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HomeMy WebLinkAbout2017-305-E Planning - McGill Associates for CEI/CMT services DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 [Departmental Use Only] TITLE ESTM Ph2 Ext CEI FY 2016-17 NORTH CAROLINA SERVICES AGREEMENT OVER $90,000.00 RFP/RFQ ORANGE COUNTY This Services Agreement(hereinafter "Agreement"), made and entered into this 20th day of June, 2017, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and McGill Associates, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Services Agreement ("Agreement") is for professional services to be rendered by Provider to County with respect to (insert type of project): Construction engineering and inspection (CEI), including construction materials testing (CMT). ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance Revised 2/17 rev6/17 staff request 1 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 3. Basic Services a. Basic Services. i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County's Request for Proposals or Request for Qualifications (the "RFP") "RFP Number 367-522 for "Request for Qualifications- Engineering Services Efland Sewer to Mebane Phase 2 Extension" issued August 11, 2016, and the Provider's proposal, which are fully incorporated and integrated herein by reference together with Attachments , Attachment A - Fee Schedule and Attachment B - Scope of Services, (designate all attachments). In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County's RFP together with attachments, Provider's Proposal together with attachments. ii) The Basic Services will be performed by the Provider in accordance with the following schedule: (Insert task list and milestone dates) Revised 2/17 rev6/17 staff request 2 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 Task Milestone Date 1. (la) Pre-Construction Meeting ($2,114.00) 30 days of Notice of Award 2. (lb) Pipe Submittals ($8,044.25) 60 days from start of construction 3. (1c) Pump Station Submittals ($8,044.25) 60 days from start of construction 4. (1d) Progress Meetings ($9,124.00) Quarterly 5. (le) 14 Months of Construction Administration ($32,498.50) Monthly 6. Of) Project Closeout($9,121.50) Within 60 days of Notice of Completion 7. (1g) 12 Months of Field Observation ($134,250.00) Monthly 8. (lh) Field Observation - Buffer Planting ($6,887.50 Monthly 9. (1i) Record Drawings ($22,057.00) Within 30 days of receipt of contractor's as-built markups 10. (2a) Earthwork Soils Observations and Testing ($10,430.00) As needed 11. (2b) Earthwork Engineering Review ($2,404.00) As needed 12. (3a) Environmental Soils/Groundwater Monitoring ($5,335.00) As needed 13. (3b) Environmental Review and Reports ($3,106.00) As needed iii) Should County reasonably determine that Provider has not met the Milestone Dates established in Section 3(a)(ii), County shall notify Provider of the failure to meet the Milestone Date. The County, at its discretion may provide the Provider seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Provider cures the breach. In the alternative, upon Provider's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Provider 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 Provider. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 4. Duration of Services a. Term. The term of this Agreement shall be from June 20, 2017 to December 31, 2018. b. Scheduling of Services i) The Provider shall schedule and perform its activities in a timely manner so as to meet the Milestone Dates listed in Section 3. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be June 20, 2017. Revised 2/17 rev6/17 staff request 3 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services is TWO HUNDRED FIFTY-THREE THOUSAND, FOUR HUNRED AND SIXTEEN Dollars ($253,416.00). In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made at rates as indicated in the Fee Schedule (Attachment A) and in amounts not the exceed those listed in Section 3(a)(ii). b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Craig Benedict, Planning and Inpsections Director) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation 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.php.) 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. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. Revised 2/17 rev6/17 staff request 4 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. Revised 2/17 rev6/17 staff request 5 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.) 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 and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. d. 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 a suit or action. e. Entire Agreement. This Agreement, together with the RFP and its attachments and the Proposal and its attachments, represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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. Revised 2/17 rev6/17 staff request 6 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name & Address Attention: Craig Benedict McGill Associates P.O. Box 8181 1240 19th Street Lane NW Hillsborough, NC 27278 Hickory, NC 28603 [SIGNATURE PAGE TO FOLLOW] Revised 2/17 rev6/17 staff request 7 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 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. ORANGE COUNTY: PROVIDER: DocuSigned by: --DocuSigned by: By. •--:0FC4A2... By' 4 A38C29D023D4413 . Mark Dorosin, Chair, BOCC Andy Lovingood, PE-Vice President Printed Name and Title Revised 2/17 rev6/17 staff request 8 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 McGILL ASSOCIATES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Efland Sewer to Mebane, Phase 2 Extension ATTACHMENT A- FEE SCHEDULE 1. Professional Fees Firm Principal $212.75 Program Services Manager I $166.75 Program Services Manager II $184.00 Senior Project Manager I $184.00 Senior Project Manager II $195.50 Project Manager I $161.00 Project Manager II $172.50 Project Engineer I $120.75 Project Engineer II $132.25 Project Engineer III $143.75 Engineering Associate I $ 97.75 Engineering Associate II $103.50 Engineering Technician I $ 92.00 Engineering Technician II $103.50 Engineering Technician III $115.00 Environmental Specialist I $ 92.00 Environmental Specialist II $103.50 Electrical Engineer I $120.75 Electrical Engineer II $132.25 Electrical Engineer III $143.75 Electrical Engineering Associate I $ 97.75 Electrical Engineering Associate II $103.50 Electrical Engineering Technician I $ 92.00 Electrical Engineering Technician II $103.50 Electrical Engineering Technician III $115.00 CADD Operator I $ 86.25 CADD Operator II $ 92.00 CADD Operator III $ 97.75 Construction Services Manager I $138.00 Construction Services Manager II $149.50 Construction Administrator I $103.50 Construction Administrator II $115.00 Construction Administrator III $126.50 Construction Field Representative I $ 86.25 Construction Field Representative II $ 92.00 Page 1 of 3 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 McGILL ASSOCIATES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Efland Sewer to Mebane, Phase 2 Extension ATTACHMENT A- FEE SCHEDULE Construction Field Representative III $ 97.75 Planner I $109.25 Planner II $120.75 Planner III $143.75 Planner IV $155.25 Surveyor I $ 92.00 Surveyor II $103.50 Surveying Associate I $ 80.50 Surveying Associate II $ 86.25 Survey Field Technician I $ 63.25 Survey Field Technician II $ 69.00 Survey Field Technician III $ 74.75 Administrative Assistant (I-III) $ 80.50 Accounting Assistant (I-II) $ 92.00 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. 3. Construction Material and Environmental Testing Services a. Personnel/Field Services Field Technician $ 53.00 Special Inspector $ 75.00 Asphalt Inspector $ 75.00 Structural Steel Technician $105.00 Certified Welding Inspector $105.00 Ultrasonic Testing $105.00 Coring Crew $165.00 Nuclear Density Gauge $ 40.00 Floor Flatness Inspector $ 75.00 Floor Flatness and Levelness testing $165.00 Staff Geologist $120.00 Project Manager $160.00 Senior Project Geologist $195.00 Page 2 of 3 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 McGILL ASSOCIATES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Efland Sewer to Mebane, Phase 2 Extension ATTACHMENT A- FEE SCHEDULE Senior Engineer $165.00 Principal $175.00 Clerical $ 53.00 Direct Expenses 115% Per Diem $155.00 Trip Charge $ 60.00 b. Laboratory and Field Testing Services Percent Fines (Wash 200 sieve) $ 85.00 Sieve Analysis $110.00 Particle Size Analysis (With Hydrometer) $165.00 Natural Moisture Content Test $ 10.00 Atterberg Limits Test $105.00 Standard Proctor Compaction Test $175.00 Standard Proctor Compaction Test (with Rock Correction) $200.00 Modified Proctor Compaction Test $200.00 Modified Proctor Compaction Test (with Rock Correction) $220.00 PID equipment $140.00 Sampling Equipment $ 85.00 TPH GRO and DRO Soil Analysis $100.00 VOC (8260) and PAH (8270) Water Analysis $200.00 Concrete Compressive Strength Testing of Cores $ 60.00 Masonry Mortar Compressive Strength Testing of 2"x 2"Cubes $ 15.00 Masonry Compressive Strength Testing of Grout Prisms $ 55.00 Masonry Block Absorption and Compressive Strength, per set $385.00 Masonry Block Prism Compressive Strength $165.00 Asphalt Core Specific Gravity (thickness and density) Testing $ 55.00 Asphalt Maximum Theoretical Specific Gravity (Rice) Testing $245.00 Asphalt Content (Burn) and Aggregate Gradation $275.00 Page 3 of 3 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 McGILL ASSOCIATES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Efland Sewer to Mebane, Phase 2 Extension ATTACHMENT B — SCOPE OF SERVICES Utilizing documents prepared by the former engineer of work, Hobbs Upchurch Associates (HUA), and subsequently modified by McGill Associates (McGill), assist the County with construction phase services for the "Efland Sewer to Mebane Phase 2 Extension" project, McGill proposes to assist the County during the construction phase of the project by performing the providing the following tasks: 1. Construction Engineering and Inspection (CEI) Services a. Schedule and conduct a Pre-Construction Conference with the County, Mebane, Contractor, Engineer and all other applicable parties to assure discussion of all matters related to the Project. Prepare and distribute minutes of the Pre-Construction Conference to all parties. b. Review and take action in respect to Shop Drawings and Samples and other data which Contractor is required to submit for the pipeline portion of the project, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and any approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Shop Drawings and Samples identified as frivolous in the General Conditions of the construction contract documents shall be returned to the Contractor without review. Review of substitute materials is excluded. c. Review and take action in respect to Shop Drawings and Samples and other data which Contractor is required to submit for the pump station portion of the project, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and any approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Shop Drawings and Samples identified as frivolous in the General Conditions of the construction contract documents shall be returned to the Contractor without review. Review of substitute materials is excluded. d. Schedule and conduct quarterly Construction Progress Meetings [four (4) total] with the County, Mebane, Contractor, Engineer and all other applicable parties to discuss progression of the project and coordination matters related to the Project. Prepare and distribute minutes of the Progress Meetings to all parties. e. Provide General Administration of Construction Contract. Consult with the County and act as the County's representative as provided in the General Conditions, as outlined in the following: Page 1 of 4 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 McGILL ASSOCIATES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Efland Sewer to Mebane, Phase 2 Extension ATTACHMENT B — SCOPE OF SERVICES i. Based on Engineer's observations as an experienced and qualified professional and on review of Applications for Payment and accompanying supporting documentation, make recommendation for amounts to be paid to the Contractor. Recommend to the County that Contractor's Work be rejected while it is in progress if, on the basis of Engineer's observations, Engineer believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. ii. Recommend Change Orders and Work Change Directives to the County, as appropriate, and prepare Change Orders and Work Change Directives as required. iii. Promptly after notice that Contractor considers the entire Work ready for its intended use, in company with the County, Mebane, and Contractor, conduct a pre-final observation visit to determine if the Work is substantially complete. After considering any objections of the County and the City of Mebane, once the Engineer considers the Work substantially complete, the Engineer shall deliver a certificate of Substantial Completion to the County, Mebane, and Contractor, along with a punch list of outstanding and/or corrective work necessary for the project to be considered 100% complete and acceptable. iv. In company with the County's and Mebane's representatives, conduct a final observation visit to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. v. Issue instructions to the Contractor from the County as to interpretations and clarifications to the project design plans, specifications and contract documents, based on previously developed design and information available. Services required to further analyze and/or revise the design shall be considered additional services. vi. Prepare information required to resolve problems due to actual field conditions and to respond to Requests for Information (RFI) from the Contractor. Page 2 of 4 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 McGILL ASSOCIATES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Efland Sewer to Mebane, Phase 2 Extension ATTACHMENT B — SCOPE OF SERVICES vii. Coordinate and track the testing of pipelines and placing same into service for the project. i. Review and determine the acceptability of any schedules that Contractor is required to submit to Engineer, including Progress Schedule, Schedule of Submittals and Schedule of Values. f. Provide or make available all project files and information to effect project closeout, including a final spreadsheet tally of quantities, unit pricing, extended item totals and variances from contract amounts to corroborate the final adjusting change order, if any. Prepare sewer line and pump station certifications of completion for submission to NCDENR Division of Water Resources for final approvals, as necessary. g. Provide a Construction Field Representative (CFR) to periodically observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on-site observations as an experienced and qualified professional, keep the County informed of the progress of the work, and endeavor to guard the County against defects and deficiencies in the work of the Contractor. The total construction contract time is assumed to be twelve (12) months. As part of this contract, field observation will be provided by a CFR on a limited, part-time (defined as partial day visits three (3) days per week) basis during active work. h. Provide a CFR to periodically observe installation of riparian buffer mitigation required for the project. Field observation for mitigation is expected to include up to eight (8) visits to confirm installation of plantings. i. Prepare for the County record drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by the Contractor. Record drawings will be prepared by "red marking" drawings provided by the County from the Designer, and not graphical changes for horizontal and vertical project changes. Provide to the County and Mebane two (2) printed copies and one (1) electronic PDF copies of record drawings. 