HomeMy WebLinkAbout2019-001-E DEAPR - Blackwood Farm Park design DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351
[Departmental Use Only]
TITLE Blackwood Farm Park Designer
FY 2018-19
NORTH CAROLINA
PROFESSIONAL SERVICES CONTRACT
ORANGE COUNTY
THIS PROFESSIONAL SERVICES CONTRACT(hereinafter called "Agreement"),made as of the third[fay of December, 2018, by and
between Susan Hatchell Landscape Architecture, PLLC, a professional Landscape Architectural (architectural/engineering/landscape
architecturakselect one) firm with a partner or principal registered in North Carolina as a licensed Landscape Architect with offices in
North Carolina (hereinafter called the "Designer") and Orange County, a political subdivision ❑f the State of North Carolina, (hereinafter
called the"County," "Orange County," or"Owner").
WITNE5SETH:
Whereas the Owner published a Request for Qualifications and the undersigned Designer submitted a responsive Statement of
Qualifications evaluated and approved by Owner;and
Whereas the ❑esigner and the Owner now wish to form and memorialize their agreement for services and for the consideration herein
named do hereby agree as follows:
ARTICLE 1
SCOPE or WORK
1.1 Scope 1.1.1 This Agreement is for professional services to be rendered by Designer to Owner with respect to a project
known as Blackwood Farm Park(herein referred to as the "Project").The Project is located in orange County, North Carolina. It is
described more particularly in Attachment A,
1.1.2 By its execution of this Agreement,the Designer represents and agrees that it is qualified and fully capable to perform and
provide professional services and other services required ❑r necessary under this Agreement in a fully competent, professional and
timely manner, and that its Consultants are also fully capable and qualified to perform and provide the services that they will provide
hereunder.
1.1.3 Time is of the essence of this Agreement.
1.1.4 The services t❑ be performed under this Agreement consist of Basic Services, as described and designated in Article 4 hereof and
in Attachment B to this Agreement,and such Additional Services as are designated in Article 5 of this Agreement or as may from time-to-
time be agreed upon by the Owner and Designer by Amendment or Addendum to this Agreement.
Compensation to the Designer for Basic Services under this Agreement shall be as set forth herein, and compensation for Additional
Services shall be as set forth herein or in any Amendment or Addendum providing for them.All services performed by the Designer not
identified as Additional Services in Article 5 or in a written Amendment or Agreement entered into by the Owner and the Designer and
providing for additional compensation for such additional services relating to the Project shall be deemed to be Basic Services provided
without additional compensation.
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ARTICLE 2
DEFINITIONS
2.1 Definitions
2.1.1 Additional Services—Those services to be performed by Designer beyond the Basic Services. See Section 1.1.4 and Article 5.
2.1.2 Basic Services—Those services to be performed by Designer as outlined in Attachment B. See Article 4 and Attachment B.
2.1.3 Compensation for Basic Services—Those fees to be paid by Owner for Basic Services. See Section 7.1 and 7.2.
2.1.4 Contractor—The construction contractors).
2.1.5 Consultants—Subconsultants, partners and other entitles working with or on behalf of the Designer. See Section 3.3.1 and
Attachment E.
2.1.6 Board of County Commissioners-The Board of Commissioners of Orange County, North Carolina.
21.7 County Manager-The Orange County employee bearing that title.
2.1.8 Milestone ❑ates—Those dates where certain results are expected. See Attachment D.
2.1.9 Project-All phases of the Project as described in Section 1.1.1 and Attachments A and B including but not limited to the
schematic design,design development,construction document, bidding and contract award,construction and post-construction phases.
2.1.10 Reimbursable Expenses—Those costs incurred by the Designer for the benefit of this project and which the County will pay. See
Section 7.5.
2.1.11 Total Project Cost--The total amount of money which may be paid for services on this project.See Section 4.2.1.
ARTICLE 3
RESPONSIBILITIES OF THE DESIGNER
3A Services to be Provided.
3.1.1 The Designer shall provide the Owner with all professional services required to satisfactorily complete all phases of the Project
within the time limitations set forth herein and in accordance with the highest professional standards.Such services are as shown in
Attachment 8,the description of services.
All services of the Designer shaII be provided in accordance with the terms and conditions of this Agreement.
3.2. Standard of Care
3.2.1 The Designer and its Consultants shall exercise reasonable care and diligence in performing their services under this Agreement
in accordance with professional standards of similar professional design practice throughout the United States and in accordance with
federal, state and local laws and regulations applicable to the performance of these services.The Des igner shall serve as a
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representative of the Owner in accordance with the terms and conditions of this Agreement to guard the Owner against defects and
deficiencies in the Project.
3.2.2 The Designer shall be responsible for all errors or omissions, in the drawings,specifications,and other documents prepared by
the Designer or its Consultants. It shall be the responsibility of the Designer throughout the period of performance under this Agreement
to use reasonable professional care and judgment to guard the Owner against defects and deficiencies in the Project.
3.2.3 The Designer shall correct at no additional cost to the Owner any and a I I errors,omissions,discrepancies, ambiguities, mistakes
or conflicts in the drawings, specifications and other documents prepared by the Designer or its Consultants.
3.2.4 The ❑esigner shall assure that all drawings, specifications and other documents prepared by the Designer or its Consultants
hereunder are in accordance with applicable laws, statutes, building codes and regulations and that all 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
design or construction activities of the Project.
3.2.5 The Designer and its Consultants shall perform all services in a reasonably timely manner in accordance with all mutually agreed
schedules for the Project or required under this Agreement, and as provided in the construction agreement and any General Conditions
of the Owner's construction agreements with the contractors for the Project.
3.2.6 The Designer shall reimburse the Owner, as stipulated in 3.2.6.A and 3.2.6.8 for costs,damages and expenses, including
attorney's fees, incurred by the Owner when such costs,damages and expenses are the result of any error,omission,or delay of the
Designer or its Consultants.
A.To the extent that the aggregate cost to the Owner for all errors, premium value of omissions, or delays of the Designer is less
than three percent(3.0%)of the Total Project Cost, the Designer shall not be liable to the Owner for such costs.
