurance, and any additional insurance as may be /eqnircdby (}vvucr`o Risk Manager ua such insurance requirements are described in the Orange County Revised 10/14 DocuSign Envelope ID: DD5137D8-OFB4-4BO2-BEB7-5B14OAE9CD6A Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at h11.p://o.ra pi �ggntyiv,, 41\f/ ti rh, If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. 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. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. 10. 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 jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID: DD5137D8-OFB4-4BO2-BEB7-5B14OAE9CD6A IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PRO ER DocuSigned by: DocuSigned b By By f?qaA�j suit 0 $ 4. Eger 9/17/2015 7g10F3819DF6423... 9/15/2015 200 S. Cameron St. P.O. Box 8181 Hillsborough,NC 27278 Revised 10/14 000uSign Envelope ID: oo5137o8eFo4-4on2 oEo7-5o14nAEeoosA SUT K9.7313883 S"117-84IGNOLCOM September 70i28l5 Proposal No.:Yl34-l5-OnzngeCo,FoimiewPark Site: Ao shown onGIS markup pdf "Fairview Park Additional Survey Work Areas" dated7/29/2015 provided by Marabeth Carr,Orange County Department of Environment,Agriculture, Parks and Recreation as follows: West area:Orange Co. PIN 9865735223. PBlO8/l57 Part of"Area D" Approximately 2 acres. Update tree survey, East area: Orange Co. PIN 98658l698O' P8l04/lY4 Part of "CRemoinder" Approximately 3 acres.Topu and tree survey. See Summit Projects 040Y6'O7O63. 10{373. Thank you for extending Summit Design and Engineering Services, PLLC the opportunity to provide Survey services for the site referenced above. A scope of services in association with this project isosfollows: Scope of Basic Services: • Topographic survey at I-foof contour interval. Utilize previous topographic data by Summit where pnootiuoi • Spot elevations at 25' intervals along walking path from tennis courts to first base baseball field • Establish permanent benchmark. • Orient to existing boundary lines. • Research zoning information,setbacks,h0htof-woys'easements. • Locate structures and paved areas, utilities (above and below ground). • Research flood plain limits. • Locate perennial and intermittent streams as observable and/or by delineation provided by client. • Locoteout|ineofoUwoodedoreoso|ongwithiden1ificotionofoUdeoiduoustmesl2'' inoo|iperondover ox well os all evergreen trees 24'' in caliper and over. Utilities location will be limited to what is visible, readily accessible and/or as marked by NC 1 Call and/or Utility Locator Service investigation provided byclient. Results of survey to be provided to client as signed,sealed hard copy and AutoCad file. The survey scope of services for this project will be billed on a lump sum fee basis.The monthly billing will be based on the amount of work completed during the previous month. Summit has developed the lump sum fee for the survey services based on the available infunnatiun, our professional experience and the scope of services shown above. The Lump Sum fee for survey services and project management for this project is$3250. Any work performed outside the scope of services will be considered extra work. No extra work shall be performed without written authorized Change Order.All extra work will be billed on an hourly basis in accordance with the attached Standard Rate Sheet. Expenses and/or outside services will be billed at 1.15 times our direct cost and are not included in the fee. To authorize this proposal,please sign the attached contract. Should you have any questions or concerns, please contact meot (919) 732-3883. Upon receipt of signed proposal &contract,initial control work could begin within 4D hours. Professional services are to be invoiced monthly and payment due upon receipt. Cordially, om�/*^m"���n�m ���°H0~ McCarthy Sunnm�D*n�nand EnginaehngSe��es' PLLC �� U���am omcn~wliamMcCarthy, o=Summit Design mEnm"eenng, ou~Su~ey Department, "m"n=°m°=mc".�h �"mm� William McCarthy, P0 McCart �et,c=US Project Manager Date:201u9.1",5:48:,9-04'00' Visit our web site at www,sunirrOde.net for a complete listing of Professional Service 000uSign Envelope ID: oo5137o8eFo4-4on2 oEo7-5o14nAEeoosA J3SUMt*11T DESIGN AND ENGINEERING SERVICES Standard Contract for Professional Services Client Name Orange County Project Number Address Department of Environment, Agriculture,_ Pa and Recreation Project Location Qron County PIN 306A Revere Rd. PO Box 8l8l 9865765229, 9865810988 Hillsborough, Part Of Area[) PBlO0/|57 Contact 01urabcihCarc Part ofC Remainder PBl04/|94 Phone 919.245.2510 E-mail Proposal No.: V134-05 Description ofWork Survey Services shall be provided in accordance with Summit Design & Engineering Proposal dated 09/10/2015 for the Fixed Fee amount shown below. All work performed outside of the afore mentioned Scope ofServices shall be considered Extra Work and shall be performed upon written authorization in accordance with the attached Standard Rates and the Extra WorkJ Change Order Authorization Form. The Summit