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2019-301-E AMS - Summit Design and Engineering EMS stormwater maintenance
DocuSign Envelope ID:49CM6C6-17EB-4320-131 DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 [Departmental Use Only] TITLE ES Stormwater BMP FY 2018-19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of May, 2019, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina,(the "County"), party of the first part; and Summit Design and Engineering Services PLLC(the"Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide Storm Water Maintance and Certification for the Orange County EMS Parking Lot Expansion area per proposal dated June 26,2018 The term of this agreement rendered shall be from May 20,2019 to June 30,2019. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County.'Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand, Six Hundred Fifty Dollars, ($1,650.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non--waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 12/18 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees, without limitation,to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death,to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oranp-ecoLintync.gov/del2artTnelItsl2urchasing division/contracts.phn.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 12/18 2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER =DCuSigled y: By' By: 4BD ate 1)anx�n 5/29/2019 Title: CEO 5/22/2019 Department Director 200 S. Cameron St. Summit Design and Engineering Services PLLC P.O. Box 8181 504 Meadowlands Drive Hillsborough,NC 27278 Hillsborough,NC 27278 In vrocess Revised 12/18 3 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-l31DF-601984A397F2 ESUMLIT DESIGN AND ENGINEERING SERVICES Standard Contract for Professional Services Client Name: Orange County Date: June 26,2018 Proposal No: LD 18- Address: PO Box 8181 Project Name: Orange County EMS BMP Certification Hillsborough,NC 27278 Client Contact: Angle Barnes Project Location: 510 Meadowlands Drive, Hillsborough Phone: (919)245-2628 Summit Contact: Tim Smith E-mail: abarnesAorangecounty.gov Phone: (919)616-6491 E-mail. Tim.smith@summitde.net Client AP Information: Name: Angel Barnes Phone: (919)245-2628 Email: abarnes Jorangecounty.gov _ Description of Work(Referred to herein as the"Services" or"Scope of Services"): (See Attached Proposal—Exhibit A) This contract,including all incorporated documents,is referred to herein as the"Agreement". Fee Schedule ® Fixed Fee-Amount: $1,650 ❑ Hourly Billable Rates Expenses and/or outside services will be billed at 1.15 times our direct cost and are not included in the fee schedule options shown above.As a policy,Summit Design and Engineering Services,PLLC does not bill for mileage(with the exception of CEI& Geotechnical Services),in-house reproductions,or in-house postage. Payment Conditions: Summit reserves the right to stop work for non-payment. Invoices must be paid in full before final documents are submitted. ❑ Retainer amount: ❑ To be billed upon completion with payment due upon receipt. ® To be billed monthly with payment due upon receipt. Invoices are past due if not paid within 30 days of invoice date. All past due invoices are subject to a service charge of 1.5%per month. This proposal is valid for 30 days from the date it is signed by Summit. DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 TERMS AND CONDITIONS locality. Summit makes no other warranties,expressed or implied,with respect to this Agreement,Summit's Services,or the Design Documents. Client acknowledges that ARTICLE I: CLIENT'S RESPONSIBILITIES increased costs and changes may be required due to omission, ambiguities and inconsistencies in the drawings and specifications. Client agrees to set aside a A) Client's Representative: The Client shall appoint a representative authorized to contingency of at least 3%of the Project construction cost to pay for these costs and act on the Client's behalf with respect to the Project: The Client or its representative changes. Client further agrees it will make no claims against Summit for any such costs shall make decisions in a timely manner regarding all aspects of the Project, shall and changes covered by such contingency fund. examine documents submitted by Summit Design and Engineering Services, PLLC (hereinafter referred to as Summit)and render decisions in a timely manner to avoid unreasonable delay in the orderly and sequential progress of Summit's services and the Project schedule accepted by Client. B) Compliance with Laws and Codes:Consistent with the professional standard of B) Client's Program and Budget Requirements: Client shall provide Summit full care,Summit will comply with laws and codes applicable to the Project design as of information in a timely manner regarding all its requirements for the Project including the effective date of this Agreement or the issuance of the construction plans and its objectives, schedule, criteria, constraints and budget including reasonable specifications,whichever is later contingencies. C) Certifications: Summit shall sign,if requested by Client and included in the Scope C) Right of Entry: Client shall provide right of entry for Summit, its staff, of Services,a statement that to the best of its knowledge,information and