B. If the aggregate cost to the Owner for such errors, premium value of omissions, or delays of the Designer, amounts to more
than three percent(3.0%)of the Total Project Cost, the Designer shall reimburse the Owner for ail such costs in excess of said
three percent(3.0%).
3.3 Designer's Consultants
3.3.1 The Designer's Consultants for the project, along with their key project personnel, are listed in Attachment E to this Agreement.
No changes in the Consultants or key personnel indicated shall be permitted except with the prior written consent of the Owner.
3.3.2 All of the Designer's contracts with its Consultants shall be in writing and shall expressly provide that if this Agreement is
terminated for any reason,the Owner may, at its sole option,take the assignment of the Consultants' contract with the Designer,that
such assignment shall automatically take place upon notification in writing by the Owner to the Consultants and the Consultants shall
continue t❑ be bound by the contract after such assignment.A copy of each contract between the Designer and a Consultant shall be
furnished to the Owner within seven(7) days of its execution.
ARTICLE 4
BASIC SERVICES
4.1 Basic Services
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4.1.1 The Designer shall perform as Basic Services the work and services described herein and in Attachment B to this Agreement.
4.1.2 The Basic Services will be performed by the Designer in the phases described in Attachment B.
4.1.3 The Owner shall have the right and option to require the Designer to prepare two separate bid packages with no additional
compensation due the Designer.Such bid packages must be approved by owner prior to submission and,at the Owner's option, may
include but not be Ilmited to:
A. Demolition and preliminary site work;
B. General work, plumbing, mechanical, electrical,fire protection;
C. Landscaping and irrigation;
D. Signage;
E. Furniture.
F.Water and sewer infrastructure
G. Park Office
4.2 Project Cost Estimates
4.2.1 At the times designated herein,the Designer shall develop an estimate of the total cost of the Project (the "Total Project Cost"),
including Designer's fees, costs of the construction, costs of equipment,furnishings,furniture and signage, permit fees and appropriate
contingencies, and exclusions, where applicable.These costs sha€I be prepared and submitted to the Owner substantially in the format
shown in Attachment C to this Agreement,with supporting documents listing quantities, unit price, labor rates, man-hour estimates,
overhead and profit, Total Project Cost shall be mutually agreed upon by Owner and Designer as noted in paragraph 4.2.4. The timing
of this Total Project Cost agreement shall be identified as a milestone in Attachment D. If cost estimating is not part of the project
scope,the Total Project Cost shall be specified here: [BLANK]
4.2.2 Project cost estimates shall be prepared by qualified staff members of the Designer and/or the authorized Project Consultants
listed on Attachment E,or a qualified cost estimating Consultant to the Designer who are acceptable to the Owner.
4.2.3 Total Project Cost estimates shall be prepared at 3 points in the production of the Designer's work:
A.At completion of schematic design; and
B.At completion of design development; and
C.At completion of 100%of the construction documents;and
4.2.4 If applicable per section 4.2.3,when the first of these estimates of Total Project Cost has been approved in writing by the Owner,
it shall be used by the Owner as a basis for appropriating funds specifically for the Project. Once this Total Project Cost has been so
approved by the Owner and the conditions of the project(cost environment,time schedule,etc.) are reasonably similar,the Designer
shall be obligated,without additional compensation,to adjust the design of the Project to assure that it remains within the approved
Total Project Cost,
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4.2.5 Should bidding or negotiation with contractors produce prices which,when added to the other elements of the approved Total
Project Cost, produce a cost that is in excess of the approved Total Project Cost,the Designer shall participate with the Owner in
negotiation and design adjustments to the extent such are necessary to obtain prices within the approved Total Project Cost. All activity
❑f the Designer with respect to these matters shall constitute Basic Services and shall be performed by the Designer without additional
compensation. If negotiation and design adjustments fail to bring costs within the Total Project Cost the Owner may reject all bids and
Designer will redesign and/or reduce portions of the project in an effort to reduce the bid prices to within the Total Project Cost and
rebid the project. All such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within
the approved Total Project Cost initially or after negotiations with the contractor,the Designer is not obligated to further redesign the
Project.
4.3 Project Conferences
4.3.1 For the duration of the development of the Project,the Designer and its Consultants shall meet periodically with the Owner.The
Designer shall meet with Owner as necessary to properly fulfill the requirements of this Agreement. The minimum regularly scheduled
meetings which the Designer shall be required to attend are listed below:
Bi-weekly;for the duration of the project.
4.4 Construction Administration
4.4.1 As part of Basic Services,the Designer shall provide all of the mutually agreed administrative services described in the Owner's
contracts with the contractors for the Project.
ARTICLE 5
ADDITIONAL SERVICES
5.1 Compensation is due for Additional Services that are not otherwise included in Basic Services(Attachment B) provided by the
Designer or its Consultants when the Owner requests such Additional Services in writing and after both Owner and Designer agree to the
terms of providing such Additional Services through an amendment to this Agreement.
5.1.1 Designer or its Consultants shall provide fully detailed presentation models or professional artist's renderings at the written
direction and approval of the Owner, if such services are not included in Basic Services Attachment B.
5.1.2 Designer or its Consultants shalt make all necessary revisions in drawings,specifications,or other documents when the drawings,
specifications, ❑r other documents are inconsistent with written approvals or instructions previously given by the Owner.
5.1.3 Designer or its Consultants shall prepare supporting data and other services in connection with a significant Owner initiated
change order if Designer can demonstrate that such services cause a direct substantial increase in Designer's cost of rendering its Basic
Services hereunder.
5.1.4 ❑esigner or its Consultants shall prepare to serve and serve as an expert witness for the Owner in connection with dispute
resolution,arbitration,or legal proceedings, unless the subject matter of the proceedings includes matters arising out of or related to
the Designer's or Consultant's performance or service with respect to the Project; however, preparing to serve or serving as a fact
witness for the Owner in such proceedings or rendering testimony necessary to secure governmental approval of zoning or land use
clearances for the Project shall not constitute an Additional Service.
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5A.5 Designer or its Consultants shall provide all such services as are made necessary by the negligence or default of a Consultant or
subconsultant. Such services shall be provided at no additional cost to Owner.
