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HomeMy WebLinkAbout2020-193-E AMS - Summit Parking deck design DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 [Departmental Use Only] TITLE Eno Deck Design 5-10 FY 2019-2020 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 27th day of February, 2020, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Summit Design and Engineering Services, PLLC, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Eno Parking deck design services items 5,6,7,8,9,and 10 as per attached proposal dated 02/19/2020. 11) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 11/19 1 DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the Basic Services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out and/or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign and/or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. Revised 11/19 2 DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): As per attached proposal items 5-10 dated 2/19/2020. 4. Duration of Services a. Term. The term of this Agreement shall be from 02/27/2020 to Completion as per attached proposal items 5-10 dated 2/19/2020. . b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 02/27/2020. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Fourteen Thousand Seven Hundred Sixty and 0/100 Dollars ($14,760.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Sandra D'Arensbourg) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the Revised 11/19 3 DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. Revised 11/19 4 DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor 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. c. Non-Discrimination. 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 non-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_eg countync. ova/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy 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. Revised 11/19 5 DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by Revised 11/19 6 DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:AMS Patrick Cummings, PE P.O. Box 8181 Summit Design and Hillsborough,NC 27278 Engineering Services PLLC [SIGNATURE PAGE TO FOLLOW] Revised 11/19 7 DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: ,¢Oocu5igned by: L)"uSigned by: B 66ttiAA, �'MKALYS� 3/13/2020 By: I82MAHF731474�L, A.. �,LR.N�YHIbt,/�S� P.f.2/24/2020 y' 06379946755E477.. .. Bonnie riammersiey, t-ounty Manager Patrick Cummings, PE, Vice President Printed Name and Title Revised 11/19 8 DocuSign Envelope ID: 13777B3D-11F6-48F1-9874-3B94A8B30810 USUMMIT 1110 Navaho Drive, Suite 600, Raleigh, NC 27609 DESIGN AND ENGINEERING SERVICES Phone // 919.322.0115 Web // www.summitde.net February 17, 2019 Ms. Angel Barnes Capital Project Manager Orange County Asset Management Service 600 Hwy 86N Hillsborough, NC 28278 Re: Gateway Center Parking Deck Repair Plan Hillsborough, NC Dear Ms. Barnes: We appreciate you contacting Summit Design and Engineering Services, PLLC regarding this project. Summit recently completed Phase 1 of proposed services for this project which consisted of the field evaluation of the parking deck. Based on coordination during the completion of Phase 1, we understand that you wish to retain an engineering firm to provide design services related to the repair of this parking deck and provide construction administration services, noted as Phase 2 below. Based on this, SUMMIT proposes providing the following services to Orange County: Phase 1 - Field Evaluation Phase (Completed) 1. Review any existing facilities drawings 2. Prepare and execute a field inspection program to walkthrough the entirety of the facility, visually observing the facility for areas of damage or deterioration 3. Perform selective "chain drag" testing of any area of delamination concern. 4. Submit an engineering report detailing our findings to the County, which will include: a. An assessment of current conditions b. Recommended repairs for short and long term c. A proposed maintenance plan d. Budgetary probable construction cost for the necessary repairs. Phase 2 - Design Phase 5. Meet with the county to discuss and determine the scope of repair items to be included in a set of construction documents for the deck repairs 6. Prepare construction documents and specifications for the repair scope DocuSign Envelope ID: 13777B3D-1 1 F6-48F1-9874-3B94A8B3081 0 determined in step 5 above. 