belief,based subconsultants,and all necessary equipment to complete the Services. Summit will in whole or in part on information provided by others,the accuracy of which has not take reasonable precautions to minimize damage to property. Client understands that been verified,that the Project has been completed in general conformance with the in the normal course of performing the Services some damage may occur,the correction plans and specifications. Summit shall not be required to sign any documents,no matter of which is not part of this Agreement. by whom requested,in which Summit is required to certify,guarantee or warrant the existence of conditions which Summit has not or cannot ascertain. D) Required Information:Client will furnish Summit all information,requirements, data,reports, surveys and instructions required to complete the Scope of Services, Summit neither guarantees the performance of any Contractor nor assumes including identifying the type and location of underground improvements and utilities, responsibilities for any Contractor's failure to famish and perform its work in and all existing conditions,Summit shall have the right to rely upon the completeness accordance with the contract between the Client and any such contractor or the Project and accuracy of such information.Client acknowledges that certain assumptions will plans and specifications. Summit is not responsible for variations between actual be made regarding existing conditions that cannot be verified without destruction or construction bids or costs and Summit's opinions or estimates regarding construction damage to existing facilities.To the fullest extent permitted by law,Client agrees to costs;nor does Summit guarantee,warrant,or represent that proposals,bids,or actual waive all claims against, and to hold harmless and indemnify, Summit and its construction costs will not vary from opinions of probably construction costs prepared subconslillants, for darnagrs to underground improvements and utilities and for any by Summit costs associated with undisclosed existing conditions. D)!Construction Phase Services:.'If construction phase services are required in the E) Invoices: Summit will render invoices every thirty days. Payment is due upon Scope of Services,the following terms shall apply if they are likewise required in the Client's receipt of each invoice and is past due thirty(30)days from the invoice date. Scope of Services (the term "Contractor"refers to any person(s)or entity(ies)that Client agrees to pay a service charge of one and one half percent(I'/�%)per month,or performs the actual construction of the Project or provide labor,equipment,or materials the maximum rate allowed by law,on past due accounts. Payments will be credited for the construction of the Project): first to interest and then to principal, Payment of invoices shall not be subject to any discounts,set-offs,or backcharges by Client unless agreed to in writing by Summit, 1)Site Observation:If Project site observation visits are to be provided by Summit, Client shall pay all costs,expenses,and distributions,including collection agency fees Summit shall visit the site at intervals appropriate to the stage of the construction,or as and expenses,court costs and reasonable attorneys' fees incurred by Summit,in the otherwise expressly agreed to in the Scope of Services,in order to observe the progress event collection or legal processes are employed to collect outstanding bills, and quality of the work completed by the contractor, Such observation is not meant to be an exhaustive check or a detailed inspection of the contractor's work but rather to F)Sales Tax:Client will pay any applicable sales tax whenever deemed to be due. allow Summit to become generally familiar with the progress of the construction work Payment terms are exclusive of sales tax, and to determine in general if the work is being performed in a manner indicating that, when fully completed, the work will be in accordance with the Project plans and G)Non-Solicitation:During the course of this Agreement and one year thereafter,the specifications. Summit shall not be required to make continuous or exhaustive Client shall not solicit for employment, nor employ, hire or promote the voluntary inspections to check the quantity and quality of the construction work nor shall Summit tennination of any Summit Employee. be responsible for the Contractor's failure to perform the construction work in accordance with the Project plans and specifications, H) Additional Services: For additional services of Summit's employees,Client shall pay Summit an amount equal to the cumulative hours charged by each employee for 2)Work Site Safety: Client agrees that Summit shall not supervise or direct,or have the additional services times his/her standard hourly rate,plus reimbursable expenses. any responsibility for, control over or charge of, the Contractors' work or the construction means,methods,techniques,sequences or procedures,or for the work site I) Expenses: Reimbursable expenses shall be paid by Client and will be included in safety precautions or programs in connection with the construction work.These rights Summit's invoice Reimbursable expenses are the expenses incurred directly by and responsibilities are solely those of the party or parties performing