5.1.6 Designer or its Consultants shall provide additional or extended services during the Construction Phase made necessary by(a)
defective work of Consultants)or contractors); (b) prolongation of construction past the scheduled completion date, provided the
prolongation is not due to the fault or negligence of the Designer, its employees,Consultants or agents; or(c)default under the
construction contract due to delinquency or insolvency.
5.1.7 Designer or its Consultants shall Provide additional services and costs necessitated by special out-of-town travel required by the
Designer and approved in advance in writing by the Owner,other than visits to the Project and other than travel reasonably required to
fully accomplish the Basic Services.
5.1.8 Designer,and its Consultants if necessary, shall attend special public hearings for the Project,other than those listed herein,
which are called by the Board of County Commissioners.
ARTICLE 6
DURATION OF DESIGNER'S SERVICES
6.1 Scheduling of Services
6.1.1 Attachment D to this Agreement is the Key Milestone Listing which defines the sequence and timing of the design and
construction activities.The Designer and its Consultants shall schedule and perform their activities so as to meet the Milestone ❑ates
shown. No deviation by the Designer or his Consultants from the Key Milestone Listing shall be allowed without prior written approval
by the Owner.
6A.2 The Designer's schedule for the performance of its activities and the activities of its Consultants shall be in accordance with the
outline in Attachment D.The Designer shall also prepare and submit to the Owner for review and approval a schedule of all known items
of information,approvals or decisions to be furnished or made by the Owner, including the dates by which the Owner shall have all
information necessary from the Designer with respect to that item, approval or decision and the date by which the item of information,
approval or decision should be communicated to the Designer.The Owner shall always have a reasonable time within which to provide
such item of information,approval or decision and shall not have any responsibility for any delay occurring by reason of the Owner's
being unable,through no fault of the Owner,to supply such item of information,approval or decision.
6.1.3 Should the Owner determine that the Designer is behind schedule, it may require the Designer to expedite and accelerate its
efforts, including providing additional manpower and/or overtime,as necessary,to perform its services in accordance with the Key
Milestone Listing at no additional cost to the Owner.
6.1.4 The commencement date for the Designer's Basic Services shall be the date of delivery to the Designer from the Owner of a fully
executed original of this Agreement.
6.2 Adjustments to the Schedule
6.2.1 If the Designer's worm on the Project is or will be delayed for more than sixty(60)days through no fault of the Designer,or if the
Owner increases or decreases the scope or size of the Project by ten percent(10%)of currently estimated Total Project Cost,the
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Designer shall give prompt written notice to the Owner. Provided that such notice has been given,the Designer may request in writing
an adjustment in the Key Milestone Listing dates,which shall be granted by the Owner to the extent reasonable.
ARTICLE 7
DESIGNER'S COMPENSATION
7.1 Compensation for Basic Services
7.1.1 Compensation for Basic Services shall include all compensation due the Designer from the Owner for all services under this
Agreement.
7.2 Breakdown of Compensation for Basic Services
Not-to-exceed Compensation for Basic Services consists of the following compensation for the following separate categories of services:
7.2.1 Schematic Design Phase. Lump Sum (Insert Lump Sum or Time and Materials as appropriate)fee of$70,495.
7.2.2 Design Development Phase. Lump Sum fee of$42,609.
7.2.3 Construction Document Phase. Lump sum fee of$58,059.
7.2.4 Bidding and Contract Award. Lump sum fee of$9,976.
7.2.5 Construction Phase. Lump sum fee of$53,056.
7.2.6 Post Construction Phase. Lump sum fee of$10,565.
7.2.7 Additional Basic Services(Select all that apply):
Intentionally Omitted
7.3 Payment for Basic Services Rendered as described in Attachment B
7.3.1 Payment to the Designer for Basic Services shall become due and payable as progress deliverables and categories of services are
completed. Upon completion of each category, payment will be made by the Owner within 30 calendar days of receipt of an invoice
which is in form and substance acceptable to the Owner. When applicable such invoice shall include supporting documentation, as
designated by Owner,for any reimbursable expenses claimed by Designer. In the event the Owner finds any part or parts of all or any
portion of an invoice presented by the Designer not to be acceptable,it shall identify to the Designer the part or parts which are not
acceptable and shall pay the part or parts of the invoice which are acceptable, if any. This paragraph is not intended to indicate Owner
satisfaction of any work or services. No deductions shall be made from the Designer's fees for basic services except in accordance with
this Agreement or to reimburse the Owner for costs or expenses incurred or anticipated to be incurred for which the Designer is liable.
7.3.2 If the Owner increases or decreases the scope of the Project by Yen percent(10%)or more of the currently estimated Total
Project Cost,the compensation for Basic Services shall be equitably adjusted.
7.4 Compensation for Hourly Not-to-Exceed and Additional Services
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7.4.1 With respect to Hourly Not-to-Exceed Services performed by the Designer in accordance with this Agreement,the Designer shall
be compensated at the hourly rates and/or unit pricing showy,in Attachment F to this Agreement.
7.4.2 With respect to Additional Services performed by the Designer in accordance with Article 5 or any Addendum or Amendment to
this Agreement,the Designer shall be compensated at the hourly rates shown in Attachment F to this Agreement, unless the Owner and
the Designer otherwise agree in writing.
7.5 Reimbursable Expenses
7.5.1 Reimbursable expenses are in addition to the fees for N/A, and are for the following expenditures to the extent reasonable and
actually incurred by the Designer, its employees, or Consultants with respect to the Project:
A. intentionally Omitted
7.5.2 Designer and its Consultants may be entitled to reasonable mark-up on actual expenses which are incurred subject to written
approval by Owner.
7.6 Accounting Records
7.6.1 Accounting records of the ❑esigner's compensation for Additional Services and Reimbursable Expenses pertaining to the Project
shall be maintained by the Designer and its Consultants in accordance with generally accepted accounting practices and shall be
available for inspection by the Owner or the owner's representatives at mutually convenient times for a period of five(5)years after the
later of final comp€etion of the Project or issuance of a certificate of occupancy for the Project.
7.7 Total Compensation
7.7.1 Total compensation to the Designer, including Basic Services,Additional Services and Reimbursable Expenses shall not exceed
244,760.00.
