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HomeMy WebLinkAbout2019-132-E AMS - Civil Consultants design services for Northern HSC driveway DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 [Departmental Use Only] TITLE Driveway Connection FY 2019 NORTH CAROLINA CONSULTING SERVICES AGREEMENT UNDER $90,000 ORANGE COUNTY This Agreement, made and entered into this 27th day of February, 2019, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and Civil Consultants, Inc, (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement ("Agreement") is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project)Design of private driveway for Northern Campus. 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission Revised 12/18 1 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 of all reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions, in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. 2.2.7 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as described in Exhibit To provide design services for the Northern Campus project assoicated with a driveway as detailed in the attached proposal #24032, dated September 241n, 2018. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform its activities in a timely manner. Revised 12/18 2 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 4.1.2 Should the County determine that the Consultant is behind the agreed upon schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be 3/1/2019. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is foutenn thousdand five hundered Dollars ($14,500). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated Travis Myren to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by 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.orangecountync.gov/departments/purchasing division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Revised 12/18 3 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 7.2 Indemnity 7.2.1 The Consultant agrees, without limitation, to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from 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 Consultant except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Chan;;es in Basic Services 8.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant may terminate this Agreement based upon the County's material breach of this Agreement; provided the County has not taken all reasonable actions to remedy the breach. The Consultant shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Consultant. 9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County within seven (7) days, at no additional cost, all Deliverables including any electronic data or files relating to the Project. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the Revised 12/18 4 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 9.5 Suspension 9.5.1 County may suspend the work at any time for County's convenience and without penalty to County upon three (3) days' notice to Consultant. Upon any suspension by County, Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with, the County. 10.2 Limitation and Assi ng ment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Consultant shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County 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 the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant's breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147- 86.58 and the Israel boycott list created pursuant to G.S. 147-86.81. 10.4 Dispute Resolution Revised 12/18 5 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 10.4.1 Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. Under no circumstances shall any dispute be addressed through binding arbitration. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the Request for Proposals together with attachments distributed by the County and the Consultant's submitted Proposal, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of documents shall be This Agreement, the County's Request for Proposals, attachments to the County's Request for Proposals, the Consultant's Proposal. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable,the remainder of this Agreement shall be valid and binding upon the Parties. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. 10.8 Non-Appropriation 10.8.1 Consultant acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Consultant of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, Revised 12/18 6 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County's legal authority. 10.9 Notices and Si matures 10.9.1 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. 