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HomeMy WebLinkAbout2020-144-E AMS - Summit Engineering OPT Sewer tie in DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E [Departmental Use Only] TITLE OCPT Sewer Tie in FY 2019-2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of February, 2020, ("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 Engineering and Design 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: As per attached proposal dated 01/08/2020 with revision date of 02/12/2020 The term of this agreement rendered shall be from 02/20/2020 to Completion as per attached proposal dated 01/08/2020 with revision date of 02/12/2020. 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 I. Payment: The County agrees to pay at the rates specified for Services satisfactorily (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Four Thousand Two Hundred and 0/100 Dollars, ($4,200). 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 Revised 11/19 1 DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountVnc.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. Indemni : To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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.oran ec�ounlync. og v/departments/purchasing division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider 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 Revised 11/19 2 DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. OF ''oocusigned by,—,—y PRf oacusigned by: Szww QM.k 3/13/2020 pat,l � fit., �VA04i .J�Sj p.f,. B 2669C66B89844CE.. By' 82C96A58F732yi-9/2020 Department Director Title: 200 S. Cameron St. Summit Design and Engineering Services PLLC P.O. Box 8181 Patrick Cummings, PE,Vice President Hillsborough,NC 27278 320 Executive Court,Hillsborough NC 27278 Revised 11/19 3 DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9 3717E162CF6E USUMMIT 320 Executive Court, Hillsborough, NC 27278 DESIGN AND ENGINEERING SERVICES Phone // 919.732.3883 Web // www.summitde.net January 8, 2020 Revised January 14, 2020 Revised January 21, 2020 Revised January 29, 2020 Revised February 12, 2020 Sandra D'Arensbourg Orange County Asset Management Services sdarensbourg@orangecountync.gov Re: Orange County Stormwater Services Fee Proposal RFQ#5267 — Qualification Proposal Sent 8/22/19 Dear Ms. D'Arensbourg: SUMMIT is pleased with the opportunity to provide this scope and fee proposal for consulting services for the development of the above referenced properties. The following scope and fees are based on our January 2, 2020 meeting where all of the projects were discussed in great detail. We look forward to working with you to meet the needs and goals for these projects. A more detailed description of each project along with a sketch highlighting scope of work for each project is in Appendix A. SCOPE OF WORK The following Tasks would be similar for all buildings except the Motor Pool / Transportation Administration building which has more detail for plan preparation. The Motor Pool design is to include permitting drawings but not being bid at this time. The Transportation Administration Building is to include a sanitary sewer extension which will require a separate NCDENR sewer line extension permit and certification. Zoning permit (ZCP), COA and minor works applications will be included where needed within the Historic District (all but the Motor Pool facility). Task 1 — Due Diligence / Schematic Design — Concept Report; SUMMIT will perform due diligence on each site including a field walk identifying problem areas. The information gathered at these field walks will be used to develop conceptual solutions. These solutions along with Atlas Engineering's review will be put together to generate a Concept Report. This Report will identify problem areas and recommended solutions for the problems. If proposed improvements exceed project funds, we will prioritize the list to allow the County to select what improvements should be made at this time. DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E Task 2 - Detailed Design: SUMMIT will develop construction drawings for each facility. The construction drawings will be reviewed by the County prior to us developing bid documents. Our subconsultant Cumming will provide 3rd party cost estimating services for the proposed improvements. If costs exceed project funds, the contract documents will include alternatives for projects over the estimated amount to allow the County to get bids and determine what improvements can be built at this time. Task 3 - Contract Documents and Bid Assistance: Bid Administration - SUMMIT will prepare project specifications and bid documents. We will also assist in advertising the project, public bid opening, perform a bid review, prepare bid tabulations of the bids received, and submit a formal bid award recommendation to the County. Attend preliminary and other meetings throughout the Design and Bid process. Construction Administration - SUMMIT will provide onsite inspection personnel that will periodically monitor the contractor's adherence to the project plans and specifications. SUMMIT will review and approve all Pay Application and facilitate the processing of any necessary Change Orders. The project team will perform a final inspection of all locations and develop a punch list. We will monitor the completion of the final punch list and review the final pay application. Task - Geotechnical services have been identified for each building as follows. Board of Elections - Six hand auger borings will be performed at the Board of Elections building and advanced to 6 feet or