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HomeMy WebLinkAbout2016-567-E Planning - McGill Associates for land surveying, design and engineering services DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 [Departmental Use Only] TITLE Eng. & Bid Services FY 16/17 NORTH CAROLINA CONSULTING SERVICES AGREEMENT RFQ---UNDER $90,000 ORANGE COUNTY This Agreement, made and entered into this 17th day of October, 2016, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and McGill Associates, (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement ("Agreement") is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project) the Efland Sewer to Mebane Phase 2 Extension project. 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission Revised 6/16 1 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 of all reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions, in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. 2.2.7 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as specified in the County's Request for Qualifications, RFQ Number 367-522 for Request for Qualifications-Engineering Services Efland Sewer to Mebane Phase 2 Extension (the "RFQ") issued August 11, 2016, which is fully incorporated and integrated herein by reference together with Attachments , Exhibits A and B (designate all attachments). 3.1.2 The Basic Services will be performed by the Consultant in accordance with the following schedule: (Insert task list and milestone dates) Task Milestone Date 1. Field Survey for Pump Station Site 11/21/16 2. Plan Changes, Submit to County 12/05/16 3. Update Engineer's Estimate 12/05/16 Revised 6/16 2 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 4. Final Plan & Estimate Revisions Within 2 weeks of comment receipt 5. Bid Document Preparation 12/05/16 6. Pump Station Plat Revisions 12/05/16 7. MM Fowler Easement Revisions 12/05/16 8. Advertisement, Bid, Bid Opening As scheduled by County 9. Award, Contract Document Prep As scheduled by County 10. 3.1.3 Should County reasonably determine that Consultant has not met the Milestone Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule County may immediately terminate this Agreement in writing without penalty or incurring further obligation to Consultant. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Article 3. 4.1.2 Should the County determine that the Consultant is behind schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be October 17, 2016. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is Seventy one thousand two hundred ninety five dollars Dollars ($71,295.00). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as Project milestones as set out in Section 3.1.2 are achieved. (For example, if there are 10 Project Tasks with Milestone Dates then Consultant may invoice for the first 10% of the whole upon County's acknowledgement of the satisfactory completion of Task one. Upon the County's acknowledgement that the second Task has been satisfactorily completed Consultant may invoice for the next 10% of the whole.) Revised 6/16 3 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated Craig Benedict (Planning & Inspections Director of Orange County) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks associated with Milestone Dates. Upon County's written determination to Consultant that a Task has been satisfactorily completed by its accompanying Milestone Date Consultant may submit an invoice for payment. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by County'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://www.orangecountync.gov/departments/purchasing division/contracts.ph p). If County'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). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 7.2 Indemnity 7.2.1 The Consultant agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Consultant except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT Revised 6/16 4 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 8.1 Changes in Basic Services 8.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant may terminate this Agreement based upon the County's material breach of this Agreement; provided the County has not taken all reasonable actions to remedy the breach. The Consultant shall give the County seven (7) days'prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Consultant. 9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County within seven (7) days, at no additional cost, all Deliverables including any electronic data or files relating to the Project. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 9.5 Suspension 9.5.1 The County may suspend the work at any time for County's convenience and without penalty to County upon three (3) days' notice to Consultant. Upon any suspension by County the Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS Revised 6/16 5 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with, the County. 10.2 Limitation and Assignment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Consultant shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant's breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147- 86.58. 