Design &Engineering Proposal dated 09/10/2015, Standard Unit Rates and the Extra Work/Change Order Authorization Form are hereby incorporated into this contract by reference. Fee Schedule �� �� FixodFcc-/\mount: $3250.00 F-1 Hourly Billable Rates Expenses and/or outside services will be billed at 1.15 times our direct cost and are not included in the fee schedule options shown above. As a policy, Summit Design and Engineering Services, PLLC does not bill for mileage (with the exception of CEI & Geotechnical Services), in-house reproductions, or in-house postage. Payment Conditions: Summit reserves the right to stop work for non-payment. Invoices must bepaid in full before final documents are submitted. �-7 Retainer amount: Tobo billed upon completion with payment due upon receipt. Z To bo billed monthly with payment due upon receipt. All past due invoices are subject t*u service charge of\.5%per month. This proposal is valid for 30 days from the date it is signed by Summit. (Page I ^cs) DocuSign Envelope ID: DD5137D8-OFB4-4BO2-BEB7-5B14OAE9CD6A TERMS AND CONDITIONS ARTICLF is CLiENT's RESPONSIBILITIES Summit shall not be required to make continuous or exhaustive inspections to check the A) Client's Representative: The Client shall appoint a representative quantity and quality of the Work nor shall Summit be responsible for the Contractor's authorized to act on the Client's behalf with respect to the Project. The Client or failure to perform the Work in accordance with the Contract Documents. its representative shall make decisions in a timely manner regarding all aspects of 2)Work Site Safety: Client agrees that Summit shall not supervise or direct,or have any the Project, shall examine documents submitted by Summit Design and responsibility for, control over or charge of, the Contractors' work or the construction Engineering Services, PLLC (hereinafter referred to as Summit) and render means, methods, techniques, sequences or procedures, or for the work site safety decisions in a timely manner to avoid unreasonable delay in the orderly and precautions or programs in connection with the Work.These rights and responsibilities are sequential progress of Summit's services and the Project schedule accepted by solely those of the party or parties performing the actual construction of the Project. Client. Neither the professional activities of Summit,nor the presence of Summit personnel and B) Client's Program and Budget Requirements: Client shall provide Summit subconsultants at the construction site,shall relieve the Contractors and any other entity of full information in a timely manner regarding all its requirements for the Project their obligations, duties and responsibilities including, but not limited to, construction including its objectives, schedule, criteria, constraints and budget including means, methods, sequence, techniques or procedures necessary for performing, reasonable contingencies. superintending or coordinating all portions of the Work safely and in accordance with any C) Right of Entry: Client shall provide right of entry for Summit, its staff, health or safety requirements of any regulatory agency.The Client agrees that the Client, subconsultants,and all necessary equipment to complete the Work. Summit will Summit and its subconsultants shall be indemnified by the Contractors and shall be made take reasonable precautions to minimize damage to property. Client understands additional insureds under the Contractors'general,umbrella and excess liability insurance that in the normal course of work some damage may occur, the correction of policies. which is not part of this Agreement. 3) Submittals and Shop Drawings: If the Scope of Services includes the review of D) Required Information: Client will furnish Summit all information, Contractor submittals and shop drawings,then Summit will review such submittals and requirements, data, reports, surveys and instructions required to complete the shop drawings for the limited purpose of checking for conformance with the design Scope of Services, including identifying the type and location of underground concept expressed and the information provided in the Construction Documents. This improvements and utilities, and all existing conditions. Summit shall have the review shall not include review of the accuracy or completeness of details,, such as right to rely upon the completeness and accuracy of such information. Client quantities, dimensions, weights or gauges, fabrication processes, construction means or acknowledges that certain assumptions will be made regarding existing conditions methods,coordination of the work with other trades or construction safety precautions,all that cannot be verified without destruction or damage to existing facilities.To the of which are the responsibility of the Contractors. The review shall be conducted with fullest extent permitted by law,Client agrees to waive all claims against,and to reasonable promptness while allowing