ARTICLE 8
RESPONSIBILITIES OF THE OWNER
8.1 Cooperation and Coordination
8.1.1 The Owner shall meet with the Designer as necessary at mutually convenient times t❑ provide information necessary to enable
the Designer to develop a detailed written analysis and complete needs summary of the Project.
8.1.2 The Owner shall examine documents submitted by the Designer and shall make reasonable efforts t❑ render decisions
pertaining thereto no later than the dates specified in the schedule for such decisions described in Article 6.1.2.
8.1.3 Marabeth Carr shall be the Owner's Construction Projects Administrator and shall act in the Owner's behalf and as its
representative with respect to the Project and shall have the authority to render decisions and approve changes in the scope of the
Project within guidelines established by the County Manager and the Board of County Commissioners and shall be available during
working hours as often as may be reasonably required to render decisions and to furnish information. Owner may replace the individual
serving as Construction Projects Administrator at any time. Should such replacement occur Designer will be so informed within a
reasonable time.
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8.2 Surveys and Testing
8.2.1 The Owner shall furnish the Designer with a certified land survey of the site,giving, as applicable,grades and lines of streets,
alleys,pavements and adjoining property; rights-of-way, restrictions, easements,encroachments, zoning, deed restrictions, boundaries
and contours of the site; locations, dimensions and complete data pertaining to existing buildings,other improvements and trees, and
other pertinent information reasonably requested by the Designer including that concerning available service and utility lines, both
public and private, above and below grade, including inverts.
8.2.2 The Owner shall provide the services of a geotechnical engineer or other consultant,or compensate for such sub-consultant
services provided by the Designer,when such services are reasonably deemed necessary by the Designer,and agreed and consented to
in writing by Owner, as shown ❑n the Designer's schedule described in Article 6.1.2,to provide reports,test borings,test pits, soil
bearing values, percolation tests, air and water pollution tests,ground corrosion and resistivity tests and other necessary operations for
determining subsoil,air and water conditions,all together with reports and appropriate professional recommendations thereof to
ensure construction materials and geotechnical requirements of the construction contract are met.
8.2.3 All services, data, information, surveys and reports required of the Owner pursuant to this Article 8,shall be furnished at the
Owner's expense and, absent any negligence or failure to follow professional standards on the part of Designer,the Designer shall be
entitled to rely upon the accuracy and completeness of such services, data, information,surveys and reports.
8.3 Permits and Approvals
8.3.1 The Owner shall secure and pay for all necessary permits, licenses, approvals, easements, assessments,and charges required for
the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.The Designer shall provide
the Owner with a schedule of all required approvals and of the dates by which application for such approvals must be made in order to
avoid any risk of delay to the Project, prepare necessary application farms, present documents requiring approval by the Owner and
submit documents with the Owner's approval to the appropriate approval agency.
ARTICLE 9
INSURANCE
9.1 General Requirements
9.1.1 The Designer shall purchase and maintain and shall cause each of its Consultants to purchase and maintain during the period of
performance of this Agreement,and for five(5)years after the later of final completion of the Project or issuance of a Certificate of
Occupancy of the Project, insurance for protection from claims under workers'or workmen's compensation acts;Comprehensive
General Liability Insurance(including broad form contractual liability and complete operations,explosions,collapse,and underground
hazards coverage)covering claims arising out of or relating to bodily injury, including bodily injury,sickness,disease or death of any of
the Designer's or Consultants'employees or any other person and to real and personal property including loss of use resulting thereof;
Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any,covering personal injury or death,and
property damage;and Professional Liability Insurance,covering personal injury, bodily injury and property damage and claims arising out
of or related to the performance under this Agreement by the Designer or its agents, Consultants and employees.
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9.1.2 The minimum insurance ratings for any company insuring the Designer shall be Best's A Should the ratings of any insurance
carrier insuring the Designer fall below the minimum rating, the County may,at its option, require the Designer to purchase insurance
from a company whose rating meets the minimum standard.
9.2 Limits of Coverage
9.2.1 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 Owner's Risk Manager as
such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage
Requirements (each document is incorporated herein by reference and may be viewed at
http-//www.crangecountync.gov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional
insurance coverage is required such additional insurance shall be designated here N/A(if no additional insurance required leave blank or
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 Owner's Risk Manager.
9.2.2 All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement
shall name the Owner as an additional insured party for the lnsurance.
9.3 Proof of Coverage
9.3.1 Evidence of such insurance shall be furnished to the Owner. Upon cancellation, non-renewal or reduction,the Consultant shall
procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout
the periods specified herein.
9.4 Indemnity
9.4.1 The Designer agrees, without limitation,to indemnify and hold harmless the Owner 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 Designer except to the extent same are caused by
the negligence or willful misconduct of the Owner. It is the intent of this provision to require the Designer to indemnify the Owner to the
fullest extent permitted under North Carolina law.
9.5 Owner's Insurance Option
9.5.1 At any time during the performance of this Agreement,the Owner may, at its sole option, provide for itself,for the Designer and
for its Consultants any or all of the insurance coverage required under the Article.
9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to the Designer such certificate or
certificates of coverage as may be applicable.
9.5.3 If the Owner elects to provide such coverage it shall be entitled to pro rata reduction in the fees far Basic Services equal to the
cost of providing such coverage to the Designer and its Consultants.
ARTICLE 10
AMENDMENTS TO THE AGREEMENT
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10.1 Changes in the Designer's Basic Services
10.1.1 Changes in the Basic Services and entitlement to additional compensation ❑r a change in duration of this Agreement shall be
made by a written Amendment to this Agreement executed by the Owner and the Designer.The Designer shall proceed to perform the
Services required by the Amendment only after receiving a fully executed Amendment from the Owner or a written notice from the
Owner directing the Designer to proceed,whichever is earlier.
10.2 Owner Changes
10.2.1 The Owner may,without invalidating this Agreement,make written changes in the ❑esigner's Basic Services or Additional
Services of this Agreement by preparing and executing a Change Order.Within three (3)days of receipt of such a Change Order,the
Designer shall notify the Owner in writing of any change contained therein that the Designer believes significantly increases or decreases
the Designer's services with respect to the Project and request an adjustment in compensation with respect thereto. If the Change Order
significantly increases or decreases the Designer's services,the Designer's compensation may be equitably adjusted.