hand auger refusal, whichever comes first. Piezometers will be installed at two of the hand auger boring locations. Sheriff's Office - Three hand auger borings will be performed at the Sheriff's Office and advanced to 6 feet or hand auger refusal, whichever comes first. No piezometers will be installed at this location. Whitted Facility - Six borings will be advanced to 10 feet around the Recreation building with two piezometers installed in those borings. Four borings will be advanced to 10 feet around the Health building with temporary piezometers installed in two of those borings. One boring will be advanced to 10 feet at the dumpster area, and three borings will be advanced to 5 feet in the gravel parking lot leading to the dumpster to determine if more gravel will be required. Borings will be terminated if auger refusal occurs. DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E Orange County Transit Site - No Borings Transportation Building Site Task 1 — Due Diligence / Schematic Design — Concept Report: None Task 2 — Detailed Design: SUMMIT will develop the most economical route to extend the sanitary sewer lateral to the Transportation Building. We will prepare a plan to abandon the septic tank and a sanitary sewer lateral drawing to submit to the Town of Hillsborough for approval with the Sanitary Sewer Extension Permit. We anticipate that the following permits will be required for the project and SUMMIT will prepare and submit the applications to be reviewed by each authority. a) Town of Hillsborough Sanitary Sewer Extension Permit o A sanitary sewer extension permit will be required for providing sanitary sewer to the administration building. This is the only permit anticipated at this time. If during the review process it is determined that other permits will be required, SUMMIT will assist as needed with those permits on a time-and-material basis or per an approved Change Order. Task 3 — Contract Documents and Bid Assistance: Bid Administration — SUMMIT will prepare project specifications and bid documents. We will also assist in advertising the project, public bid opening, perform a bid review, prepare bid tabulations of the bids received, and submit a formal bid award recommendation to the County. Attend preliminary and other meetings throughout the Design and Bid process. Construction Administration — SUMMIT will provide onsite inspection personnel that will periodically monitor the contractor's adherence to the project plans and specifications. SUMMIT will review and approve all Pay Application and facilitate the processing of any necessary Change Orders. The project team will perform a final inspection of all locations and develop a punch list. We will monitor the completion of the final punch list and review the final pay application. Design Surveying Services: Topographic Survey DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E i6i o Tie to NC Grid Coordinate system NAD 83/11 horizontal and NAVD 88 vertical by GPS and/or conventional methods as practical. o Recover/set/reference property corners as needed. o Topographic survey a strip 25' wide from the drive near the Motor Pool building to the administration building to the septic tank area. o Utilities including pipe size, material and inverts to be located to extent visible and readily accessible and/or as marked by SUE utility locator service as provided by client. o Sewer laterals in intersection and next upstream or downstream structures. o Set benchmark o Provide results of survey as signed, sealed drawing and cad file. 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 design 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 for applications, plan review and permitting. DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E 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 to be invoiced monthly on a percent complete basis, with payment due upon receipt. SCOPE OF SERVICES - Board Of Elections FEE TASK 1 - Due Diligence / Schematic Design - Conce t Report $2,500 TASK 2 - Detailed Design $13,800 TASK 3 - Contract Documents and Bid Assistance $5,000 Atlas Engineering Includin 15% markup $12,200 Geotechnical $4,000 Cumming Cost Estimating $6,500 TOTAL FEES M $44,000 SCOPE OF SERVICES - Sheriff's Office FEE TASK 1 - Due Diligence / Schematic Design - Concept Report $500 TASK 2 - Detailed Design $500 TASK 3 - Contract Documents and Bid Assistance $1,000 Atlas Engineering Includin 15% markup $10,500 Geotechnical $3,000 Cumming Cost Estimating $2,000 TOTAL FEES $17,500 SCOPE OF SERVICES - Whitted Building FEE TASK 1 - Due Diligence / Schematic Design - Concept Report $8,500 TASK 2 - Detailed Design $34,000 TASK 3 - Contract Documents and Bid Assistance $5,000 Atlas Engineering Includin 15% markup $14,300 Geotechnical $5,000 Cumming Cost Estimating $7,000 TOTAL FEES $73,800 DocuSign Envelope ID:86AA2D69-2618-49CA ABD9 3717E162CHE 4W SCOPE OF SERVICES - Transportation FEE FEE Administration Building Sanitary Admin Sewer /Se tic Building TASK 1 $0 TASK 2 - Detailed Design $1,700 TASK 3 - Contract Documents and Bid Assistance $500 Atlas Engineering Including 15% markup $0 Geotechnical $0 Surveying $2,000 TOTAL FEES $4,200 SCOPE OF SERVICES - Motor Pool FEE Deleted $0 TOTAL FEES Reimbursable expenses shall be paid in accordance with the Rate Schedule and General Conditions, as attached hereto. The total fees for all five projects is $139,500. 