sufficient time in Summit's judgment to permit hold harmless and indemnify, Summit and its subconsultants, for damages to adequate review. Review of a specific item shall not indicate that Summit has reviewed underground improvements and utilities and for any costs associated with the entire assembly of which the item is a component. Summit shall not be responsible for undisclosed existing conditions. any deviations from the Contract Documents not brought to its attention in writing by the E) Invoices: Summit will render invoices every thirty days. Payment is due Contractor. Summit shall not be required to review partial submissions or those for which upon presentation of invoice and is past due thirty(30)days from invoice date. submissions of correlated items have not been received. Client agrees to pay a service charge of one and one half percent (I%2%) per 4)Requests for Clarification or Interpretation: Summit shall provide,with reasonable month,or the maximum rate allowed by law,on past due accounts. Payment of promptness, written responses to requests from Contractors for clarification and invoices shall not be subject to any discounts,set-offs,or backcharges by Client interpretation of the requirements of the Contract Documents. If such requests for unless agreed to in writing by Summit. Client shall pay all costs,expenses,and information, clarification or interpretation are, in Summit's professional opinion, for distributions, including collection agency fees and expenses, court costs and information readily apparent from reasonable observation of field conditions or a review reasonable attorneys' fees incurred by Summit, in the event collection or legal of the Contract Documents,or reasonably inferable therefrom,Summit shall be entitled to processes are employed to collect outstanding bills. additional compensation at its regular billing rates for its time spent responding to such F) Sales Tax: Client will pay any applicable sales tax whenever deemed to be requests. due. Payment terms are exclusive of sales tax. 5) Record Documents: If required by the Scope of Services, upon completion of the G)Non-Solicitation:Throughout the course of the working contract,and Work, Summit shall compile for and deliver to the Client a reproducible set of Record subsequently on year thereafter as described herein the Client shall not solicit Documents conforming to the marked-up prints, drawings and other data furnished to for employment,nor employ,hire or promote the voluntary termination of any Summit by the Contractor. This set of Record Documents will show significant changes Summit Employee. made during construction. Because these Record Documents are based on unverified ARTICLE II: SUMMIT'S RFSPONSIBILITIES information provided by other parties that Summit will assume to be reliable, Summit cannot and does not warrant their accuracy. A) Standard of Care. Summit shall perform the services called for by this E) Insurance: Summit shall maintain worker's compensation insurance required by law. Agreement with the level of care and skill ordinarily exercised by members of the Summit represents and warrants that it maintains general liability and property damage same professions currently practicing under similar conditions. No other insurance. Certificates for such policies shall be provided to Client upon written request, warranty, expressed or implied, is made. Client acknowledges that increased Client shall maintain at its own cost and expense, its own general liability and property costs and changes may be required due to omission, ambiguities and damage insurance. Client and Summit waive all rights against each other and Summit's inconsistencies in the drawings and specifications. Client agrees to set aside a subconsultants, agents and employees for damages caused by any peril to the extent contingency of at least 3%of the Project construction cost to pay for these costs covered by the property insurance maintained by Client,except to the extent such proceeds and changes. Client further agrees it will make no claims against Summit for any are held by Client as trustee. This waiver of subrogation shall be effective as to a person such costs and changes covered by such contingency fund, or entity even though that person or entity would otherwise have a duty of indemnification, B) Compliance with Laws, Codes and Standards: Consistent with the contractual or otherwise, did not pay the insurance premium directly or indirectly, and professional standard of care, Summit will comply with laws, codes, and whether or not the person or entity had an insurable interest in the property damaged. standards applicable to the Project design as of the effective date of this Agreement or the issuance of the construction plans and specifications,whichever Article III:General Legal Provisions is later. A) Ownership of Documents: Drawings, specifications, and all other documents C) Certifications: Summit shall sign,if requested by Client,a statement