the actual Summit in connection with the furnishing of Services hereunder and typically include construction of the Project. Neither the professional activities of Summit, nor the without limitation transportation (including mileage), lodging, and subsistence presence of Summit personnel and subconsultants at the construction site,shall relieve incidental thereto; providing and maintaining field office facilities including the Contractors and any other entity of their obligations,duties and responsibilities furnishings and utilities;toll telephone calls, mobile phone charges,courier charges; including,but not limited to,construction means,methods,sequence,techniques or reproduction of reports,drawings,specifications,bidding-related or other procurement procedures necessary for performing,superintending or coordinating all portions of the documents, construction contract documents,and similar Project-related items; and construction work safely and in accordance with any health or safety requirements of subconsultants'charges. In addition,if authorized in advance by Owner, any regulatory agency. The Client agrees that the Client, Summit and Summit's Reimbursable Expenses will also include expenses incurred for the use of specialized subconsultants(and their officers,directors,employees,and agents)shall be included equipment, as indemnitees in any indemnification provisions in the Client/Contractor contract for the Project and that Summit and Summit's subconsultants(and their officers,directors, ARTICLE II: SUMMIT'S RESPONSIBILITIES employees, and agents) shall be made additional insureds under the Contractors' general,umbrella and excess liability insurance policies. A) Standard of Care:Summit shall perform the Services called for by this Agreement with the level of care and skill ordinarily exercised by members of the same profession 3)Submittals and Shop Drawings: If the Scope of Services includes the review of practicing under similar conditions at the same time and in the same Contractor submittals and shop drawings,then Summit will review such submittals and shop drawings for the limited purpose of checking for conformance with the design concept expressed and the information provided in the Project construction contract, Page 2 of 4 (Revised 5-1-18) DocuSign Envelope ID:49M6C6-17EB-4320-131 DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 plans, and specifications. This review shall not include review of the accuracy or perform. In such event,Summit may terminate this Agreement or immediately suspend completeness of details,such as quantities,dimensions,weights or gauges,fabrication the performance of services until such failure has been cured. Summit may also processes,construction means or methods,coordination of the work with other trades terminate this agreement upon seven(7)days written notice if Client demands that or construction safety precautions,all of which are the responsibility of the Contractors. Summit furnish or perform services contrary to Summit's responsibilities as a licensed The review shall be conducted with reasonable promptness while allowing sufficient professional or if Summit's Services are delayed for more than 90 days.The Client may time in Summit's judgment to permit adequate review. Review of a specific item shall terminate this Agreement for its convenience upon fourteen(14)days written notice. not indicate that Summit has reviewed the entire assembly of which the item is a In the event of a termination for convenience,Client shall pay Summit for all Services component. Summit shall not be responsible for any deviations from the Project performed and reimbursable expenses incurred up to and including the termination construction contract,plans,or specifications not brought to its attention in writing by effective date plus reasonable expenses incurred by Summit as a result of the the Contractor. Summit shall not be required to review partial submissions or those for termination. Said payment shall be made within ten(10)calendar days of Client's which submissions of correlated items have not been received, receipt of a final invoice. Summit shall be allowed a reasonable amount of time to 4) Requests for Clarification or Interpretation: Summit shall provide, with demobilize personnel and equipment from the Project regardless of the effective date reasonable promptness,written responses to requests from Contractors for clarification of termination. and interpretation of the requirements of the Project plans,specifications,and other In the event the project,or any phase of it is delayed for reasons beyond Summit's documents prepared by Summit or its subconsultants for the Project. If such requests control, unbilled work will be invoiced at the standard hourly rates for the actual for information,clarification or interpretation are, in Summit's professional opinion, number of hours expended. Completed phases will be billed at fees quoted herein. for information readily apparent from reasonable observation of field conditions or a review of the Project plans,specifications,and other documents prepared by Summit F) Disputes: In an effort to resolve any conflicts that arise during the design or or its subconsultants,or reasonably inferable therefrom,Summit shall be entitled to construction of the Project or after