10.9.2 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Consultant's Name &Address Attention: Travis Myren Civil Consultants, Inc P.O. Box 8181 3708 Lyckan Parkway, Suite 201 Hillsborough,NC 27278 Durham,NC 27707 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. COUNTY: Orange County CONSULTANT: Civil Consultants, INC Dceu5igned by: Oacu Sig ned by, 0637994B755E477... 36FFE5B8336847D... t-ounty Manager Tony Whitaker, PE, Owner Printed Name and Title Revised 12/18 7 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 civi1consultants LAND DEVELOPMENT CONSULTANTS # 24032 PROPOSAL FOR CONSULTING ENGINEERING SERVICES Project: Additional Driveway Connection Orange County Northern Campus Hillsborough, NC Date: September 24, 2018 Client: Orange County Attn: Mr. Jeff Thompson PO Box 8181 Hillsborough, NC 27278 Engineer: Civil Consultants, Inc. 3708 Lyckan Parkway Suite 201 Durham, NC 27707 General Description of Protect Work: The scope of work covered by this Agreement is as follows: 1. Design of a section of private driveway on the Orange County Northern Campus from the southeastern corner of the Detention Center, extending southwesterly across the stream and associated buffer, and connecting to West Hill Avenue. 2. Secure local approvals of the above, specifically related to driveway dimensions, grading, street tie-in, storm drainage, and stormwater management. No new stormwater management measure is included, as drainage from the additional pavement will be accommodated in the onsite wet pond to the extent practical, and otherwise allowed to freely drain without formal treatment. 3. Secure additional sediment and erosion control approvals from the State permitting agency for the above. 4. No utility connections will be made to utilities in West Hill Avenue. 5. Design the driveway to reasonably minimize impacts to the jurisdictional stream and stream buffer. Provide detailed impact maps, tabulations and justification to the permitting consultant (S&EC) for their use in preparing the permit packages to NCDENR and to the US Army Corps of Engineers. LAND PLANNERS + CIVIL ENGINEERS 3708 LYCKAN PARKWAY, SUITE 201 DURHAM, NC 27707, PHONE:919.490.1645 WWW.CIVIL—CONSULTANTS.COM LIC.C-1030 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 6. Provide professional permitting services via subcontract with S&EC for necessary permitting from State and Federal agencies, as detailed in Attachment No. 1. 7. Provide assistance to S&EC for subsequent permit tracking and responses as needed. 8. Provide written justification to the Town of Hillsborough for local approval of the crossing based on having "No Practical Alternative"to the stream buffer impact. 9. Include field review and delineation of any stream buffer along the offsite waterline route; and inclusion of any associated impacts in the permitting package. Compensation: Client shall compensate Engineer for project work performed on a fixed fee basis. Progress billings shall be presented monthly based on approximate percentage complete. Total compensation under this agreement shall be $14,500.00 for the scope of work described. Tony M. Whitaker, PE President Attachment No. 1 - Proposal from Soil & Environmental Consultants, PA dated Sept. 11, 2018 Schedule of Billing Rates Classification Hourly Rate Principal Engineer $160.00 Senior Designer $125.00 Designer Technician $95.00 Administrator $75.00 Subcontractor Services Cost plus 15% DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 Soil & Environmental Consultants, PA 8412 Fails of Neuse Road,Suite 104,Raleigh,NC 27615•Phone: (919) 846-5900• Fax: (919)846-9467 sandec.com PROPOSAL/AGREEMENT FOR PROFESSIONAL SERVICES This Proposal/Agreement for Professional Services(the"Agreement")is by and Between Civil Consultants, Inc. (Attn: Tony Whitaker) located at 3708 Lyckan Parkway, Suite 201, Durham, NC 27707 (hereinafter"Client"),and Soil&Environmental Consultants,PA,a corporation,with its corporate office at 8412 Falls of Neuse Road,Raleigh,Suite 104,North Carolina,27615(hereinafter"S&EC"). SITE INFORMATION S&EC shall provide the services as described below to Client for the project located at West Hill Ave. N and Hwy 70, Orange County, NC (physical location) Acreage ± acres PIN 9864392344,9864398253, 9864397758 SERVICES: Item 1: Pre-permitting Consultation & Meetings: S&EC will provide consultation services for the transition in to Section 404 & 401 permitting of the protect "Orange County Northern Campus"to include but not limited to: office meetings, conference calls,correspondence, initial site plan reviews and protect management. Item 2: Pre-Construction Notification Application Prep & Submittal: Initial preparation and submittal of the Pre- Construction Notification Application (PCN) to the US Army Corps of Engineers (USACE) and/or the NC Division of Water Resources (NC DWR) requesting written concurrence for the use of a General Nationwide Permit and/or a General Water Quality Certification for the proposed impacts to"waters of