that to prepared by Summit or its subconsultants,including those in electronic form(collectively the best of its knowledge, information and belief,based in whole or in part on "Design Documents") are instruments of service. Summit shall retain all common law, information provided by others,the accuracy of which has not been verified,that statutory and other reserved rights,including copyright thereto. The Design Documents, the Project has been completed in general conformance with the plans and including those in electronic form are furnished for use solely with respect to this specifications. Summit shall not be required to sign any documents,no matter by Agreement. Client is permitted to retain copies of the Design Documents,including those whom requested,in which Summit is required to certify,guarantee or warrant the in electronic form,for information and reference in connection with the Project. Client existence of conditions the existence of which Summit has not or cannot ascertain. shall not use the Design Documents, including those in electronic form furnished by D) Construction Phase Services: If construction phase services are required in Summit or its subconsultants on other projects, for additions to this Project, or for the the Scope of Services,the following terms shall apply: completion of this Project by others,without the express written consent of Summit. Any 1)Site Observation: If site observation visits are to be provided by Summit, reuse without written consent shall be at Client's risk and full legal responsibility. Summit shall visit the site at intervals appropriate to the stage of the B) Client agrees to hold harmless and indemnify Summit and its subconsultants from any construction,or as otherwise expressly agreed to in the Scope of Services,in and all claims, suits, demands, damages, liabilities, and costs, including reasonable order to observe the progress and quality of the work completed by the attorney fees,arising from such reuse. contractor. Such observation is not meant to be an exhaustive check or a C) Retention of Documents: Summit will retain, pursuant to its usual document detailed inspection of the contractor's work but rather to allow Summit to retention policy,records relating to the Work for a period of three(3)years following become generally familiar with the progress of the Work and to determine in completion of the Work. During this period,records will be made available to the Client general if the work is being performed in a manner indicating that,when fully at Summit's offices during normal business hours upon seven(7)day's notice, completed, the work will be in accordance with the Contract Documents. (Page 2 of 3) DocuSign Envelope ID: DD5137D8-OFB4-4BO2-BEB7-5B14OAE9CD6A D) Asbestos and hazardous Materials: Unless otherwise specifically provided limitation and repose shall commence to run at the earlier of either the date of Substantial in the Scope of Services, Summit and its subconsultants shall have no Completion of the Project or the date Summit's services are substantially complete. responsibility for the discovery, presence, handling, removal, or disposal of H) Assigns: Neither the client nor Summit may delegate,assign,or transfer his duties or asbestos or hazardous or toxic materials. interest in this Agreement without consent of the other party,except Summit may in its ETermination and Suspension: This Agreement may be terminated by either discretion utilize qualified subconsultants in the performance of the Scope of Services, party upon seven(7)days written notice in the event of substantial failure by the I)Force Majeure:Neither party to this Agreement shall be liable to the other for delays in other party to perform in accordance with the terms hereof. Such termination performing the obligations called for by this Agreement,or the direct and indirect costs shall not be effective if the substantial failure is remedied before expiration of the resulting from such delays,that are caused by labor strikes,riots,war,acts of government seven(7)days. Client's failure to pay invoices within thirty (30)days shall be authorities, extraordinary weather conditions or other natural catastrophe, or any other deemed a substantial failure to perform. In such event, Summit may terminate cause beyond the reasonable control or contemplation of either party. this Agreement or immediately suspend the performance of services until such J) No Third-Party Beneficiaries: Nothing in this Agreement shall create a contractual failure has been cured. The Client may terminate this Agreement for its relationship with or give any right or benefit to any third party. convenience upon fourteen(14)days written notice. In the event of a termination K) Severability,Reformation and Survival:If any provision in this Agreement is held for convenience,Client will pay Summit for services performed to the termination invalid,illegal,or unenforceable,the enforceability of the remaining provisions shall not