completion of the Project,all claims,disputes,or additional compensation at its regular billing rates for its time spent responding to such other matters in question between the parties to this Agreement that arise out ofor relate requests. to this Agreement or the breach thereof shall be submitted to nonbinding mediation before a neutral third-party mediator acceptable to both parties. Such mediation shall 5)Record Documents:If required by the Scope of Services,upon completion of the be a condition precedent to the commencement of any legal action arising out of this construction of the Project, Summit shall compile for and deliver to the Client a Agreement except those legal proceedings related to Client's failure to pay. In addition, reproducible set of Record Documents conforming to the marked-up prints,drawings if a claim relates to a materialman's lien,the party asserting such claim may proceed in and other data furnished to Summit by the Contractor. This set of Record Documents accordance with applicable law to comply with the lien notice or filing deadlines, will show significant changes made during construction. Because these Record notwithstanding anything to the contrary herein. Documents are based on unverified information provided by other parties that Summit will assume to be reliable,Summit cannot and does not warrant their accuracy. The cost of the mediator shall be home equally by the parties.A demand for mediation shall be made within a reasonable time after the claim,dispute or other matter has E) Insurance: Summit shall maintain worker's compensation insurance required by arisen. In no event shall such demand be made after the date that applicable statutes of law. Summit represents and warrants that it maintains general liability and property limitation or repose would bar a legal or equitable action based on such claim,dispute damage insurance. Certificates for such policies shall be provided to Client upon or other matter. written request. Client shall maintain at its own cost and expense, its own general liability and property damage insurance. Client and Summit waive all rights against In the event of litigation relating to the sufficiency or adequacy of performance of each other and Summit's subconsultants,agents and employees for losses or damages services called for by this Agreement,should Summit obtain a judgment dismissing caused by any peril to the extent covered by the property insurance maintained by Client's action or claim or other resolution wherein Summit is not required to make Client,except to the extent such proceeds are held by Client as trustee. This waiver of compensation to Client in excess of Summit's final offer made to Client,whether said subrogation shall be effective as to a person or entity even though that person or entity offer was made in or after the mediation,Summit shall be entitled to recover all costs would otherwise have a duty of indemnification,contractual or otherwise,did not pay incurred in the defense of the claim including staff time,court costs,expert witness the insurance premium directly or indirectly,and whether or not the person or entity fees,and reasonable attorneys'fees,and other claim related expenses, had an insurable interest in the property damaged. G) Choice of LawlVenue:This Agreement shall be governed by the laws of the state article 111:General Legal Provisinns in which the Summit office identified below is located,without regard to its law of conflict of laws.Any legal action or proceeding shall be venued in the State or Federal A) Ownership of Documents: Drawings, specifications, and all other documents Court nearest the municipality in which Summit's office is located. prepared by Summit or its subconsultants, including those in electronic form (collectively"Design Documents")are instruments of service. Summit shall retain all H) Statute of Limitations/Repose: Causes of action pertaining to this Agreement common law,statutory,property,and other reserved rights in the Design Documents, shall be deemed to have accrued and the applicable statutes of limitation and repose including copyright and the right of reuse. The Design Documents,including those in shall commence to run at the earlier of either the date of Substantial Completion of the electronic form are furnished for use solely with respect to this Agreement. Client shall Project or the date Summit's services are substantially complete have a limited license to use the Design Documents on the specific Project identified herein, subject to receipt by Summit of full payment for all its Services provided I) Assigns: Neither the client nor Summit may delegate,assign,or transfer his duties hereunder- Client is permitted to retain copies of the Design Documents, including or interest in this Agreement without consent of the other party,except Summit may in those in electronic form,for information and reference in connection with the Project. its discretion utilize qualified subconsultants in the performance of the Scope of Client shall not use the Design Documents,including those in electronic form furnished Services, by Summit or its subconsultants on other projects,for additions to this Project,or for J) Force Majeure: Neither party to this Agreement shall be liable to the other for the completion of this Project by others,without the express written consent of Summit. delays in perfonning the obligations called for by this Agreement,or the direct and Any reuse without written consent shall be at Client's risk and full legal responsibility. indirect costs resulting from such delays,that are caused by labor strikes,riots,war, B) Client agrees to hold harmless and indemnify Summit and its subconsultants, acts of government authorities, extraordinary weather conditions or other natural agents,and employees from any and all claims,suits,demands,damages,liabilities, catastrophe,or any other cause beyond the reasonable control or contemplation of either and costs,including reasonable attorney fees,arising from such reuse. paw' K) No Third-Party Beneficiaries: Nothing in this Agreement shall create a C) Retention of Documents: Summit will retain, pursuant its usual document contractual relationship with or give any right or benefit to any third party. retention policy,records relating to the Work for a period of three(3)years following completion of the Work. During this period,records will be made available to the L) Severability,Reformation and Survival:If any provision in this Agreement is Client at Summit's offices during normal business hours upon seven(7)day's notice. held invalid,illegal,or unenforceable,the enforceability of the remaining provisions D) Asbestos and Hazardous Materials:Unless otherwise specifically provided in the shall not be impaired thereby. The invalid,illegal or unenforceable provision shall be Scope of Services,Summit and its subconsultants shall have no responsibility for the replaced by a mutually acceptable provision,which,being valid,legal and enforceable, discovery,presence,handling,removal,or disposal of asbestos or hazardous or toxic comes closest to the parties'intention underlying the invalid,illegal or unenforceable materials. provision. Limitations of liability,indemnities,and other express representations shall survive termination of this Agreement for any cause. E) Termination and Suspension:This Agreement maybe terminated by either party M) RISK ALLOCATION/LIMITATION OF LIABILITY• CLIENT AND upon seven(7)days written notice in the event of substantial failure by the other party SUMMIT HAVE DISCUSSED THE RISKS,REWARDS,AND THE BENEFIT OF to perform in accordance with the terms hereof. Such termination shall not be effective THE PROJECT AND SUMMIT'S TOTAL FEE FOR SERVICES. THE RISKS if the substantial failure is remedied before expiration of the seven(7)days. Client's HAVE BEEN ALLOCATED SUCH THAT THE CLIENT AGREES THAT TO THE failure to pay invoices within thirty(30)days shall be deemed a substantial failure to Page 3 of 4 (Revised 5-1-18) DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 FULLEST EXTENT PERMITTED BY LAW, SUMMIT'S (INCLUDING loss of profits,loss of revenue,loss of financing,rental expenses,cost of replacement SUMMIT'S OFFICERS,DIRECTORS,MEMBERS,PARTNERS,AGENTS,AND power,and loss of use of equipment or facilities. EMPLOYEES) TOTAL LIABILITY TO CLIENT AND CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS, AND ANYONE CLAIMING BY, THROUGH, OR UNDER THEM, FOR ANY AND ALL INJURIES, CLAIMS, P) Complete Agreement:This Agreement constitutes the entire agreement between LOSSES, EXPENSES, DAMAGES OR CLAIMS EXPENSES ARISING OUT OF the parties hereto and supersedes all previous understandings and agreements with OR RELATING TO THIS AGREEMENT,WHETHER ARISING IN CONTRACT, respect to the Project or any of the provisions hereof. No statement,promise,condition, TORT,EQUITY,STRICT LIABILITY,BY STATUTE,OR 0"1-1IERWISE,SHALL understanding,inducement,or representation,oral or written,expressed or implied, BE LIMITED TO AND SHALL NOT EXCEED SUMMIT'S TOTAL FEE which is not contained herein shall be binding or valid and this Agreement shall not be HEREUNDER OR$250,000, WHICHEVER IS SMALLER, TI I IS LIMITATION changed,modified or altered in any manner except by an instrument in writing executed INCLUDES BUT IS NOT LIMITED TO CLAIMS BASED UPON DESIGN by the parties heretc- PROFESSIONAL'S NEGLIGENCE, NEGLIGENT MISREPRESENTATION, ERRORS, OMISSIONS, STRICT LIABILITY AND BREACH Oh CONTRACT. Q) Client and Summit are hereby bound and the successors,executors,administrators, HIGHER LIMITS OF LIABILITY ARE AVAILABLE FOR A NEGOTIATED FEE. and legal representatives of Client and Summit are hereby bound to the other party to N) Indemnification:To the fullest extent permitted by law,Client agrees to defend, this Agreement and to the successors, executors, administrators, and legal indemnify and hold harmless Summit, its officers,directors,employees,agents,and representatives(and said assigns) of such other party, in respect of all covenants, subconsultants from all claims, damages, injuries, liabilities, costs and expenses, agreements,and obligations of this Agreement, including reasonable attorneys fees,arising from or claimed to arise from the acts, omissions,negligence,fault,breach of contract,breach of warranty,or strict liability of Client or its employees,agents,contractors and subcontractors, F O) Consequential Damages: To the fullest extent permitted by law, Client and Summit waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special,incidental,indirect,consequential,poilive,treble,or exemplary damages arising out of,resulting from,or in any way related to this Agreement or the Project,from any cause or causes. Consequential damages include without limitation By signing this Agreement,you are consenting to the Terms and Conditions set forth herein. Please retain a copy for yourself and return the signed Original to Summit Design and Engineering Services, PLLC. Client: Orange County Summit Design and Engineering Services,PLLC Address: PO Box 8181 Address: 504 Meadowland Drive City/State: Hillsborough,NC 27278 City/Stat I Iillsborough,NC 27278 [SIGNl [SIGN] By: By: (Print Name) (Print Name) Date: Date: Page 4 of 4 (Revised 5-1-18) DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17E6-4320-B1DF-601984A397F2 SUML4—IT 919.732.3883 SUMMIT-ENGINEER.COM DESIGN AND ENGINEERING SERVICES 504 Meadowland Drive, Hillsborough,NC 27278 June 26, 2018 (EXHIBIT A) Orange County Asset Management Services Attn: Angel Barnes PO Box 8181 Hillsborough, NC 27278 a ba rn esCao ra n geco u nty..g yv Re: Orange County EMS Parking Lot Expansion — Hillsborough, NC - Annual Stormwater BMP Maintenance Inspection & Certification Orange County Tax Parcel PIN: 9874802738 Dear Angel: SUMMIT is pleased with the opportunity to provide this scope and fee proposal for consulting services to perform the required annual inspection and certification for the Stormwater Maintenance Facility at the above referenced location. Our scope of work to be provided is further outlined in the following section of this proposal. We look forward to working with you and assisting you with this project. Crtr;r�i7� a' c�r'IhV — S 2 y SCOPE OF WORK Task .I —Asbuilt Survey of the Sand Filter SCM: SUMMIT will prepare an as-built survey of the existing Sand Filter BMP, including location and elevations of all structures, inverts, grate inlets, pipes, cleanouts and openings as accessible. The as-built survey information will be provided as an attachement to the Annual Certification and inspection report. DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Env@IvjuC3D6C6-17EB-4320-B1DF-601984A397F2 SUMtIT DESIGN AND ENGINEERING SERVICES Task 2 -Annual Maintenance Inspection: SUMMIT will perform one (1) field site inspection of the existing stormwater management BMP facility and all associated appurtenances. We will take measurements as needed and document the conditions with pictures. If it is determined that any maintenance is required prior to an Engineer's Certification of approval, we will provide a list of the items needed to be completed. Task 3 —Annual Inspection Report and Certification: Upon completion of Task 2 we will provide an annual inspection report and Engineer's Certification to be submitted to the Town of Hillsborough Stormwater and Environmental Services Division. The report will include a full summary of the BMP conditions, pictures and any recommendations. Task 4 -- Hourly Services: We do not anticipate that any meetings will be required to complete the scope outlined in Tasks 1 and 2. If any meetings or additional tasks are required or requested by the client, they will be done on an hourly basis according to the attached Schedule of Standard Rates, or per an approved Change Order. Task 2 includes one (1) site inspection of the Stormwater Management Facility. If maintenance is required prior to issuing a final certification approval, any subsequent site inspections will be done on an hourly basis. ASSUMPTIONS & EXCLUSIONS: • Additional services outside this scope of services will be provided if requested by the Client for a negotiated lump sum fee or at our standard hourly billing rates. CLIENT RESPONSIBILITIES: It shall be the responsibility of the Client to provide the following items: 1. Access to the site. 2. Decisions on critical issues as necessary in a timely manner. 3. Payment of all invoices per conditions of the agreement. 4. Client/Owner to be responsible for the payment of all regulatory agency fees if/when required. DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign EnveI e ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 SUHfIT' DESIGN AND ENGINEERING SERVICES COMPENSATION SUMMIT agrees to provide professional services as outlined above in the Scope of Services. Our fee proposal is based on man-hour projections and applicable billing rates for the scope of work and schedule as described and anticipated for this project. SUMMIT proposes a lump sum fee invoiced monthly as a percent complete as follows, with payment due upon receipt. SCOPE OF SERVICES FEE TASK 1 - Asbuilt Survey $750 TASK 1-2 - Annual Maintenance Inspection 5007-5 TASK 3 - Annual Report and Certification $400 TASK 2-3 - Hourly Services Hourl TOTAL ANNUAL FEES (Excluding any Hourly Work 1 650 Reimbursable expenses shall be paid in accordance with the Rate Schedule and General Conditions, as attached hereto. CONCLUSION This document may serve as an Owner-Consulting Engineers Agreement. Included in the agreement are the standard Hourly Rate Schedule and Conditions of the Agreement. If this proposal is acceptable, please execute and return a copy of the Agreement to this office. Do not hesitate to contact us if you have any questions regarding our proposal. Please give us the opportunity to clarify any details of this proposal or to revise this proposal if it appears that we misunderstood some portion of the scope of