the US/State" for the project currently known as "Orange County Northern Campus". This initial preparation and submittal includes the completion and compilation of PCN application package, up to two (2) site plan reviews & comments, compensatory mitigation acceptance request to a mitigation bank/NCDMS (if necessary), correspondence with engineer and/or client associated with Nationwide Permitting up until the initial submittal of the application to the agencies. The permanent cumulative impacts (i.e. proposed and existing)for this protect are not to exceed 300 linear feet of important/perennial stream or '/2 acre of jurisdictional waters or 0.10 acres of jurisdictional wetlands if NWP 18 is being utilized); Item 3: Post-Submittal Correspondence/Meetings: Post submittal written response required and/or additional correspondence after the initial submittal of application to the agencies(i.e. USACE Incomplete Application Notification, NCDWR Request for More Information response and correspondence with client, engineer and agencies etc.), not to exceed 2 written responses to agencies. This phase shall also include any site plan reviews/comments that may exceed the 2 reviews/comments identified in Item 2. Item 4: Road side Delineation: S&EC will review the proposed offsite waterline. Any wetlands and streams(start points)within the corridor will be flapped. (hereinafter"Services") NOTE: This proposal does not include correspondence with the US Fish&Wildlife Services pertaining to federally listed threatened or endangered species, or other surveys or reports that may be requested pertaining to federally listed threatened or endangered species. Additionally, this proposal does not include correspondence with the NC State Historic Preservation Office or the Office of State Archeology pertaining to historical or cultural resources. Any or all of these services may be necessary to obtain a Nationwide Permit or deemed a regulatory condition. Should any of these services be required,a separate proposal including services and fee estimates will be provided. NOTE: To complete Item 2 of above,the following information will need to be provided from the Client and/or their representatives;1-signed agent authorization form from the property owner(s);2-Division of Water Resources Application fee;3-overall site plan,existing conditions&Impact exhibits;4-one(1)hard copy of the stormwater management plan(SMP)and SMP approval(if received),or Post-Construction Drainage Area Map. NOTE: Decisions regarding permit issuance by governing regulatory agencies are beyond our control,and as such this agreement is not assuring that a Nationwide Permit Verification or Water Quality Certification and/or Riparian Buffer Authorization Approval will be issued for this project. DELIVERABLES: S&EC shall provide the following deliverables to Client in association with the Services described above. Item 1: S&EC will provide meeting notes and/or correspondence as requested. Item 2: S&EC will provide confirmation of the submittal of the PCN to the USACE&NCDWR; Item 3: S&EC will provide copies of all correspondence to agencies provided to applicant upon request; Item 4: S&EC will provide an updated sketch map and email summary. (hereinafter"Deliverables") Deliverables - In connection with the performance of the Services, S&EC shall deliver to Client one or more reports or other documents S&EC Contact Name Deborah E.Shirley Project Number 13441 Project Name Tilley Property Page 1 of 3 Date 09-11-18 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 reflecting Services provided, the results of such Services or S&EC's evaluation of the results of such Services. All reports and documents delivered to Client are instruments reflecting the Services provided by S&EC pursuant to this agreement and made available for Client's use. All such reports, written documents, original data gathered by S&EC and work papers produced by S&EC in the performance of the Services (collectively,"Work Product")are,and shall remain,the sole and exclusive property of S&EC. The Services,and any data,recommendations, proposals,reports,design criteria,and similar information provided by S&EC to Client pursuant to this Agreement are provided for the exclusive use of the Client on the Project and for purposes intended by Client and disclosed to S&EC as the purpose for requesting the Work and are not to be used or relied upon by third parties without the permission of S&EC. FEES: The following fees are associated with the Services and Deliverables described above. Item 1: To be billed at an hourly rate, Not to Exceed $1,000, per the attached fee schedule. Item 2: $3,500. This fee excludes any required submittal/application fees to the agencies for review; Item 3: Post submittal response-Hourly, Not to exceed $1,500, per the