effective date plus reasonable termination expenses within ten(10)calendar days be impaired thereby. The invalid,illegal or unenforceable provision shall be replaced by a of receipt of a final invoice. mutually acceptable provision,which,being valid,legal and enforceable,comes closest to In the event the project,or any phase of it is delayed for reasons beyond Summit's the parties' intention underlying the invalid, illegal or unenforceable provision. control,unbilled work will be invoiced at the standard hourly rates for the actual Limitations of liability, indemnities, and other express representations shall survive number of hours expended. Completed phases will be billed at fees quoted termination of this Agreement for any cause. herein. L) Risk Allocation/Limitation of Liability_Client and Summit have discussed the risks, E) Disputes: In an effort to resolve any conflicts that arise during the design or rewards,and the benefit of the project and Summit's total fee for services. The risks have construction of the Project or after completion of the Project,all claims,disputes, been allocated such that the Client agrees that to the fullest extent permitted by law, or other matters in question between the parties to this Agreement that arise out of Summit's total liability to Client and construction contractors and subcontractors for any or relate to this Agreement or the breach thereof shall be submitted to nonbinding and all injuries,claims,losses,expenses,damages or claims expenses arising out of this mediation before a neutral third-party mediator acceptable to both parties. Such Agreement from any cause or causes, is Iimited to and shall not exceed Summit's fee or mediation shall be a condition precedent to the commencement of any legal action $250,000 whichever is smaller. Such causes include but are not limited to design arising out of this Agreement except those legal proceedings related to Client's professional's negligence, negligent misrepresentation, errors, omissions, strict liability failure to pay. and breach of contract.Higher limits of liability are available for a negotiated fee. The mediation shall be conducted in accordance with the Construction M) Indemnification: To the fullest extent permitted by law,Client agrees to indemnify Industry Mediation Rules of the American Arbitration Association currently in and hold harmless Summit,its officers,directors, employees,agents,and subconsultants effect unless the parties agree otherwise. The cost of the mediator shall be bome from all claims, damages, injuries, liabilities, costs and expenses, including reasonable equally by the parties.A demand for mediation shall be made within a reasonable attorneys fees arising from or claimed to arise from the acts,omissions,negligence,fault, time after the claim, dispute or other matter has arisen. In no event shall such breach of contract,breach of warranty,or strict liability of Client or its employees,agents, demand be made after the date applicable statutes of limitation or repose would contractors and subcontractors. bar a legal or equitable action based on such claim,dispute or other matter. N) Consequential Damages:Notwithstanding any other provision of this Agreement and In the event of litigation relating to the sufficiency or adequacy of to the fullest extent permitted by law,neither Client nor Summit shall be liable for any performance of services called for by this Agreement, should Summit obtain a consequential damages incurred due to the fault of the other party regardless of the nature judgment dismissing Client's action or claim or other resolution wherein Summit of the fault or whether it was committed by Client, Summit, their employees, agents, is not required to make compensation to Client in excess of its final offer made to subconsultants or subcontractors. Consequential damages include,but are not limited to, Client in the mediation,Summit shall be entitled to recover all costs incurred in loss of use and loss of profit. the defense of the claim including staff time,court costs,expert witness fees,and 0) Complete Agreement:This Agreement constitutes the entire agreement between the reasonable attorneys'fees,and other claim related expenses. parties hereto and supersedes all previous understandings and agreements with respect to F) Choice of LawNenue: This Agreement shall be governed by the laws of the Project or any of the provisions hereof. No statement, promise, condition, the state in which the Summit office identified below is located,without regard understanding,inducement,or representation,oral or written,expressed or implied,which to its law of conflict of laws.Any legal action or proceeding shall be venued in is not contained herein shall be binding or valid and this Agreement shall not be changed, the State or Federal Court nearest the municipality in which Summit's office is modified or altered in any manner except by an instrument in writing executed by the located, parties hereto, G) Statute of Limitations/Repose: Causes of action pertaining to this Agreement shall be deemed to have accrued and the applicable statutes of By signing this Agreement,you are consenting to the'Perms and Conditions set forth herein. Please retain a copy for°yourself and return the signed Original to Summit Design and Engineering.Services,PLLC Client: Orange County Summit Design and Engineering Services Address: 504 Meadowland Drive City/State: Hillsborough,NC 27278 By: [SIGN] By: [SIGN] (Print Name) (Print Name) Date: Date: Proposal No.: V134-15. 