2. Construction Material and Geotechnical Testing (CMT) Services a. Earthwork Soils Observations/Testing i. Provide the services of an independent geotechnical and materials testing laboratory to perform compaction testing, as requested by the County. It is anticipated that compaction testing will be needed once per week when the Contractor is working along the roadway shoulder, limited to twenty (20) site visits. Compaction testing is also needed where the construction crosses the paved areas on the properties of Fowler and Ramarge on Mt Willing Road is also included. Page 3 of 4 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 McGILL ASSOCIATES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Efland Sewer to Mebane, Phase 2 Extension ATTACHMENT B — SCOPE OF SERVICES ii. Independent geotechnical and material testing services will be provided on an "on-call" and "as needed" basis, with a 24-hour notice to schedule services with the subconsultant. iii. Earthwork related services will include the following: a) Perform laboratory moisture-density relationship, grain size analysis and Atterberg limits on proposed fill soils. b) Perform density testing on native and fill soils and stone to determine the moisture content and percent compaction of the soil material. c) It is anticipated that earthwork related services will be needed once per week when the Contractor is working along the roadway shoulder, limited to twenty (20) site visits. b. Earthwork Engineering Review/ Reports i. Engineering review and certification by a registered professional and reporting of construction material testing and inspection services. 3. Environmental Services (Associated with the M.M. Fowler Property) a. Provide subconsultant with OSHA 40-hr HAZWOPER certification to provide the following services: i. Screen excavated soil with a PID; ii. Collect soil samples from stockpiles for analysis and/or waste characterization; iii. Collect water samples from groundwater in utility trenches for analysis; and b. Provide a summary report of field observations, analytical results, and recommendations for soil and/or groundwater management. Page 4 of 4 DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 • Client*: 1170972 30MCGILASS . AC DATE ryMNDI'rYY1fJ RD. CERTIFICATE OF LIABILITY INSURANCE 112712017 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 certMcate holder Is an ADDITIONAL INSURED,the pollcyles)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 CT Susan Stephenson BB11T-Wright Dobbins on,E„„:828 277-3930 ](,,Nof: 888-827-9875 PO Box 6318 s: Asheville,NC 28813 INSURERS)AFFORDING COVERAGE NAIL r 828 2774930 INSURER A:Pennsylvania National Mutual Ca 14990 INSURED INSURER B: McGill Associates PA INSURER C: P.O.Box 2259 INSURER D: Asheville,NC 28802 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 IAN WN POLICY NUMBER ,(MME Y)_jMMIDDIYYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY X BP90862915 01/23/2017 01/23/2018 EACH OCCURRENCE $1,000,000 PR CLAIMS-MADE 1 XI OCCUR EA1 i {E 5 a vaauronaa) $50,000 $1E17 EXP(Any one person) $6,000 PERSONAL$ADV INJURY ;1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 POLICY JERCTT LOC PRODUCTS COMP/OP AGO *1,000,000 OTHER: COµBINED SINGLE LIMIT A ALrroMOBILE UABIUTY X AX90652915 01123/2017 01/23/2018 (Ea ecdd.r�t1 11,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED II SCHEDULED BODILY INJURY(Per oxidant) $ AUTOS NOON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS AUTOS (Per eocklentI $ A X UMBRELLA LIAR X OCCUR X UL90851915 01123/2017 01123/201a,EACH OCCURRENCE $6,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE 15,000,000 DED I XI RETENTION$10000 $ WORKERS OOMPENSATION PEATUTE I ERA AND EMPLOYERS'LIABILITY ANY PROPRIFTTORJPARTNERIEXECUTIVE Y/N E.C.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED'/ I N 1 A (Mandatory In NH) E.L,DISEASE-EA EMPLOYEE $ Lyee describe under I ESCRIPTION OF OPERATIONS bream , EL,DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Addltlenal Remade!Schedule,may be attached II more ewe required) Orange County Is named as Additional insured with respects all policies listed above with the exception of Worker's Comp 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 SHOULD ANY OF THE DESCRD Orange County THE EXPIRATION DATE ABOVE THEREOF NOTICE TWILL HE BEFORE IN 200 South Cameron Street ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278-0000 AUTHORIZED REPRESENTATIVE • I.. C 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 2542014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD *S17542081/M17511904 SIS DocuSign Envelope ID:43BC3559-D91A-4B1A-B346-85B1DDC1A451 80MCGILASS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)01/25/2017 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 UB4544T185 01/23/2017 01/23/2018 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 DPR9910735 01/23/2017 01/23/2018 $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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 South Cameron Street ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278-0000 AUTHORIZED REPRESENTATIVE Art i 11" Oro eat ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17527922/M17527856 CC1