ARTICLE 11
TERMINATION AND SUSPENSION
11.1 Termination for Convenience of the Owner
11.1.2 This Agreement may be terminated without cause by the Owner and for its convenience upon seven (7)days written notice to
the Designer.
11.2 Other Termination
11.2.1 After seven(7) days written notice to the other party of its material breach of the Agreement,this Agreement may be
terminated by the noticing party, provided that the other party has not taken all reasonable actions to remedy the breach.
11.2.2 Designer acknowledges that Owner is a governmental entity,and the validity of this Agreement is based upon the availability of
public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the
performance of Owner's obligations under this Agreement,then this Agreement shall automatically expire without penalty or further
cost to Owner immediately upon written notice to Designer of the unavailability and non-appropriation of public funds. It is expressly
agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this
Agreement, but only as an emergency fiscal measure during a fiscal crisis.
11.2.3 In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal
legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement,then this
Agreement shall automatically terminate without penalty or further cost to Owner upon written notice to Designer of such limitation or
change in Owner's legal authority.
11.3 Compensation after Termination
11.3.1 In the event of termination for the convenience of the Owner,the Designer shall be paid that portion of its fees and expenses
that it has earned to the date of termination, plus five percent(5%)of its compensation far Basic Services earned to date or of its
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unearned compensation for Basic Services,whichever is less, less any costs or expenses incurred or anticipated to be unearned by the
Owner due to errors or omissions of the Designer.
11.3.2 In the event of termination by reason of a material breach of the Agreement by the Owner, the Designer shall be entitled to the
same compensation as it would have received had the Owner terminated the Agreement for convenience,and the Designer expressly
agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result
of such termination.
11.3.3 In the event of termination by reason of a material breach of the Agreement by the Designer,the Designer shall be paid that
portion of its 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 Owner due to errors or omissions of the Designer or by reason of the Designer's breach of this Agreement.
11.3.4 Should this Agreement be terminated as provided under this Article 11 the Owner shall be granted, at no additional cost,
ownership of all documents, drawings, and electronic databases relating to the Project, including the ownership and use of all drawings,
specifications,documents and materials relating to the Project prepared by or in the possession of the Designer.The Designer shall turn
over to the Owner within seven (7)days and in good unaltered condition rep rod ucibles of all original drawings, specifications,
documents, electronic data bases and materials. In the event of such termination, and should the Owner use such drawings for
completion of the Project,the Owner shall indemnify and hold the Designer harmless,to the extent authorized by North Carolina Law,
from and against any cost,expense,damage or claim arising out of the loss of life, personal injury or damage to tangible property
occasioned wholly or in part by any act or omission by the Owner, its contractor(s),agents or employees in connection with Owner's use
of such drawings, plans,specifications, renderings,models and other work provided as part of Basic Services and Additional Services, as
may have been amended.The Designer specifically agrees to incorporate the provisions of this paragraph in all contracts for the services
of Designer's Consultants.The Owner agrees that the Designer may retain one set of drawings for its records.
11.3.5 Should this Agreement be terminated,the Owner shall, nevertheless, have the right to require the Designer and/or its
Consultants t❑ perform such additional effort as may be necessary to provide professionally certified and sealed drawings and to deliver
to the Owner such certified and sealed drawings with respect to any phase or item of the project,for which effort the ❑esigner shall be
compensated in accordance with this Agreement.
11.4 Suspension
11.4.1 The Owner may, in writing,order the Designer to suspend,delay or interrupt all or any part of its Services on the Project for the
convenience of Owner.
11.4.2 In the event the Designer believes that any suspension,delay or interruption of any or a I I of the Work on the Project, may
require an extension of the duration of Basic Services or an increase in the level of staffing by Designer, it shall so notify the Owner and
propose an amendment of the Key Milestone Listing for consideration of the Owner. Such amendment or extension shall be effective
only upon the written approval of the Owner,which will not be withheld unreasonably.
11.4.3 A suspension,delay or interruption of the Project shall not terminate this Agreement; provided,however,that if such
suspension,delay or interruption causes a suspension of the Designer's services for a period exceeding ninety(90)days,the Designer's
compensation for Basic Services may be equitably adjusted upon mutual agreement of the parties.
11.S Waiver
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11.5.1 The payment of any sums by the Owner under this Agreement or the failure of the Owner to require compliance by the Designer
with any provisions of this Agreement or the waiver by the Owner of any breach of this Agreement shall not constitute a waiver of any
claim for damages by the Owner for any breach of this Agreement or a waiver of any other required compliance with this Agreement by
the Designer.
11.5.2 Owner and Designer mutually waive any claim against each other for consequential damages. Consequential Damages include:
A. Damages incurred by Owner for loss of use, income,financing,or business.
B. Damages incurred by Designer for office expenses, including personnel, loss of financing, profit, income, business,
damage to reputation,and/or any other non-direct damages.
ARTICLE 12
ADDITIONAL PROVISIONS
12.1 Confidentiality
12.1.1 The Designer and its Consultants shall use their hest efforts not to disclose or permit the disclosure of any confidential
information relating to the Project,except to its agents,employees and other Consultants who need such confidential information in
order to properly perform their duties relative to this Agreement.
12.2 Limitation and Assignment
12.2.1 The Owner and the Designer each bind themselves,their successors,assigns and legal representatives to the terms of this
Agreement. Neither the Owner nor the Designer shall assign or transfer its interest in this Agreement without the written consent of the
other.
12.3 Governing Law
12.3.1 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.
12.4 Dispute Resolution
12.4.1 Any dispute arising under pursuant to the Project shall be addressed under the terms of the Dispute Resolution Rules and
Procedures far Orange County Design, Building Construction, Renovation, and Repair Projects. These rules and regulations are available
upon request.
12.4.2 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.
12.5 Extent of Agreement
13
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DocuSign Envelope ID: E459300D-0094-4E66-A944-039543AOE351
12.5.1 This Agreement represents the entire and integrated agreement between the Owner and the Designer and supersedes all prior
negotiations, representations or agreements, either written or oral.This Agreement may be amended only by written instrument signed
by both the Owner and the Designer.
12.6 Severability
12.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable,the remainder of this Agreement shall be
enforceable without such provision.
12.7 Ownership of Documents
12.7.1 All designs, drawings,specifications,design calculations, notes and other works developed in the performance of this contract
shall become the property of the Owner and may be used on any other project without additional compensation to the Designer.
❑esigner does not warrant the use of the documents by the Owner or by any person or entity for any purpose other than the Project as
set forth in this agreement.
12.8 E-Verify
12.8.1 Pursuant to the terms of North Carolina General Statutes no county may enter into a contract unless the Designer and its
subconsultants comply with the requirements of 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 Designer's breach of
this Agreement. By executing this Agreement Designer affirms ❑esigner is In compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes.
12.9 Electronic Signatures
12.9.1 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.
12.10 Iran Divestment and Israel Boycott
12.10.1 ❑esigner certifies that,as of the date listed below, it is not on the Final ❑ivestment List as created by the State Treasurer
pursuant to N.C.G.S. § 147-86.58 or the final boycott list created by the State Treasurer pursuant to N.C.G.S. §147-86.81 nor shall
Designer utilize in the performance of this Agreement any subcontultant or consultant identified on such lists.
12.11 List of Attachment and Referenced Documents and Priorit
12.11.1 The design documents consist of this Agreement and the attached and referenced documents. The attachment and referenced
documents are listed in this Section 12.11.1 and are incorporated herein and made part of this Agreement by reference. In the event of
any inconsistency between or among the terms of this Agreement and any of the incorporated listed documents such inconsistency or
conflict shall be interpreted in the following order of priority:
This Agreement
Attachment A- Description of the Project
Attachment B- Description of Basic Services
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Attachment C-Format of Total Project Cost Estimate(s)
Attachment D-Key Milestone Listing
Attachment E-Consultants and Key Personnel
Attachment F-Hourly Rates Schedule
Request far Qualifications
Statement of qualifications
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the day and date first above written in a number
of counterparts,each of which shall,without proof or accounting for other counterparts,be deemed an original contract.
ORANGE COUNTY: DESIGNER:
Oocusigned by: cusigned by:
Ga -r �!!
g �76inJlnif. piwi {YS 1/2/2019 B 51 aJA, t President 12/28/2018
_...ty Manager _dent
.dent
Printed Name and Title Printed Name and Title
Susan Hatchel Landscape Architecture,PLLC
15
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DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351
Attachment A-Description of the Project
Scope of Services:
The project scope includes developing:
■ Turn lanes on NC 86 for the new park entrance, to be located north of the current narrow driveway;
• A new entrance road for the park;
• Parking area(s)for the existing park and proposed amenities;
• Lighting and stormwater measures needed for the improvements above
• 2 Picnic shelters(similar design to existing);
• 2 Vault toilet facilities
■ A parks office- approx. 1,400 sq. ft. (1 office; 1 restroom with shower;break room with kitchenette; two garage bays; and
storage)
• Schematics for a Learning/Nature Center- (Scope to be determined)
• Utilities as required for office and nature Center; including a septic system
■ Schematics for an amphitheater; with lighting; and storage/dressing rooms
*Coordination with a disc golf course designer
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Attachment B -Description of Basic Services
Basic Services will include the planning and design for the construction of renovations to Blackwood Farm Park in
Hillsborough, NC. Work includes the preparation of a revised Park Master Plan, an"open house"/public input meeting, and the
preparation of construction documents for the following: a turn lane on NC 86,entrance drive, 1,220 SF park office building
and related structural, mechanical, electrical, and plumbing services, two picnic shelters,two prefabricated vault toilets,
parking lot,stormwater,utilities, site electrical coordination with Duke Energy, internal sidewalk connections, disc golf course
coordination,planting, seeding, and site amenities. A schematic plan and rendering for a future Environmental Learning Center
and Amphitheater will also be prepared.
18
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Attachment C - Format of Total Project Cost Estimate
ORANGE COUNTY
Attachment C--Project Cost Estimate
PROJECT
IDENTIFICATION:
PROJECT CITY or LOCATION:
(Definitions/explanations are provided an pg 2 to assist in completion of this
form.)
CURRENT ESTIMATED CONSTRUCTION COSTS CITY UNIT COST PER U141T TOTAL
A, Site Preparation
1, Demolition $0
2, Site Work $0
B. Construction
1. Utility Services $0
2. Building Construction(new space) $0
3. Building Construction(existing) $0
4, Plumbing(new space) $0
5. HVAC(new space) $0
6, Electrical(Includes TV&Radio Studio) $0
7, Fire Supression and Alarm Systems $0
8, Telephone,Data,Video $0
9. Associated Construction Casts $0
10. Other: $0
C. Equipment
1, Fixed $0
2. Moveable $0
ESTIMATED CONSTRUCTION COSTS $0
Items below may be calculated by percentage or lump sum. if us{ng lump suns,make entry In$field.
DESIGN FEE % (°k of Estimated Construction Casts) $0
PRECONSTRUCTION
COSTS % (%of Estimated Construction Costs) $0
CONTINGENCIES % (%of Estimated Construction Costs) $0
ESTIMATED COSTS (%of Estimated Construction Costs+Contingencies+Design Fee) $0
Escalation=percent per month multiplied by number of months
(From Est.Date to mid-point of construction)= months %per month
ESCALATION COST INCREASE (Total of Estimated Costs x Escalation%) $o
ESTIMATED TOTAL PROJECT COSTS (Estimated Costs+Escalation Cost Increase if any) $0
APPROVED BY: TITLE DATE
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DEFINITIONS
Item on Form Definition
Attach basis and justification for estimate.Include description,quantities,units,
CURRENT ESTIMATED CONSTRUCTION COST special features,similar cost on recent projects,etc.
A. 1.Demolition Includes but may not be limited to lead and/or asbestos testing and removal,building
or interior space demolition in whole or part.
Includes but may not be limited to grading,excavating,poor soils and/or rock
A.2.Site Work removal,utilities relocation,roads,walks,parking,streambank repairs,stormwater
management,retaining wails,rainwater harvesting systems,landscaping,
Attach explanation of any special building,mechanical,or electrical service
8, 1.Utility Services requirements with appropriate distance to existing buildings,water,gas,electrical or
other utility service.
B.9. Associated Construction Costs Includes but may not be limited to construction fire alarm testing,utility shut downs,
utilities,signage,security,displaced parking,staging,lock cores,keys,permits.
B. 10. Other list other signficant sources of cost not included elsewhere. Additional lines may be
added if needed.
PRECONSTRUCTION Includes but may not be limited to land surveys,Ieadlasbestos surveys,
COSTS environmental assessments,copying,postage,costs of print advertising,and
destructive testing. For CM at Risk,preconstruction costs are consistent with the
requirements of the preconstruction services agreement.
CONTINGENCIES Unanticipated or unforseen conditions including but not limited to design error and
omissions,concealed site conditions,utility conflicts,and extended overhead
resulting from weather or other delay.
20
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Attachment D-Key Milestone Listing
Estimated Schedule:
Project Kick-Off/Data Gathering: Late Fall 2019
30% SD Set: Spring 2019
60% DD Set: Summer 2019
100% Construction Documents: Fall 2019
Permitting: 3-6 months
Bidding and Contracting: Fall 2019
Start Construction: Late Fall 2019
Project completed by: Spring/Summer 2020
Zl
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DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351
Attachment E-Consultants and Key Personnel
• Susan Hatched Landscape Architecture(SHLA)—Project Management, Master Planning,Landscape Architectural Services
• Ellen Cassilly Architect(ECA)—Architectural. Services
■ Lynch Mykins Structural Engineers,PC (LM)—Structural Engineering Services
■ Sud Associates (SUD)—MEP and Site Electrical Services
• Calyx Engineers and Consultants(CALYX)—Topographical Survey and Roadway Engineering Services
• Ward Consulting Engineers (WCE)—Civil Engineering Services for Site Work
• Axiom Environmental, Inc. (AXIOM)—Environmental Investigations
22
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DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351
Attachment F-Hourly Rates Schedule
Susan Hatchell Landscape Architecture,PLLC
Landscape Architect/Project Manager.....$140lhour
Senior Project Manager..... $1001hour
Project Designer..... $951hour
Clerical/CAD Technician..... $801hour
Ellen Cassilly Architect,Inc.
Architect-Principal.... $1301hour
Project Architect.... $1101hour
Architect..... $1001hour
Intern Architect III.... $851hour
Ward Consulting Engineers, Inc.
Principal (PE)..... $1301hour
Professional Engineer(PE)..... $1201hour
Engineer{EM..... $901hour
AutoCAD Technician..... $75/hour
Sud Associates, P,A,
Principal Engineer.... $181/hour
Registered Engineers.... $1621hour
Project Managers/Senior Designers..... $I32lhour
Designers..... $111/hour
Technicians/Drafting..... $941hour;Administrative.... $751hour
Lynch Mykins Structural Engineers,PC
Vice President.... $1501hour
Senior Project Engineer..,. $1201hour
Project Engineer.... $1001hour
Structural Engineer.—,. $901hour
Calyx Engineers and Consultants
Group Manager.... $180lhour
Senior Project Manager.... $165/hour
Project Manager.... $1501hour
Senior Engineer.... $150mour
Engineer II.... $1351hour ;Engineer I.... $1201hour; Engineer Intern.... $951hour
Axiom Environmental
Principal.... $941hour
Project Manager.... $941hour
Senior Scientist.... $94/hour
Project Scientist.... $65/hour
23
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DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351
Client#:1229721 SUSANHAT
DATE(MWOWYYYY)
ACORD. CERTIFICATE OF LIABILITY INSURANCE 11/0612018
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(les)must have ADDITIONAL INSURED provisions or be endorsed.
It SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder In Ilou of such andorsement(s).
PRODUCER NAME CT Carla J.Spitler
tJ51 insurance Svc,SmCL Savann H°Nv Ac A� No;810-3$2-8547EXI., - .
7 E Congress Street,Suite 1002 ADaRRES , Carla.Spiller@usi.com
Savannah,GA 31401 INSURERS AFFORDING COVERAGE NAIC#
INSURER A:COnlh OnW C""ty ccmkIny 20443
INSURED INSURER B
Susan Hatcheli Landscape INSURER C
Architecture,PLLC
INSURER D
711 W.North Street
INSURER.E'
Raleigh,NC 27603
INSURER F
COVERAGE$ CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE❑ BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 CONDITfONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
qRR TYPE OF IN CDLSURR POLICY NUMBER MM;LQD EFF IMAM LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3
CLAIMS-MADE OCCUR EMISE EaEcecurrencs $
MED EXP one ersorr $
PERSONAL&ADV INJURY $
GFULAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY❑JEC7 �LOC PRODUCTS-COMPIOP AGG $
_
OTHER $
AUTOMOBILE LIABILITY (r= SINGLE LIMIT
Eaa aWdencGt
ANY AUTO BODILY INJURY(Per person) S
OWNED SCHEDULED ROPILY INJURY(Perae ddenq $
AUTOS ONLY AUTOS
AbR OS ONLY AUTOS ONLDY PROPERTY DAMAGE $
Per 1t1=.IdanII
s
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YON
ANY PROPREETORIAARTNERIEXECUTIVEF] E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDEEYJ NIA
(Mandatory In NHI E.L.DISEASE-EA EMPLOYEE S
If yea,descrf be under
pESCRI PTO N CF OPERATIONS below E.L DISEASE-POLICY LIMIT $
A Professional LAH591856713 0510112017 0510112019 $1,000,000 Per Claim
Liablity $2,000,000 Aggregate
$3 000 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS 1VENICLES(ACORD 101,Additional Remarks Schedule,may be attached EI more space Is required)
Project:Blackwood Farm Park
Professional Liability and Pollution Incident Liability Insurance
Claims made policy with retroactive date of 511/2013.Defense costs are within limits of insurance.
CERTIFICATE HOLDER CANCELLATION
Marabeth Carr,ASLA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Orange County ACCORDANCE WITH THE POLICY PROVISIONS.
P.D Box 8181
Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE
p 1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016(03) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S24232203IM22978450 CJSzS
DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351
® CERTIFICATE OF LIABILITY INSURANCE 771
E(MM11 YYI
ACaR�
110612018
THIS CER7IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 polley(les)must have ADDITIONAL INSURED provisions or be endorsed.
It SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. Astatement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(sy.
PRODUCER CONTACT Susan Erickson
NAME:
Capital City Insurance Services A ICON c E [919]85D-7D2D A No: (919)861-791D
5901 Falls of Neuse Road E-MAIL serlcksorl@cc-is.net
ADDRESS:
Suite 202 INSURERIS]AFFORDING COVERAGE NAIL p
Raleigh NC 27609 INSURERA: Hartford Casualty I ns u rance C ompa ny 29424
INSURED INSURER B:
Susan HatcheII Landsca pe Architecture Pllc INSURERC:
711 W North St INSORERO:
INSURER E:
Raleigh NC 27603 INSURERF:
COVERAGES CERTIFICATE NUMBER: 17/18 MASTER WC REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDA80VE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO W-NCH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE I INS URANCEAF FOR DED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
! SR AUDLSUBR POLICYEFF POLICY EXP
LTR TYPEOFINSURANCE SD WVD POLICYNUMBER MMJODIYYYYJ (MMIDDffYYYI LIMITS
COMMERCIAL GENERAi-LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCURRENTED
RE E Ea occurrence S
MEO EXP(Any onePerson) S
PERSONAL&ADV INJURY #
GENL AGGR EGATE LIMIT APPLtES PER: GENERALAGGREGATE $
POLICY❑JET L.00 PRODUCTS-COMPIOPAGG
OTHER! S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANYAUTO BODILY INJURY(Per parson) s
❑VMED SCHEDULED BODILY INJURY(Per accldent) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per acoldenl
$
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
WORKERS COMPENSATION
AND EMPLOYERS UABILiTY PER
ATUTE ER
ANY PROPRIETORIPARTNERIEXECuIIVE YIN E.L.EACH ACCIDENT $ 1,000,D00
A OFFICERIMEM0EREXCLIJDED7 NIA 22W$CCL3589 121D212D17 12/02/2018
(Mandatary in NH) E.I..DISEASE-EA EMPLOYEE $ 1.000.000
If yes,descdbe under 1,D60,000
DESCRIPTION OF OPERATIONS"law E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached!r mare space Is nequlredl
Re:Blackwood Farm Park
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE!ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Marabelh Carr,ASLA ACCORDANCE WITH THE POLICY PROVISIONS-
Orange County
AUTHORIZED REPRESENTATIVE
PO BOX a1S1 ,
Hillsborough INC 27276
b 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351
® ❑ATE(MMIDDffYYY)
A`COROP CERTIFICATE OF LIABILITY INSURANCE
1 V0612018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 1NSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGA7ION 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 Susan Erickson
NAME:
Carter Glass Insurance Agency PHONE EIS, (919)781-1973 AX(All No: (999)781-1974
5901 Falls of Neuse Road E-MAIL serlckscnacc-is.net
ADDRESS:
INSURFRI[Sl AFFORDING COVERAGE NAIC 11
Raleigh INC 27609 INSURERA: Nationwide Mutual Fire Insurance Company 23779N
INSURED INSURER 8:
SUSAN HATCHELL LANDSCAPE ARCHITECTURE PLLG INSURER C:
711 W NORTH ST INSURER 0:
INSURER E:
RALEIGH NC 276113.1418 INSURER F:
COVERAGES CERTIFICATE NUMBER: 2017/18 GL&OAF Master REVISION NUMBER:
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 I ADDLSUHR TYPE POLICY EFF POLICY EXP LIMITS
LTR N ❑ ❑ POLICY NUMBER MWDDlYYYY MW00NYYV
X COMMERCIAL GENERAL LIABILITY EACH GC CUR RE NCE $ 1,000,000
CA_7CLAIMS-MADE � OCCUR PREM SES Ea accu AGETORENTEo nca $ 300,000
MED E 9(Any one person) $ 5,000
A Y ACPBPOF2202888274 12/02/2017 12/02/2018 P ERSONAL&A DV I NJURY $ 1,000,000
GEN'L ACG RECATE LI MIT APPLIES PER: GENERALAGGREGATE $ 2,000,000
�C POLICY JEtl El LOC PRO DUCTS-COMPIOPAGG $ 2,000,000
OTHER: Hired Auto Liab $ 1.000.000
AUTOMOBILE LIABILITY INGLE LIMIT $ 1.000.000
Ea aG[Idenl
ANYAUTO BCD ILYINJURY(Po rperaan) $
* OWNED SCHEDULED ACPBPOF2202888274 12/02/2017 12/02/2018 BODILYINJURY(Per aoddeno $
AUTOSONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOSONLY AUTOS ONLY 1pef a Id nt
$
X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000.000
A EXCESSLIA6 HCLAIMS-MADE ACPCAF2202888274 12/02/2017 12/02/2018 1 AGGREGATE s 1,000,000
DED RETENTION$ $
WORKERS COMPENSATION PER OTH-
ANDEMPLOYERS'LIABILITY YIN STATUTE ER
ANYPROPRiETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $
OF F ICERJMEM BER EXCLUDED?
(M andata ry In N H) E.L.DISEASE-EA EMPLOYEE $
I I yo s,dascrihe and e r
DESCRIPTION 0FOPERATI0NS halaw E.L.DISEASE-POLICY LIMIT $
❑FSCRIPTION OF OP ERATTONS I'LOCATIONS I VEHICLES{AC OR 101.Additional Remarks Schedule,may he attached I more space is requ Ired}
Marabeth Carr,ASLA,orange County Is included as additional insured as per written ccntracl.
Re:Blackwood Farm Park
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL.BE DELIVERED IN
Marabeth Carr,ASLA ACCORDANCE WITH THE POLICY PROVISIONS.
Orange County
AUTHORIZE❑REPRESENTATIVE
PO Box 8181
Hillsborough NO 27278
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