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 PO-w S Zv`e r Donald A. Sever, PE Senior Project Manager Attachments: Schedule of Standard Rates DocuSign Envelope ID:86AA2D69-2618-49CA ABD9 3717E162CF6E Appendix A— Background and Detailed Scope Board of Elections Background: The Orange County Board of Elections building located at 208 South Cameron Street, Hillsborough NC was built in 1968. The location of this property is within close proximity to the Eno River and within a stream that feeds into the Eno River. The Board of Elections Building is a one-story building over a partial day-lighted basement and partial crawlspace. The building has an irregular footprint measuring approximately 87' x 115'. Originally the basement housed the HVAC and electrical systems. Due to flooding the HVAC equipment has been relocated to the attic space and courtyard of the facility, and the electrical distribution has been relocated to the exterior. Over the past few years there have been multiple floods within the basement, then over the past year there have been environmental concerns reported within the facility. Over the past eight months Orange County has replaced the complete HVAC system, carpet, ceiling systems and remediated all organic growth found within the facility. The basement is now partially sealed with access outside the flood plain and (2) commercial dehumidifiers are operating within the crawlspace/basement to avoid future environmental concerns. Board of Elections Building Scope (200 S. Cameron Street) The primary goal of Orange County is to reduce any water intrusion or future flood damage to the existing facility. This includes the study of the existing drainage/stormwater management systems, including the runoff that overwhelms the system during heavy rainfalls. This building is located on an elevation lower than the existing roadway that provides access to the facility. This scope includes ensuring all stormwater drains are open and flowing as designed, site grading as required to move the water to the drainage system and away from the facility and installation of waterproofing as needed for reduction of water intrusion during future weather events. The scope would also include ensuring the existing ramp (located at the back of the facility) is to be removed and backfilled; the sidewalks are reinstalled to meet accessibility requirements if removal is necessary to correct site grading. All landscaping shall be restored after all construction is complete. Richard E. Whitted Complex Background: The Whitted Building Complex is located in Hillsborough at 300 & 302 West Tryon Street. The oldest sector of this complex was constructed in 1922, with additions in 1936 and 1957. The complex was acquired by Orange County in 1975. Orange County perform significant renovations during 2002-2004, included replacement of HVAC system, 2012 included Health medical and dental clinic spaces, and 2014 for creation of a new Board of County Commissioners' meeting space and related services. The "A" and "B" buildings house the Orange County Health administrative offices, Health and Dental clinic space and Housing and Community Development departments. Major components of the HVAC system also serve the Central Recreation building which includes a gymnasium. Significant renovations for this facility occurred during 2002-2004, including replacement of HVAC system. An accessible entrance was constructed in 2007. All three facilities have shared parking, sidewalks, utilities, and stormwater management. This complex currently needs the necessary site and storm water management improvements to the rear of the Richard E. Whitted Complex, including DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E Whitted buildings A and B, and the Central Recreation Building. Currently the major water intrusion occurs on the ground level of building "B" Orange County Dental Clinic, north east corner of the building. There are also concerns with water/moisture within the flooring of the Central Recreation facility causing the tiles to curl and become trip hazards. Richard E. Whitted Complex Scope The primary goal of Orange County is to reduce the potential for water intrusion or any future flooding to the existing facilities. The scope includes performing a study of the existing complex stormwater management systems for necessary site and storm water management improvements in the rear area of the Richard E. Whitted Complex, including Whitted buildings A and B, and the Central Recreation Building. The scope includes facility waste container corral, site drainage improvements, building waterproofing, site grading changes, gravel parking lot improvements, back stair step/sidewalk improvements, fencing repairs, landscaping, and required signage. Orange County Sheriff's Office Background (106 E. Margaret Lane) The Orange County Sheriff's Office is considered a part of the Orange County Justice Facility. The original facility was built in 1954 and then the Sheriff's office was added in 2008. Currently the uniform room located below grade has been experiencing water intrusion and humidity problems. The current uniform room was formerly used as a mechanical boiler room. Orange County Sheriff's Office Scope (106 E. Margaret Lane) The primary goal of Orange County is to reduce the potential for water intrusion or any future flooding to the existing uniform room. The scope includes performing a study of the existing stormwater management systems for necessary storm water management improvements in the exterior area directly related to the uniform room. The scope includes stormwater drainage improvements, building waterproofing, site grading changes, and related landscaping. Public Transportation Administration Building Scope (600 Hwy 86N) The scope includes the removal of the existing septic system and connecting this facility to the sanitary sewer lateral serving the Motor Pool building. DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E DATE LMMIDDIYYYY} CERTIFICATE OF LIABILITY INSURANCE ��. 