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Home My WebLink About2016-145-E DEAPR - Summit Design and Engineering Services, PLLC for soil borings 000wSWn Envelope ID: o10o4rAr-6o34-40 E8A8 [Departmental Use Only] TITLE Fairview Pk Soil Borings FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this twenty ODb day of January, 2016` ("Effective Z)a1m")hy and between Orange County,North Carolina, apo|hico|subdivision ofthe State of North Carolina, (the "County"), party ofthe first part; and Summit Design and Engineering Services, Pl~l.C (thc "Provider"), party of the second part; W8TNESSETD8: For the purpose and subject to the terms and conditions hereinafter set forth, the County bore6v contracts for the services of the Provider, and the Provider agrees to provide the 6o||ovviog services 1othe County bu accordance with the terms of this Agreement,time being ofthe essence: The services and/or mnu1cdmlo (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as fbUnvva: To provide moil borings for the future construction of parking area and driveway u1 Fairview Park. The term of this agreement rendered shall bo from January 25 t",2016 boMarob14 th,20|6. Provider represents and agrees that Provider ia qualified toperform and fully capable of performing and providing the services required or necessary under this Agreement in a fh)|v competent, professional and timely manner 0othe satisfaction of the Conuty. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider mbaU cooroi any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider uuaigu any dobt or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS [ Paymen : The County agrees to pay at the rates specified for Services uu1iu[kutod|y performed in accord with this Agreement. The amount to be paid by the County sbuU not exceed three thousand seven hundred dollars, ($3,780). Payment abuU be made within thirty (3O) days of an invoice yzuperiy submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault ocpenalty, withhold any payment associated with the work tu be performed until such time uo said work iacompleted. 2. Non—waiver: Failure by County at any time to require the perfbnuuucn by Provide, of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall 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. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not hetreated as an employee with respect 0othe Scn/ioeu yo/fhmuod hereunder for federal or state tax, unemployment or workers' uooupeoau1iou purposes. The Provider understands that neither federal, nor state, nor payroll tux 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 shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance uymay be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 1/16 � 000wSWn Envelope ID: o10o4rAr-6o34-40 E8A8 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may he viewed at If County'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 County's Risk Manager. 5. Indemni : The Provider agrees to defend` indemnify, and hold buooleas Orange County from all losses, liabilities, u}uiooa, denuuoda` oobm, 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, its agents, or uamigom directly or indirectly related to the 9enviuon 10 he performed pursuant tothis Agreement on the part uf the Provider. 6. : This Agreement may he terminated at any time by mutual wrh1cu agreement of the parties orbvthe County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice 1othe Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree tobc bound by all of its terms, and fbdboc agree that it constitutes the complete and cxo|nmivo statement of the Agreement between the parties unless and until modified in vmbiog and signed by the parties. This Agreement together with any an/endozeo1m or modifications may be executed electronically. All electronic signatures affixed hereto evidence the ickun1 of the Parties to comply with Article llA and Article 40 of North Carolina General Statute Chapter 66. 8. : In determining the basic services to be provided, should any documents be referenced in mc attached to this Agreement, the terms of this Agreement shall have priority io any conflict between the terms of referenced documents and the terms of this Agreement. q. Governing Both parties agree that this Agreement shall ho governed bv the laws ofthe State of North Carolina. Provider abuJ| u1 all times remain iu compliance with all applicable local, state, and federal laws, rules, and regulations including but not )inndod to all eud-diaocirniou1iun |avvu. By executing this Agreement Provider affirms that Provider iu and shall remain in compliance with Article 2 of Chapter 04 of the North Carolina General Statutes. 10. Dispute Resolution: Any and all uudm oc actions tu enforce, interpret, or seek damages with respect to any provision of or the performance or non-performance o[ this Agreement shall he brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. bia agreed hythe parties that no other court ubu]l have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not he initiated by either Party, however, the Parties may agree 1u nonbinding mediation of any dispute prior to the bringing of such suit oraction. ]} : Provider acknowledges that County iaagovernmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Inthe 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 1/16 DocuSign Envelope ID: D10D47AF-6B34-46E7-8866-5A58AA29E9A8 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER Docusigned by: —Docusigned by: 06W vf'w" B 66VUM, RMKAtY�b-� Bf� nty4Manzger 2/12-/2016 Tith`693FO46304448 1/26/2016 200 S. Cameron St. Vice President P.O. Box 8181 Hillsborough,NC 27278 