10.4 Dispute Resolution 10.4.1 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 and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the RFQ together with attachments distributed by the County and the Consultant's submitted Response to the RFQ, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of Revised 6/16 6 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 documents shall be This Agreement, the County's RFQ, attachments to the County's RFQ, the Consultant's Response to the RFQ. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. 10.8 Non-Appropriation 10.8.1 Consultant 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 Consultant of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County's legal authority. 10.9 Notices and Signatures 10.9.1 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 11A and Article 40 of North Carolina General Statute Chapter 66. 10.9.2 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Consultant's Name & Address Attention: Craig Benedict McGill Associates P.O. Box 8181 Doug Chapman P.E. Revised 6/16 7 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 131 West Margaret Lane, Suite 201 1240 19th Street Lane NW Hillsborough, NC 27278 Hickory. NC 28603 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 8 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. COUNTY: Orange County CONSULTANT: McGill Associates DocuSigned by: DocuSigned by: hKAt-rstui awayo� oun y anager n y ovingood, PE-Vice President Printed Name and Title Revised 6/16 9 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 EXHIBIT A— SCOPE OF SERVICES "EFLAND SEWER TO MEBANE PHASE 2 EXTENSION" SCOPE of SERVICES Utilizing documents prepared by Hobbs Upchurch Associates (HUA), assist the Owner with completing the bidding and construction documents for the "Efland Sewer to Mebane Phase 2 Extension" project; advertising for and receiving bids; evaluation of bids received; preparation of contracts for execution by the Owner and Contractor; and performing construction engineering and inspection services. The project scope shall be generally as shown on the current HUA documents. To assist the Owner, McGill proposes the providing the following tasks: 1. Bidding and Construction Documents a. Obtain from the Owner copies of all deliverables prepared by others including surveys, sealed design drawings and specifications; calculations; all City of Mebane and Orange County review comments; and permits. b. Utilizing the above deliverables prepared by others, review the existing design for compliance with North Carolina Department of Environmental Quality (NCDEQ) minimum design criteria, City of Mebane design standards, and Orange County design standards. c. Review the provided drawings prepared by HUA (dated August 27, 2015, which are deemed to be reliable) for compliance with City of Mebane and Orange County's previous design review comments. Where comments have not been addressed, make revisions to the drawings (dated August 27, 2015) by strikethrough and clouding of the original information and revision (in PDF format), with McGill Associates' engineer seal and signature for revisions only. The pump station site grading plan will be prepared as an additional sheet to the plan set (using new topography developed from field survey), only addressing grading changes, on McGill Associates title block. d. Deliverables by McGill Associates shall be revisions to HUA drawings and pump station site plan. e. Submit revised plans, where necessary, for jurisdictional review and approval. Make corresponding revisions in response to comments, if any. f. Prepare contract specifications utilizing information provided by the Owner (safety, insurance, minority outreach) and McGill Associates standard specifications. Page 1 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 g. Prepare an updated Engineer's estimate of probable construction costs, following approval of revised plans by the Owner and City of Mebane. h. Complete revisions to the pump station subdivision plat and the easement plat for the M.M. Fowler property on Mt Willing Road, as necessary. i. Prepare contract documents utilizing McGill Associates standard contract documents, which are based on EJCDC format. Contract documents will include Orange County requirements for safety, disadvantaged business participation, and insurance requirements. 