01/06/2020 THIS CERTIFICATE 15 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 CONTANAME' Carla Moore Colonial Insurance Agency Hillsborough A"oNNo,EEW (919)732 2191 FAX No: (919)732 2192 103 Millstone Dr.Suite A EMAIL ADDRESS, colonial-a enc ADDRESS: .com C� � Y 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 320 Executive Court 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. ILTR NSR ACOLSUBR POLICY TYPE OF INSURANCE POLICY NUMBER MWDDIYEYYY1 iMPkDDffYYYI LIMITS COMMERCIAL GENE PALLIABILJTY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISESUERa occurrence $ MED EXP(Any orre person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ JECT PO-ICY1:1 PRO LOC PRODUCTS GOMP+OP AGG $ OTHFR $ AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT $ Ea accident ANYAUTO BODILYINJURY(Per person) $ OWNED SCHEDULED L3oDILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED ROPERTY D AGE $ AUTOS ONLY AUTOS ONLY PeracU $ c!deni UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y r N STATUTE I I ERH ANY PROPRIETOR:PARTNER+EXECUTIVE E.L.EACH ACCIDENT $ OFPICER:MEMSER EXCLUDED? MIA (Mandatoryin NH) E.L.DISEASE-EA EMPLOYE $ Iryes,describe under DESCRIPTION OF OPERATIONS below E., DISEASE-POLICY LIMIT $ Professional, E&O Contractors Occurence 5,000,000 A Pollution Liability N N SLSL-PRO-262380-19 04/02/2019 0410M020 Aggregate 5,000,D00 ❑ESCR1P710N OF OPERATIONS+LOCATIONS I VEHICLES (ACCRQ 101.Addlt[on aI Remarks Schedule,may be attached if more space is required) Project: Capital Projects 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 _Py Hillsborough NC 27278 Fax: F-mallabarnes@orangecountync.gov ©1988-2015 ACORD CORPORATION. Al rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACOR❑ DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E A ��0 CERTIFICATE OF LIABILITY INSURANCE DATE(M 01/06//2020 Y) 020 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 Crystal Perry NAME: Business Insurers of Carolinas aCONN. Ext: (919)968-4611 ac,No): (919)968-8991 501 Eastowne Drive,Suite 250 E-MAIL c er business-insurers.com ADDRESS: p ry@ PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515 INSURERA: Travelers Indeminity 25658 INSURED INSURER B: Travelers Property Cas Cc of America 36161 Summit Design and Engineering Services PLLC INSURER C: Accident Fund Insurance Cc of America 10166 320 Executive Court INSURER D: INSURER E: Hillsborough NC 27278 INSURER F: COVERAGES CERTIFICATE NUMBER: CL19121927785 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. TR INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE To_7CLAIMS-MADE � OCCUR PREM SES Ea occurrence)l $ 100,000 MED EXP(Any one person) $ 5,000 A Y 6304KO89149 01/01/2020 01/01/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx_1 PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 810-2J958216 04/02/2019 04/02/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED I NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Experience Mod Factor 2 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 B EXCESS LIAB CLAIMS-MADE CUP41<264429 01/01/2020 01/01/2021 AGGREGATE $ 6,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X1 STER ATUTE X ORTH- AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBEREXCLUDED? NIA WCV6179537 01/01/2020 01/01/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Excess/Umbrella over GL,AU,WC DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Capital Projects Certificate holder is included as additional insured in reference to the General Liability&Auto Liability policies per 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 Asset Management Services ACCORDANCE WITH THE POLICY PROVISIONS. Capital Projects AUTHORIZED REPRESENTATIVE 131 West Margaret Lane Hillsborough NC 27278 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E 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. ERE❑ 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.5., Who Is An Insured, of SECTION 11 —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 "insures!" 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 (D 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Servlces Office,Inc.with its permission. DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E 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 lions. LIABILITY COVERAGE: Any "employee" of yours is an "insured"while u5- (ii) Neither you nor any other involved "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. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate 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 11 —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- "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 11 — 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 (if you are a Limited liability company) or ritories and possessions, Puerto Rico and Canada. members of their households. Page 2 of 4 02015 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:86AA2D69-2618-49CA-ABD9-3717E162CF6E 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.i.