Revised 1/16 000wSWn Envelope ID: o10o4rAr-6o34-40 E8A8 JUISUHNIT 919.732.3883 SUMNIT-ENGINEER.COM DESIGN AND ENGINEERING SERVICES 504 MeadowLand Drive, HilLsborough.NC 27278 January 2l` 20|6 Orange County Department of Environment,Agriculture,9mksand Recreation 306A Revere Rd. Hillsborough,North Carolina 27278 Atto; Mmrubeth Carr,A8LA—Landscape Architect Reference: Proposal for Subsurface Exploration J& Gmoteo&wivalEvaluation Fairview Park Parking Area Hillsborough,North Carolina Summit Proposal No.: G]6-005 Summit Design and Engineering Services, PLLC (Summit) is pleased to present this proposal to perform a subsurface exploration and geo1eoboioul evaluation for the referenced project located cumt of Fairview Park and west of the Orange County Public Works access road. This proposal has been prepared pursuant to your request and our understanding uf your needs. This proposal describes our understanding ofthe project, our proposed scope of services and fee,and an estimated schedule for completion of our report. PROJECT INFORMATION Based upon our review of the provided site plan, vve understand the project vvUlomoeiotofu59upuce, surface parking area and uooeaa road from the existing Orange County Public Works access road. Final grade elevations were not provided; however we assume+/' 5 ft. from existing grade. Clearing for boring access will be necessary from both the Fairview Park side and the Orange County Public Works uooeeo road side. We will attempt to get as close aa possible to proposed boring locations, as well us, minimize any visual damage 10 site aaa result of drilling operations. SCOPE OF SERVICES Based on our understanding of the project and the existing site conditions, Summit proposes with following scope of services Loprovide geo(ccbnicaJ recommendations for design and construction ofthe proposed project. Task 00 1 —Field Exploration Planning We will review readily-available gectoobnioa| and geologic noopu and literature covering the site from a geotocbnica| standpoint. We will mark the locations of our proposed borings and notify North Carolina One-Call 10 locate utilities in public areas along the streets. DocuSign Envelope ID: D10D47AF-6B34-46E7-8866-5A58AA29E9A8 Proposal for Subsurface Exploration Summit Proposal 4 G16-0005 Fairview Park Parking Area January 21,2016 Hillsborough,North Carolina Task 002—Field Exploration For the subsurface exploration,we will perform 4 soil test borings with standard penetration testing(SPT)for a total of 60 LF. Within each boring, samples of subsurface soils will be taken at 2-1/2 foot intervals above a depth of 10 feet. After 10 feet, we will sample every 5 feet to the full depth explored. An engineer or geologist from Summit will maintain a log of soil encountered and to obtain soil samples. Standard penetration tests will be conducted in conjunction with split-spoon sampling in general accordance with ASTM D 1586-99. All borings will be performed to the above indicated depths or auger refusal, whichever occurs first. Rock coring is not planned. Upon completion of the borings, measurements of groundwater levels will be taken and boreholes will be backfilled up to the original ground surface with auger cuttings. Task 003—Laboratory Testing Representative portions of soil samples will be returned to our laboratory for visual observation, classification, and laboratory testing. Atterberg limits and 4200 sieve wash analysis tests will be conducted for soil classification and to evaluate physical and engineering characteristics of the subsurface soils. All laboratory testing will be performed in accordance with applicable ASTM standards. Task 004—Geotechnical Report Based on the results of the field exploration and laboratory testing, we will provide a written evaluation based on the site's suitability for the proposed development. This subsurface report will be signed and sealed by a professional engineer registered in the state of North Carolina, and will include the following information: • General description of the site, subsurface soils, and groundwater conditions; • Boring logs with soil strata descriptions, groundwater, and Standard Penetration Test N-values as a function of depth; • Depth and location of any rock or unsuitable materials encountered in borings; • Construction and earthwork recommendations, including subgrade preparation, grading and compaction requirements, effect of weather or equipment on soil during construction, groundwater control, analysis of expansive clays, or other deleterious conditions, etc. Recommendations on possible repair measures; • General recommendations for excavation of on-site materials; • Suitability of on-site soils for reuse as structural fill; • Cut and fill slope recommendations; • Pavement recommendations for both flexible (asphalt) and rigid (concrete); and • Results of laboratory testing. SCHEDULE We will schedule our field services upon receiving a written Authorization to Proceed and a signed Standard Contract for Professional Services. We expect that all fieldwork (clearing and drilling) will require 2 days to complete, provided there are no delays due to weather or unforeseen conditions. Completion of the visual classification, lab work, preparation of the boring logs,and the geotechnical report will be completed within 10 business days after the drilling has been completed. 