2. Bidding and Award Assistance a. Assist the Owner with formal bidding of the project in accordance with NCGS 143-129. Prepare an advertisement for bid for circulation in newspapers and other sources as appropriate. The Owner shall be responsible for the cost of advertising. b. Distribute bid packages on behalf of the Owner with plans, technical specifications, and contract documents. c. Review questions and requests for clarifications from contractors during the bid period and issue addenda as may be required. d. Conduct a formal bid opening at the offices of the Owner. e. Review contractors' bids for completeness. Prepare a bid tabulation and issue to the Owner a recommendation of award to the lowest responsive, responsible bidder. f. Upon approval of the recommendation by the Owner, prepare a Notice of Award to be issued to the successful contractor and contract documents for execution by the successful contractor. Page 2 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 EXHIBIT B- FEE SCHEDULE "EFLAND SEWER TO MEBANE PHASE 2 EXTENSION" 1. Professional Fees Firm Principal $185.00 Program Services Manager I $145.00 Program Services Manager II $160.00 Senior Project Manager I $160.00 Senior Project Manager II $170.00 Project Manager I $140.00 Project Manager II $150.00 Project Engineer I $105.00 Project Engineer II $115.00 Project Engineer Ill $125.00 Engineering Associate I $ 85.00 Engineering Associate II $ 90.00 Engineering Technician I $ 80.00 Engineering Technician II $ 90.00 Engineering Technician III $100.00 Environmental Specialist I $ 80.00 Environmental Specialist II $ 90.00 Electrical Engineer I $105.00 Electrical Engineer II $115.00 Electrical Engineer Ill $125.00 Electrical Engineering Associate I $ 85.00 Electrical Engineering Associate II $ 90.00 Electrical Engineering Technician I $ 80.00 Electrical Engineering Technician II $ 90.00 Electrical Engineering Technician Ill $100.00 CADD Operator I $ 75.00 CADD Operator II $ 80.00 CADD Operator Ill $ 85.00 Construction Services Manager I $120.00 Construction Services Manager II $130.00 Construction Administrator I $ 90.00 Construction Administrator II $100.00 Construction Administrator Ill $110.00 1 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 Construction Field Representative I $ 75.00 Construction Field Representative II $ 80.00 Construction Field Representative III $ 85.00 Planner I $ 95.00 Planner II $105.00 Planner III $125.00 Planner IV $135.00 Surveyor I $ 80.00 Surveyor II $ 90.00 Surveying Associate I $ 70.00 Surveying Associate II $ 75.00 Survey Field Technician I $ 55.00 Survey Field Technician II $ 60.00 Survey Field Technician III $ 65.00 Administrative Assistant(I-III) $ 70.00 Accounting Assistant(I-II) $ 80.00 2. Expenses a. Mileage -$0.65/mile b. Robotics/GPS Equipment-$25/hr. c. Telephone, reproduction, postage, lodging, and other incidentals shall be a direct charge per receipt. 2 DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 30MCGILASS VIIGII1.Tr. 1 1 I V�11 L ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)10/03/2016 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 ACT Susan Stephenson BB&T-Wright Dobbins PHONE 828 277.3930 (NC PO Box 5318 (MA Lo,Ext): (A/C,No): 888-827-9875 ADDRESS: Asheville, NC 28813 INSURER(S)AFFORDING COVERAGE NAIC# 828 277-3930 INSURER A:Pennsylvania National Mutual Ca 14990 INSURED INSURER B: McGill Associates PA INSURER C: P.O. Box 2259 Asheville, NC 28802 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSR L WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DDIYYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY X BX90652915 01/23/2016 01/23/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X AX90652915 01/23/2016 01/23/2017 (Eo acBcdentSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X PROPERTY DAMAGE NON-OW NED $ AUTOS (Per accident) A x UMBRELLA LIAB X OCCUR X UL90651915 01/23/2016 01/23/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is named as Additional Insured with respects all policies shown when required by written agreement with the insured.We will provide 30 days prior written notice of any cancellation, non-renewal or reduction of coverage except in the event of nonpayment of premium which is 10 days notice. CERTIFICATE HOLDER CANCELLATION Orange County, NC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 131 W. Margaret Lane, Suite 301 ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough NC 27278 AUTHORIZED REPRESENTATIVE SU,40t40 1. 15;01344401inq ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S16917773/M15511516 JLJ DocuSign Envelope ID: D05E7C87-7E1A-4F8B-85D1-BE354B9909E3 80MCGILASS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)9/30/2016 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 ACT Cyndy Cagle BB&T Insurance Services, Inc PHONE 336 547-2137 F'X (A/c,No,Ext): (A/C,No): 8888318409 3318 West Friendly Ave., E-MAIL SS: ccagle @bbandt.com Ste.400 INSURER(S)AFFORDING COVERAGE NAIC# Greensboro, NC 27410 INSURER A:Farmington Casualty Company 41483 INSURED INSURER B:XL Specialty Insurance Company 37885 McGill Associates PA INSURER C: 55 Broad Street Asheville, NC 28801 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSR L WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DDIYYYY) (MM/DDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION x XV2FUB4544T18516 01/23/2016 01/23/2017 X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional DPR9801620 01/23/2016 01/23/2017 $3,000,000 Per Claim Liability $3,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Orange County, NC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 131 W. Margaret Lane ACCORDANCE WITH THE POLICY PROVISIONS. Suite 301; P O Box 8181 Hillsborough, NC 27278-0000 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S16913556/M15956126 CC1