09/10/2015. (Page 3 of 3) DocuSign Envelope ID: DD5137D8-OFB4-4802-BEB7-5B140AE9CD6A USUHt*-11T DESIGN AND ENGIN ERING SERVICES 2015 Survey Standard Rates Unit Rate Project Manager $135 Senior Project Surveyor $125 Project Surveyor $90 CADD Draft er $80 1 Man Survey Crew $66 2 an Survey Crew $132 3 an Survey Crew $150 Direct Expenses Cost+15% Overtime- Weekdays before 8:00 am&after 5:00pm&Saturdays-1.5 x Standard Rate Sundays&Company Holidays-2 times standard rate All Rates are billed on a portal-to-portal basis DocuSign Envelope ID: DD5137D8-OFB4-4BO2-BEB7-5B14OAE9CD6A CORDrn CERTIFICATE OF LIABILITY INSURANCE /DD/YYYY)DATE 121.52— PRODUCER THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PROFESSIONAL DESIGN INS MGMT CORP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 501130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Indianapolis, IN 46250 (317) 570-6945 INSURERS AFFORDING COVERAGE NAIC# INSURED Summit Design and Engineering Services, INSURER A: starr, surplus Limes Insurance Company 504 Meadowland Drive INSURER B: Hillsborough, NC 27278 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOWHAVE 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR WD1 POLICY EFFECTIVE POLICY EXPIRATION LTR NSRO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MWDD1YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ REIqTED- COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ —I CLAIMSMADE FIOCCUR M ED EXP(Anyone person) $ [PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PRO- POLICY LOC —I LIJECT r AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO (Ea accident) ALLOWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AOCCUR 1-1 CLAIMSMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WU S I ATT--j TH_ WORKERS COMPENSATION AND TORY LIMITS I JOER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ Ifyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT OTHER A Profes ional.1,iak)ilit.y SLSLPR02623801.5 4/2/2015 4/2/201.6 $1,000,000 limit each claim C-t-t- 1-bility $2,000,000 in -the aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Orange County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Department of Environment.,Agriculture, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO[DO SO SHALL Parks and Recreation IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 306A Revere Rd , PO Box 8181 REPRESENTATIVES. Hillsborough NC 27278 AUTHORIZED REPRESENTAX,,, 4–B I I w—chry ZaE25(2001108) U ACORD CORPORATION 1988— DocuSign Envelope ID: DD5137D8-OFB4-4BO2-BEB7-5B14OAE9CD6A ACC?RIDO CERTIFICATE OF LIABILITY INSURANCE® DATE(MM/DD/YYYY) 9/8/2015 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 endorsement(s). PRODUCER CONTACT Ellen Walker NAME: AX Business Insurers of Carolinas PHONE , (919)968-4611 AIC No:(919)968-8991 800 Eastowne Drive, Suite 208 ADDR1ESS:ewalker @business-insurers.com PO BOX 2536 INSURERS AFFORDING COVERAGE NAIL# Chapel Hill NC 27515-2536 INSURERA:Ohio Security A XV 24082 INSURED INSURERB:PeerleSS Indemnity Ins CO A XV 13333 Summit Design And Engineering Services Pllc INSURERC:Ohio Casualty Ins Co A XV 24074 504 Meadowlands Dr INSURERD: INSURER E: Hillsborough NC 27278 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1533112595 REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/MY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY -PREMISES(Ea occurrence) $ 300,000 A CLAIMS-MADE a OCCUR BKS55764212 1/1/2015 1/1/2016 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 B Ix ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED A8907831 4/2/2015 4/2/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS X AUTO-SWNED Pe a cidentDAMAGE $ Ex enence Mod Factor 2 $ X UMBRELLA LIAB X__ OCCUR Unib excess over GL,Auto & EACH OCCURRENCE $ 6,000,000 C EXCESS LIAB CLAIMS-MADE WC AGGREGATE $ 6,000,000 DIED I X I RETENTION$ 10,00C US055764212 1/1/2015 1/1/2016 $ A WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N X Y LIM ANY PROPRIETOR/PARTNER/EXECUTIVE® N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) S55764212 1/1/2015 1/1/2016 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Dept of Environment, ACCORDANCE WITH THE POLICY PROVISIONS. Agriculture, Parks and Recreation 306 A Revere Road AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough, NC 27278 Ellen Walker/ELLEN ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25 rgmnn.Fi ni Thn Arr1Rr1 names and Innn aro r®nief®rnei markc of Anripi1