2 000wSWn Envelope ID: o10o4rAr-6o34-40 E8A8 Proposal for Subsurface Exploration Summit Proposal #Q|6-0005 Fairview Park Parking Area January 2|,20l6 Hillsborough,North Carolina FEE We have calculated our total lump sum fee for the scope of services to be $3,708. This cost will not be exceeded without your prior authorization and approval. In the event conditions arise which are beyond our oortco|' were unknown at the time this proposal was prepared, were unanticipated based on the available information, or differ significantly from the scope of work shown above,we request the right to revise our scope of work and estimated fee in order to complete the project. Should this occur` we will contact you immediately for authorization. CLOSURE Our services will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Summit's profession practicing iuthe same locality, under similar conditions and ut the date the services are provided. Our conclusions, opinions, and recommendations will be based mua limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Summit nuukeu no guarantee or warranty, express or implied, regarding the een'i000, communication(oral or written),report,opinion, or instrument of service provided. We appreciate the opportunity to ouhnoi1 this proposal and look forward to working with you on this project. |Ivvehave excluded any services that are required, please contact oeao that vvo can modify this proposal, or provide an additional proposal, for these services. If you have any questions concerning this proposal, please contact uaa1 your convenience o1(ol9) 732'388]. Sincerely, Jeff Elliott, P.E. Don Dewey,P.E. Gc/teohniudIroeu/Engineer Vice President—Geotechoicd Engineering DocuSign Envelope ID: D10D47AF-6B34-46E7-8866-5A58AA29E9A8 J3SUMt*11T DESIGN AND ENGINEERING SERVICES Standard Contract for Professional Services Client Name Orange County Proposal No: G16-0005 Address 306A Revere Rd. Project Location Fairview Park Hillsborough,North Carolina 27278 Hillsborough,North Carolina Contact Marabeth Carr Phone 919245-2516 E-mail mca Description of Work Geotechnical Exploration and Engineering Evaluation per Summit Proposal No.: G16-0005 Fee Schedule Fixed Fee-Amount: $3,700.00 ❑ 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 be paid in full before final documents are submitted. F-1 Retainer amount: ® To be billed upon completion with payment due upon receipt. F-1 To be billed monthly with payment due upon receipt. All past due invoices are subject to a service charge of 1.5%per month. This proposal is valid for 30 days from the date it is signed by Summit. (Pagel of3) DocuSign Envelope ID: D10D47AF-6B34-46E7-8866-5A58AA29E9A8 DATE(MM/DD/YYYY) CORD. CERTIFICATE OF LIABILITY INSURANCE A./25/2016 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 Lines Insurance Company 504 Meadowland Drive INSURER B: Hillsborough, NC 27278 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 ISSUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR NDVIL POLICY EFFECTIVE POLICY EXPIRATION LTIR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDfYY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ JA"lA1" 'U REIqTED- COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ —I CLAIMSMADE F-1 OCCUR MED EXP(Any oneperson) $ PERSONAL&ADV INJURY 1$ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-COMP/OP AGG $ PRO- POLICY [—I POLICY [—I JEC LOC 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 FI CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ _W_SM H_ WORKERS COMPENSATION AND TORY LIMITS U I ER 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 $ AlOTHER professional Liability SLSLPR02623801.5 4/2/2015 4/2/2016 $1,000,000 limit each claim .contractors Pollution la ility $2,000,000 in the aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES EXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Orange County, NC 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 c/o Marabeth Carr REPRESENTATIVES. IIII , wp*k h 306A Revere Road [AUTHORIZED REPRESENTATIV Hillsborough, NC 27278 ftee I ZUE-25"(2001108) @ ACORD CORPORATION 1988 DocuSign Envelope ID: D10D47AF-6B34-46E7-8866-5A58AA29E9A8 kw� CERTIFICATE OF LIABILITY INSURANCE® =TIE /DD/YYYY)/2016 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: Business Insurers of Carolinas PHONE Ext: (919)968°4611 A/C No:(919)968-8991 800 Eastowne Drive, Suite 208 E-MAIL ADDRESS:ewalker @business-insurers.com PO Box 2536 INSURERS AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURERA:Ohio Security 24082 24082 INSURED INSURERB:Peerless Indemnity Ins Co 18333 Summit Design and Engineering Services PLLC INSURERC:Ohio Casualty Insurance Co 24074 24074 504 Meadowland Drive INSURER D: INSURER E: Hillsborough NC 2727$ 1 INSURER F: COVERAGES CERTIFICATE NUMBER:CL15121414193 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 SUER POLICY NUMBER MMIDDY/YYYY POLICY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE � OCCUR PREMISES Ea occurrence $ 300,000 BKS55764212 1/1/2016 1/1/2017 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Experience Mod Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTOS AUTOS BA8907831 4/2/2015 4/2/2016 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ Ex erience Mod Factor 2 $ X UMBRELLA LIAB OCCUR Umb excess over GL,Auto & EACH OCCURRENCE $ 6,000,000 C EXCESS LIAB CLAIMS-MADE WC AGGREGATE $ 6,000 000 DED I X RETENTION$ 10,000 USO55764212 1/1/2016 1/1/2017 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER . ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 A (Mandatory in H)EXCLUDED? XWS55764212 1/1/2016 1/1/2017 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Dept of Environment, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Agriculture, Parks and Recreation ACCORDANCE WITH THE POLICY PROVISIONS. Marabeth Carr 306 A Revere Road AUTHORIZED REPRESENTATIVE PO Box 8181 Hillsborough, NC 27278 Ellen Walker/ELLEN <�� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(701401)