7. Provide a statement of probable construction cost 8. Submit plan to the county for approval Phase 3 - Bidding and Construction Phase 9. Assist the City with Advertising and Bidding as requested 10. Assist the City with public meetings as requested 11. If requested, provide construction management and inspection services during construction of these repair We propose providing the Design Phase Services (Items 5-8) for a fixed fee of$12,600. Items under Phase 3 would be billed at hourly rates but the estimated costs for Items 9-10 are listed below: Items 9 and 10: $2,160 for engineering support Item 11: $8,640 for engineering support & construction administration/management; $30,000 for inspection services. We look forward to assisting you with this project. Please let me know if you have any questions or if I can provide additional information. Regards, Summit Design and Engineering Services Wes Taylor, PE Senior Structural Engineer DocuSign Envelope ID: 13777B3D-1 1 F6-48F1-9874-3B94A8B3081 0 ACC-" CERTIFICATE OF LIABILITY INSURANCE 7DATE(MMIDDrrYY1r1 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 AIC No Ext- (919)968-4511 Alc.No: (919)968-8991 501 Eastowne Drive,Suite 250 E-MAILcperry@business-insurers.com ADDRESS: PO Box 2536 1NSURER(S)AF FORM NG COVERAGE NAIC# Chapel Hill NC 27515 INSURERA: Travelers Indeminity 25658 INSURED INSURER B: Travelers Property Cas CO ofAmerica 36161 Summit Design and Engineering Services PLLC INSURER C: Accident Fund Insurance Co 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 NAVE 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. IN SR ADUL SUIJR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE CLAIMS-MADE x OCCUR PREMISES Ea occurrence 5 100,D00 M E D E X P(Any one person) s 5,000 A Y 6304KO89149 0110112020 01/01/2021 PERSONAL&ADVINJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE 5 2,000.000 POLICY 19 PRO- ❑ 2.000.000 JECT LDC PRO DUCT S-DOMPIOPAGG 5 OTHER: S AUTOMOBILE LIABILITY COMBINED 51NGLE LIMIT s 1.000,000 Ea accident x ANY AUTO BODILY INJURY(Per perwrll s A OWNED SCHEDULED Y 810-2J958216 04/0212019 04/02/2020 BODILY 1NJURY(Peraccidenll s AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S X AUTOS ONLY AUTOS ONLY Per accident Experience Mod Factor 2 s X UMBRELLA LTAB x OCCUR EACH OCCURRENCE s 6.000,000 B EXCESS LIAR CLAIMS-MADE CUP4K264429 01101)2020 01/01/2021 AGGREGATE 5 6,OD0.00D OE❑ X RETENTION S 10,0od v 5 WORKERS COMPENSATION S ATUTE /� ORH AND EMPLOYERS'LIABILITY YIN CI ANY PROP RIETORIPARTJERIEXECUTIVE El EACHACCIDENT s 1,000,000 OFFICE RIM E M BER EXCLUDED? NIA WCV6179537 01/01/2020 01101/2021 (Mandatory in NH) El DISEASE-EA EMPLOYEE s 1,000,0DO IT yes,descnbe under 1❑0❑000 DESCRIPTION OF OPERATIONS below El DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS LOCATIONS?VEHICLES IACORO 101,Additional Remarks Schedule,may he 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 Hillsborough NC 27278 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 1377763D-11F6-48F1-9874-31394A81330810 Policy 6304KO89149 COMMERCIAL GENERAL LIABILITY THIS ENDORSMENT CHANGES THE POLCY.PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY-CONTRACTORS COVERAGE PART iy WHO IS AN INSURED -- {Section It) 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 activitles 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 'product-,- organization Is only an additlonai insured with completed operations hazard" unless you respect to liability caused by "your work" for 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 llability 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 Ross for which coverage is Paragraph 2., Exclusions of Bodily Injury and sought, the Insurance provided by this Property Damage Liability Coverage(Section I— endorsement shalt 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 Ilmits stated in Section III- 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 a2 46 10 02 DocuSign Envelope ID: 13777B3D-11F6-48F1-9874-31394A81330810 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. Ilmlted 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 mush 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 add!Ucnal In a claim and prompt written notice of insured has actually requested that the "suit". insurer provide the additional insured with a defense andfor indemnity under that policy b) Immediately forward all legal papers to us, of Insurance. cooperate in the Investigation or settlement of the calm 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 polity conditions. cover under this endorsement. Copyright,The Travelers Indemnity Company, 2002 CG 02 46 10 02 DocuSign Envelope ID: 13777B3D-11F6-48F1-9874-3B94A8B30810 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: 13777B3D-11 F6-48F1-9874-3B94A8B3081 0 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: 13777133D-11F6-48F1-9874-31394A8630810 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: 13777B3D-11F6-48F1-9874-3B94A8B30810 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: 13777133D-11F6-481`1-9874-31394A8630810 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 2015 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: 13777B3D-11F6-48F1-9874-31394A8630810 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: 13777B3D-11F6-48F1-9874-31394A8630810 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