attached fee schedule. Item 4: $750. Other services not defined above or outlined in a separate agreement may be conducted at the client's emailed or written authorization on a per-hour basis per the attached fee schedule. (hereinafter"Fees") S&EC OPERATING GUIDELINES Soil&Environmental Consultants,PA(S&EC)is a professional environmental consulting firm that renders opinions in certain environmental matters. Rules governing most regulated issues(interpreted and governed by local,state and federal agencies)are evolving constantly,and in many cases, affected by the opinions of individuals employed by these governing agencies. Consequently, S&EC cannot guarantee that our opinions will be accepted or permitted by the governing agencies. Additional work may also be requested by local,state and federal agencies,even when S&EC believes the work previously performed should be sufficient. Such additional work will be billed at our hourly rates as indicated on our fee schedule(if it is beyond the scope of our initial work, and if authorized by the client). If the client fails to authorize additional work requested by the governing agencies,then it will be highly unlikely that permits or other approvals will be obtained. Even then, authorization of the additional work by the client does not imply or constitute a guarantee by S&EC that a permit(s)or approvals will be obtained. In all cases,authorization by the client for S&EC to begin work confirms the client's responsibility to pay all invoices for authorized work regardless of outcome of authorized work. Any and all subsurface utilities(water,sewer,cable,irrigation,power,telephone,etc.)are to be located by the client before S&EC's site work. The signer of this contract assumes all responsibility for any accidental damage that occurs if the locations of utilities are not clearly and accurately marked prior to commencement of our work. The time spent on a job will include mobilization,travel time to the site,field work,travel time back to the office,demobilization,report preparation,map preparation and correspondence. Mileage will be billed roundtrip from the nearest S&EC office that provides the type of work requested. The terms stated in this proposal are valid 90 days from the date of this agreement. PAYMENT TERMS (a) Invoices will be submitted monthly by S&EC for payment by Client or immediately upon completion of Services unless other invoicing and payment terms are agreed to in writing and signed by both the Client and S&EC. Payment is due upon receipt and is past due thirty(30) calendar days from date of invoice. If Client has any valid reason for disputing any portion of an invoice,Client will so notify S&EC within ten(10) business days of receipt of invoice by Client,and if no such notification is given,the invoice will be deemed valid. The portion of S&EC's invoice that is not in dispute shall be paid in accordance with the procedures set forth herein. (b) A finance charge of 1.5%per month on the unpaid amount of an invoice,or the maximum amount allowed by law,will be charged on past due accounts. Payments by Client will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees,court costs,or other costs incurred in collection of delinquent accounts shall be paid by Client. If payment of invoices is not current, S&EC may suspend performing further work. AUTHORIZATION Client(print): Billing Address: City: State: Zip: Phone Number: Fax Number: Mobile: Email address: I understand and agree to all terms of this PROPOSAL/AGREEMENT and hereby authorize S&EC to proceed with the Services as described above. Signature of Client Date As Client,I will require a Certificate of Insurance from Soil&Environmental Consultants,PA Yes No Client PO#(if applicable) S&EC Contact Name Deborah E.Shirley Project Number 13441 Project Name TilleV PropertV Date 09-11-18 Page 2 of 3 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 Soil & Environmental Consultants, PA 8412 Falls of Neuse Road,Suite 104,Raleigh,NC 27615•Phone: (919) 846-5900• Fax: (919)846-9467 sandec.com FEE SCHEDULE Fees effective August 1,2008 Invoice(Timesheet)Designation Hourly Billing Rate Applicable Titles Professional VII(PVII) $175.00 Principal Professional VI (PVI) $150.00 Senior Professional Professional V(PV) $125.00 PE,LSS III Regulatory Specialist II, Professional IV(PIV) $110.00 Wetland/Environmental Scientist IV, LSS II Regulatory Specialist I, Professional III(PIII) $95.00 Wetland/Environmental Scientist IIl, LSS I Professional II(PII) $85.00 Wetland/Environmental Scientist II, SSIT II Technician II(TII),Professional I(PI) $75.00 Wetland/Environmental Scientist I, SSIT I, Technician II Technician I(TI) $65.00 Technician I Clerical II(CII) $55.00 Clerical II Clerical I(CI) $45.00 Clerical I Technical Expert(EX) $300.00 Deposition/Expert Witness