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 $750 for any one "accident". (b) A partner(if you are a partnership); I. PHYSICAL DAMAGE — TRANSPORTATION (c) A member (if you are a limited liability com- 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 y you to give no- 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 $404 for "loss" to wearing ap- signed and executed prior to any "accident" pares 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 m 2015 The Travelers Indemnity Company.AN rights reserved. Page 3 of 4 Includes copyrighted material of Insurance services Office,inc.with its permission. DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E 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 givers by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS ❑R ❑MISSIONS ever this provision [foes not affect our fight to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise ❑ur right ❑f cealment, Misrepresentation, Or Fraud, ❑f cancellation ❑r non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: Page 4 of 4 iD tot 5 The"travelers Indemn'sty Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services office,Inc.with its permission. DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E Policy 6304KO89149 COMMERCIAL GENERAL LIABILITY THIS ENDORSMENT CHANGES THE POLCY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement mod€fees insurance provided under the following: COMMERCIAL GENERAL LIABILITY OVERAGE PART COMMERCIAL GENERAL LIABILITY-CONTRACTORS COVERAGE PART 1) WHO IS AN INSURED — (Section 11) is drawings, opinions, reports, surveys, amended to include any person or field orders, change orders, or drawings organization you are required to include as an and specifications;and additional insured on this policy by a written contract or written agreement In effect during ii] Supervisory or inspection activities this policy period and signed and executed by performed as part of any related you prior to the loss for which coverage is architectural or engineering activities. sought. The person or organization does not qualify as an additional insured with respect to c) This insurance does not apply to "bodily the independent acts or omissions of such injury" or "property damage" caused by person or organization. The person or 'your work' included in the "products- organization Is only an additional insured with completed operations hazard" unless you respect to liability caused by 'your work" far are required to provide such coverage for that additional Insured. the additional Insured by a written contract or written agreement in effect during this 2) The insurance provided to the additional policy period and signed and executed by insured is limited as follows: you prior to the loss for which coverage is sought and then only for the period of time a) In the event that the limits of liability stated required by such contract or agreement and in the policy exceed the limits of liability in no event beyond the expiration date of the required by a written contract or written policy. agreement in effect during this policy period and signed and executed by you 3) Subpart (1)(a) of the Pollution exclusion under prior to the loss for which coverage is Paragraph 2., Exclusions of Bodily Injury and sought, the insurance provided by this Property Damage Liability Coverage(Section I— endorsement shall be limited to the limits Coverages) does not apply to you If the "bodily of liability required by such contract or injury or 'property damage" arises out of'your agreement. This endorsement shall not work' performed on premises which are owned increase the limits stated in Section Ill- or rented by the additional insured at the time LIMITS OF INSURANCE. "your work"is performed. b] The insurance provided to the additional 4) Any coverage provided by this endorsement to insured does not apply to"bodily injury"or an additional insured shall be excess over any °advertising Injury arising out of an other valid and collectible insurance available to architect's, engineer's or surveyor's the additional insured whether primary, excess, rendering of or failure to render any contingent or on any other basis unless a written professional services including: contract or written agreement in effect during this policy period and signed and executed by i) The preparing, approving or failing to you prior to the loss For which coverage is prepare or approve maps, shop sought specifically requires that this insurance Copyright,The Travelers indemnity Company, 2002 CG 02 46 10 02 DocuSign Envelope ID:86AA2D69-2618-49CA-ABD9-3717E162CF6E apply on a primary or non-contributory basis. c) Tender the defense and indemnity of any When this insurance is primary and there is claim or "suit' to any other insurer which other insurance available to the additional insured also Insures against a loss we cover under from any source, we will share with that other this endorsement, This includes, but is not insurance by the method described in the policy, limited to, any insurer which has issued a policy of insurance in which the additional 5) As a condition of coverage, each additional insured qualifies as an insured. For insured must: purposes of this requirement, the term 'Insures against"refers to any self-insurance and to any Insurer which issued a policy of a) Give us prompt written notice of an insurance that may provide coverage for the .occurrence' or offences which may result loss, regardless of whether the additional In a claim and prompt written notice of insured has actually requested that the "suit". insurer provide the additional insured with a defense and/or indemnity under that policy b) Immediately forward all legal papers to us, of insurance. cooperate in the investigation or settlement of the claim or defense against d) Agree to make available any other insurance the "suit," and otherwise comply with that the additional insured has for a loss we policy conditions. cover under this endorsement. Copyright,The Travelers indemnity Company, 2002 CG D2 46 10 02