services. Respectfully submitted: SUMMIT DESIGN AND ENGINEERING SERVICES, PLLC 74- "�'x - , Timothy A. Smith, PLS, PE Senior Project Manager Attachments: Schedule of Standard Rates General Terms and Conditions DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-432C-B1 DF-601984A397F2 SUMMM 919.732.3883 Summitde.net DESIGN AND ENGINEERING SIRWCES 504 Meadowland Drive,Hillsborough,NC 27278 Schedule of Standard Rates Architectural Services Unit Rate Lead Architect $165.00 Per Hour Project Manager $130.00 Per Hour Project Architect $120.00 Per Hour Design Architect $100.00 Per Hour Contract Administrator 1 $110.00 Per Hour Contract Administrator II $120.00 Per Hour Interior Designer $100.00 Per Hour Intern Architect $85.00 Per Hour Revit Designer $85.00 Per Hour Land Development Services Unit Rate Lead Engineer $165.00 Per Hour Senior Project Manager $135.00 Per Hour Project Manager $130.00 Per Hour Associate Project Manager $120.00 Per Hour Senior Project Engineer $125.00 Per Hour Project Engineer II $120.00 Per Hour Project Engineer $110.00 Per Hour Engineering Intern $85.00 Per Hour Project Coordinator $110,00 Per Hour Civil Designer 1 $75.00 Per Hour Civil Designer II $85.00 Per Hour Civil Designer 111 $95.00 Per Hour CAD Designer 1 $65.00 Per Hour CAD Designer II $75.00 Per Hour CAD Designer III $85.00 Per Hour Structural Engineering Services Unit Rate Lead Engineer $165.00 Per Hour Senior Project Engineer $125.00 Per Hour Project Engineer 11 $120.00 Per Hour Project Engineer $110.00 Per Hour Engineering Intern $85.00 Per Hour CAD/Revit Designer $65.00 Per Hour CAD/Revit Designer II $75.00 Per Hour CAD/Revit Designer 111 $85.00 Per Hour Survey Services Unit Rate Project Manager $130.00 Per Hour Senior Project Surveyor $125.00 Per Hour Project Surveyor $100.00 Per Hour CAD Designer III $85.00 Per Hour 1 Man Survey Crew $80.00 Per Hour 2 Man Survey Crew $132.00 Per Hour 3 Man Survey Crew $150.00 Per Hour Miscellaneous Unit Rate Direct Expenses Cost+15% Senior Project Manager $165.00 Per Hour Admin/Clerical $ 50.00 Per Hour Drilling&Laboratory Rates-Available Upon Request 1. All rates are billed on a portal to portal basis. 2. Scheduling of field services requires no less than 24 hours notice. 3. Prices are in effect for 30 days from the date of the proposal. 4. Rates are subject to a 5%Annnual Escalation. Rev.3/2018 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 Ai d DATE(MM/ ) V CERTIFICATE OF LIABILITY INSURANCE o3/zo/2019zo19 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(fes)must have ADDITIONAL INSURED provisions or 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 NAMe T Crystal Ireland Business Insurers of Carolinas PAHO No I (919y 968-4611 FAX Nc (919)968.8991 800 Eastowne Drive,Suite 208 ADDRESS: cireland@business-insurers.com PO BOX 2536 INSURER(S)AFFORDING COVERAGE NAIC IJ Chapel Hill NC 27515-2536 INSORERA: Travelers Indeminity 25658 INSURED INSURER B: Travelers Property Cas Co of America 36161 Summit Design and Engineering Services PLLC INSURER C; Accident Fund General Ins Co 12304 504 Meadowlands Drive INSURER D: INSURER E: Hillsborough NC 27278 INSURERF• COVERAGES CERTIFICATE NUMBER; CL1B32025274 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSK LIR TYPE OFINSURANCE INSD VIVA POLICY NUMBER MMIDDIYYYY MMIDDT FXP M'YY LIMITS ]< COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 TO KERTE17- CLAIMS-MADE IX-1OCCUR PREMISES Eaoccurrenca S 100,000 MED EXP(Any one person) $ 5.000 A Y 6304KO89149 01/01/2019 01/01/2020 PERSONAL&ADV INJURY $ 1,000,000 GMLAGGRE13ATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICY[g j�T LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMB NEDSINGLE LINT $ 1,000.000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 810-2J958216 04/02/2019 04/02/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PR P R E $ AUTOS ONLY AUTOS ONLY Per accido Experience Mod Factor 2 $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 6,000,000 B A EXCESS LAB 11 CLAIMS-MADE CUP41<264429 01/01/2019 01/01/2020 AGGREGATE S 6.000,000 DIED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATIONPER AND EMPLOYERS'LIABILITY STATUTE X ER YIN 1,000,000 C ANY PROPRIEB R EXCLUDED? EXECUTIVE ❑ NIA WCV6179537 01I01/2019 01I01/2020 EL EACH ACCIDENT $ OFFICER/ME(Mandatory in NH) EXCLUDED? 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below [EL DISEASE-POLICY LIMIT $ Excess Policy over GL,AU,WC DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:Link Facility Orange County is included as Additional Insured with regards to General Liability and Auto Liability policy as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. 200 S Cameron Street AUTHORIZED REPRESENTATIVE /1 ) Hillsborough NC 27278 ©1988-2016 ACORD CORPORATION, All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 Policy 810-2J958216 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered, A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier, name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto"hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (I) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or"suit" and keep The following is added to Paragraph A.1.,Who Is us advised of all proceedings and ac- An Insured, of SECTION II—COVERED AUTOS tions. LIABILITY COVERAGE: „ (ii) Neither you nor any other involved Any employee of yours is an Insured"while us- "insured" will make any settlement ing a covered"auto"you don't own, hire or borrow without our consent, in your business or your personal affairs. (iii)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury"or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE, (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "Insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- 11 suit', but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an auto"you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ®2015 The Travelers Indemnity Company All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3„ Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one'loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or"loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or"loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for 'loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the "accident'or"loss" (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 02 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EI3-4320-B1 DF-601984A397F2 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ®2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2 AC ® DATE(MMIDDIYYYY)QRO CERTIFICATE OF LIABILITY INSURANCE 05/17/2019 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 have ADDITIONAL INSURED provisions or 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_ Carla Moore Colonial Insurance Agency Hillsborough PHONE h1afal. (919)732-2191 Ic Mo: (919)732-2192 103 Millstone Dr. Suite A ADD ILSS• Carla@colonial-agency.com Po Box 490 INSURERS AFFORDING COVERAGE NAIL# Hillsborough NC 27278 INSURER : Starr Surplus Lines Ins.Co- 13604 INSURED INSURER B: Summit Design And Engineering Services, PLLC INSURER C 504 Meadowlands Drive INSURER D INSURER E' Hillsborough NC 27278 iNsuRER 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 CLAIMSADDLSUBR IN . LTXP R TYPE OF INSURANCE POLICY NUMBER M�MMD YY MMIDWY POICVYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE F1 OCCUR E6A 1 P EM L I V KLIV I L ISFS F�occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ POLICY PRl7 LOC PRODUCTS-COMPIOP AGG $ IFCT OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIM $ q%LG_M ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OVITIED PRO RTYDAMAGE $ AUTOS ONLY AUTOS ONLY Poracp ! UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION SEA LITE ER AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNERiEXECUTIVE E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS bel w E L DISEASE-POLICY LIMIT $ Professional, E&O Contractors Occurence 5,000.000 A Pollution Liability N N SLSL-PRO-262380-19 04/02/2019 04/02/2020 Aggregate 5.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is requiredl CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA71ON DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Asset Management Services ACCORDANCE WITH THE POLICY PROVISIONS. 131 W Margaret Lane AUTHORIZED REPRESENTATIVE I Hillsborough NC 27278 r Fax: Emall:abarnes@orangecountync.gov ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2 DATE(MMIDDIYYYY) ,aco�o® CERTIFICATE OF LIABILITY INSURANCE ��. 05/17/2019 THIS CERTIFICATE IS ISSUED AS A NIATTER OF INFORNIA71ON ONLY AND CONFERS NO RIGHTS UPON THE CERTEFICATE 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 have ADDITIONAL INSURED provisions or 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: Calla Moore Colonial Insurance Agency Hillsborough nr'C' (919)732 2191 aIc No; (919}732 2192 103 Millstone Dr.Suite A EMAIL ADDRESS, .com caa colonial-a enc ADDRESS: ca0a@colonial-agency.com Y Po Box 490 INSURER 8 AFFORDING COVERAGE NAIL# Hillsborough NC 27278 INSURERA: Starr Surplus Lines ins.Co. 13604 INSURED INSURER B Summit Design And Engineering Services, PLLC INSURER C 504 Meadowlands Drive INSURER D INSURER E: Hillsborough NC 27278 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. NSR ADOLSUBR POLICY E LTR TYPE OF INSURANCE INSD WVQ POLICY NUMBER MWDDIYYYY) fMM1DDfYYYYl LIMITS CQMMERCIALGENERALLIABILITY EACHOCCURRENCE $ CLAIMS-MADE OCCUR PREMISES a cecurrence $ MED EXP(Arty orre person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY JECT LOC -PRO DUCTS-COMPOOPAGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMrr $ Ea accident ANYAUTO BODILYINJURY(Per person) $ OWNED SCHEDULED BO DI LY IN JU RY(Per acc ident) $ AUTOS ONLY AUTOS HIRED NON-OWNED ROPERTY D AGE $ AUTOS ONLY AUTOS ONLY PeracU $ c!deni UMBRELLA LIAR OCCUR EACH OCCURRENCE $ ?DED XCESS LIAB HCLAIMS-MADE AGGREGATE $ I I RETENTION$ $ WO RKE R 9 CO MP EN SA MON AN[)EMPLOYERS'LIABILJTY Y r N STATUTE I I ERH ANY PROPRIETORPARTNER'EXECLITIVE E.L.EACH ACCIDENT $ 0FPICER:MINBER EXCLUDED? NIA (Mandatoryin NH) E.L.DISEASE-EA EMPLOYE $ Iryes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional, E&O Contractors Occurence 5,000,000 A Pollution Liability N N SLSL-PRO-262380-19 04/02/2019 04/02/2020 Aggregate 5,000,000 ❑ESCRIPTION Of OPERATIONS+LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule.may be attached it more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Asset Management Services ACCORDANCE WITH THE POLICY PROVISIONS. 131 W Margaret Lane AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 Fax: Email'alaarnes@orangecountync.gov Q 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACOR❑