Testimony Reimbursable Expenses Air Travel Cost plus 15% Lodging Cost plus 15% Food(Overnight travel only) Cost plus 15% Mileage Current federal rate rounded down to the nearest cent Subconsultants& Subcontractors Cost plus 15% Permits,Application Fees, etc. Cost plus 15% DWQ Check Writin Fee $100.00 Courier Cost plus 15% NOTE: Pass Through Equipment or Field Supplies will have a 15%handling fee. MINIMUM PROJECT FEE=$300.00 All fees are subject to change without prior notice. The time spent on a job will include travel time to and from the site,fieldwork,document preparation,map preparation, meetings,and correspondence. Mileage will be billed roundtrip from the nearest S&EC office that provides the type of work requested. Page 3 of 3 DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 ACa GATE(MMlDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/05/2018 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 endorsements). PRODUCER CONTACT NAME: PHONE FAY AfC NO: Andrew F.Jones E-MAIL ADDRESS- 729 W NC HIGHWAY 54 INSURERS AFFORDING COVERAGE NAIC# ❑URHAM NC 27713 INSURERA: NATIONWIDE PROPERTY AND CASUALTY 1NSUF 37877 INSURED INSURERS: I NSU RER C: CIVIL CONSULTANTS,INC INSURERII: 3708 LYCKAN PKWY STE 201 INSURERE: DURHAM NC 27707-2586 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. INSR TYPE INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMro MMfD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO REN CLAIMS-MADE ❑OCCUR PREMISES Ea occurrence $ 300,000 ME EXP(Arty one person) $ 5.000 A ACP BPCK3046630836 0412412D18 04/24/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑PRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOiMOBILE LIABILITY COMBINED SINGLE L[Mrr $ ANY AUTO BODILY INJURY(Per person) $ ALL DINNED SCHEDULE[) BODILY INJURY[Per accident] $ AUTOS OS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB HOCCUR EACH OCCURRENCE $ EXCESS LIM CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LABILITY YIN TATUTE ER ANYPROPREETORIPARTNERIFXECLMVE ❑ N 1 A E.L.EACH ACCIDENT $ RM OFFICEEMBER EXCLUDED? (Mandatory En NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may ba attachad if more space is raquiradI CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County AUTHORIZED REPRESENTATIVE PO Box 8181 Diane Burgess Hillsborough NC 27278 , gr�� ©1988-2014 ACORD CORPORATIION. All rights reserved. ACORD 25(2014101) The ACDRD name and logo are registered marks of ACOR❑ DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 0 DATE(MM/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 11/5/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Management Consultants, Inc. PAHic NN Ext: (704)799-1600 FAX No: (709)799-2955 P.O. Box 2490 E-MAIL cert@imcipls.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Davidson NC 28036 INSURER A:Continental Casualty Company 20443 INSURED INSURER B Civil Consultants, Inc. INSURERC: 3708 Lyckan Parkway INSURER D: Suite 201 INSURER E: Durham NC 27707 INSURER F: COVERAGES CERTIFICATE NUMBER:5/14/2018 PL Renewal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGES (RENTED PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL &ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ E XCESS LIAB CLAIMS-MADE AGGREGATE $ RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability AEH113816083 5/14/2018 5/14/2019 Per Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION tcomar@orangecountync.gov;hfl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN P.O. Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Jeff Todd/CM 7;Mp ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) DocuSign Envelope ID:466BC84F-2491-482F-9ECF-E665A2F18724 CIVIL-2 OP ID: SF Fry1 AC�R DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 11/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brian M.Jones First Insurance Services,Inc. P.O. Box 13687 a/CON o Ext:919-941-0549 A No:919-941-0135 RTP, NC 27709 E-MAIL b ones448 nc.rr.com Brian M.Jones ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Co 29424 INSURED Civil Consultants, Inc. INSURERB: 3708 Lyckan Parkway Ste 201 Durham, NC 27707 INSURERC: INSURER D: 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. INSR TYPE OF INSURANCE DDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY CURRENCE $ XX EACH OC CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XX 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 $ Xx EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION �( PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 22WBCCK0275 EXCLUDE TONY 06/24/2018 06/24/2019 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) WHITAKER,MICHAEL PIOCCO& E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 KEITH GETTLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ORANGE4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD