HomeMy WebLinkAbout2013-485 AMS - ECS Carolinas LLP County Jail Site EAS Phase 1 Geotech Study Utility Capacity Study $7,600 [Departmental Use Only]
TITLE Jail-Geotech Study
FY 2014
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1 st day of November, 2013, ("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 ECS Carolina,LLP(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 (hereinafter referred to collectively as "Services") to be furnished
under this Agreement are as follows: County Jail Site ESA Phase I, Geotech Study,Utility Capacity Study
(as outlined in the attached proposal dated October 21,2013.
The term of this agreement rendered shall be from November 1,2013 to December 31,2013.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in
the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
responsibility granted or required by this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
1. Payment: The County agrees to ,pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not exceed Seven
Thousand Six Hundred Dollars, ($7,600). 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 Provider, and the
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.
4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may
be required by Owner's Risk Manager as such insurance requirements are described in the Orange County
Revised 9/13 1
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at http://oran ecoun nc.gov/purchasing/contracts.as p).
If Owner'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
Owner's Risk Manager.
5. Indemni : The Provider agrees 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.
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.
7. Entire Agreement: 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.
8. Priori : In determining the basic services to be provided, should any documents be
referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of
referenced documents and the terms of this Agreement.
9. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in
Orange County,North Carolina. 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 anti-discrimination laws.
Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract
with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of
Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain
compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's
breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with
Article 2 of Chapter 64 of the North Carolina General Statutes.
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.
[SIGNATURE PAGE TO FOLLOW]
Revised 9/13 2
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANG O PROVIDER
d
By: By:
Co my a e Title: �e
200 S. Cameron St. ECS Carolina,LLP
P.O. Box 8181 9001 Glenwood Avenue
Hillsborough,NC 27278 Raleigh,NC 27617
This instrument has been(approved as to technical content.
Jeffrey T ompson,Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
(A_r A
Office of the Chief Financial Officer
This inst men been approved as to form and legal sufficiency.
Yfice of the County Attorney
Revised 9/13 3
ECS CAROLINAS, LLP "Setting the Standard for Service"
... Geotechnical • Construction Materials m Environmental , Facilities NCRergislered Engineering Firm F-10713
October 21, 2013
Mr. Jeff E. Thompson
Orange County Asset Management & Purchasing
131 W. Margaret Lane
P.O. Box 8181
Hillsborough, North Carolina 27278
RE: Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
SE Churton (Hwy 86) & Interstate 85
Hillsborough, Orange County, North Carolina
ECS Proposal Number 06:17061
Dear Mr. Thompson:
ECS Carolinas, LLP (ECS) is pleased to provide Orange County Asset Management &
Purchasing with general guidelines and a fee estimate for performing Geotechnical Services
and a Phase I Environmental Site Assessment (ESA) for the above-referenced property. This
proposal contains a summary of relevant information as ECS understands it, a project schedule
and the estimated costs for completion of the proposed work.
PROJECT UNDERSTANDING
We understand the subject property will be developed, but at this time, no design has been
performed. We also understand our services are requested as part of the Due Diligence
process prior to development. ECS has not visited the site; however, based on the information
provided by you, and review of local aerial photos and the Orange County GIS website, we
understand the 6.8-acre site is part of a larger parcel and is relatively wooded. The site (PIN#
9873080559) is located at SE Churton (Hwy86) and interstate 85, in Hillsborough, North
Carolina. We understand preliminary geotechnical services and a Phase I Environmental Site
Assessment are requested for this site.
SCOPE OF'SERVICES
Geotechnical Services
The purpose of this exploration is to explore the site subsurface conditions and provide
preliminary geotechnical recommendations for foundation systems and site grading procedures
for construction of the proposed facility. To accomplish this, ECS proposes to explore the site
with soil test borings as described below. This information should be used by the design
engineers and architects to formulate the individual component designs.
Field Exploration and Laboratory Services
Our services will include drilling a total of five exploratory soil test borings to depths of 20 to 40 feet
below the existing ground surface or auger refusal, testing of the recovered samples, as required,
and preparing an engineering report. One boring will be advanced to a depth of 40 feet below
existing ground surface or auger refusal for seismic site classification purposes and the remaining
four borings will be advanced to depths of 20 feet below existing ground surface or auger refusal.
9001 Glenwood Avenue, Raleigh, NC 27617-7505 • T: 919-861-9910 . F: 919-861-9911 ^ www.ecslimited.com
ECS Capitol Services,PLLC • ECS Carolinas,LLP • ECS Florida,LLC • ECS 1191dwest,LLC • ECS Mid-Atlantic,LLC • ECS Southeast,LLC • ECS Texas,LLP
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
If fill material is encountered,the boring(s) should be extended through the fill into firm natural soils;
and therefore, additional cost should be anticipated (not included in this proposal). We have
assumed that the site can be accessed with an ATV drill rig. The boreholes will be checked for
groundwater upon completion of drilling, and then backfilled by shoveling the soil cuttings into
the holes, some settling may occur over time. Depending on the weather, soil and site
conditions, ground disturbance (ruts, tire tracks, etc.) must be anticipated during this exploration
program. This is normal for driving a large ATV-mounted drill rig over a site and, that ECS or
ECS's subcontractors are not responsible to restore the ground surface to its original condition.
If ground restoration is required, it will be invoiced at an additional rate of $160/hour. Based on
the existing site conditions, modifications to our proposed boring locations should be anticipated in
the field.
Upon completion of the field exploration, the soil samples will be returned to the laboratory and
visually classified in general accordance with the Unified Soil Classification System and
selected samples will be tested for moisture content and index testing in accordance with ASTM
Standards.
Engineering Report
The conditions encountered by the borings and the results of the laboratory testing will be
evaluated by a geotechnical engineer and recommendations for design and construction of the
project will be developed. The engineering report will include the following items, if appropriate
for this site:
• Project description;
• Site conditions, including geologic, and special site features;
• Field exploration and the laboratory testing procedures;
• Subsurface conditions;
• Foundation recommendations;
■ Allowable bearing pressures;
■ Settlement estimates (total and differential);
• Site development recommendations;
• Suitability of soils for use as fill material;
• Discussion of groundwater impact;
• Techniques to control shallow groundwater;
• Discussion of difficult excavation;
• Compaction recommendations;
• Special conditions encountered;
• Site Seismic classification;
• Site vicinity map;
• Boring location plan;
• Soil test boring logs; and
• Summary of laboratory test results.
Phase I Environmental Site Assessment (ESA)
The Phase I ESA will be prepared in general accordance with ASTM Standard E 1527-05,
Standard Practice for Phase I Environmental Site Assessments. For a more detailed discussion
of procedures, please refer to the attached document entitled "Scope of Services for Phase I
Environmental Site Assessments." If you should subsequently select a lender for this property
2
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
prior to completion of the Phase I ESA, please notify us immediately so that ECS may
determine if there are additional lender requirements over and above those specified in the
ASTM Standard. ECS reserves the right to adjust its quoted price for this Phase I ESA if
supplemental investigation or testing is necessary to satisfy requirements which may be more
stringent than those described in this proposal.
The proper performance of "due diligence" in respect to environmental site assessments
requires both an on-site inspection and a careful review of available applicable local, state and
federal public records. It would expedite matters if your office could provide ECS with a site
plan and a point of contact for site access. In addition, we would appreciate receiving a current
chain-of-ownership for the subject site back to at least 1940 if one is available.
FEE ESTIMATE
Geotechnical Services
Based on the scope of services and drilling quantities outlined in this proposal, the lump sum
fee for our services will be $4,000.00.
Phase I ESA
Based on the above outlined scope of services, ECS can perform the Phase I ESA for a lump sum
fee of$2,000.00.
The above fees and our schedule assume that the site is accessible to our ATV-mounted drilling
equipment with dozer clearing. It also assumes that we have full access to the site and are not
required to encounter standby time or wait on others to gain access to our drilling locations. if
these problems are encountered, you will be charged the additional time plus the additional
charges in accordance to our attached Fee Schedule.
Provided conditions are as understood, and as assumed, we would expect the final costs to be
as outlined above. Should conditions, sampling results or observations indicate that additional
work is necessary or warranted, we would notify you of the additional costs before modifying or
expanding the extent of our scope of services. If other items are required based on field
conditions encountered in our field exploration program, they would be invoiced in accordance
with the attached Fee Schedule. Before modifying or expanding the extent of our exploration
program, you would be informed of our intentions for both your review and authorization.
Optional Evaluation of Utility Capacity (water, sewer, gas, electricity, telecom, CATV)
We will notify "One-Call' immediately. We will start our own independent research and field
observation to locate the utility appurtenances. We will contact the various utility
representatives for Duke Energy Progress, PSNC, AT&T, OWASA, Time Warner and others as
needed to determined size, age, materials, locations, capacities, pressures and flow, if
applicable, from record data. Estimated costs for performing these services is $1,600.
Preliminary Items
Existing utilities must be addressed before beginning on-site exploratory work, as follows:
• ECS will contact the public utility locator service, North Carolina One-Call Center, to request
that utilities be marked prior to performing exploratory work (digging, drilling, etc.). The
North Carolina One-Call Center then contacts the utility companies typically known to have
3
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
utilities located in the vicinity of the project site. Normally, this includes water, gas, sewer,
electrical power, telephone, and cable. The individual companies mark their utilities using
spray paint, but only extend to the meter. It is the client's responsibility to identify other
utilities.
• ECS herein asks that the client notify us of all utilities located on-site, particularly those
utilities beyond the meter or private utilities that are not identified by the North Carolina One-
Call Center. While ECS will take precautions to avoid utilities that the owner notifies ECS of,
ECS is not responsible for utilities that the North Carolina One-Call Center does not mark.
• Hiring Private Locator services is beyond the scope of this proposal and not included.
However, for an additional fee, ECS can retain a private locator to locate utilities beyond the
meters and private utilities. If this is needed on this project, please identify this on the
attached "Proposal Acceptance Form."
SCHEDULE OF WORK
We will begin the above scope of work immediately after receiving your written authorization to
proceed. Our work starts with our contacting the public utility locator service, but we cannot
begin work on-site until they have completed their location work, usually within 48 hours,
excluding weekends and holidays.
Based on current availability and weather permitting, we anticipate that the field work will begin
within 3 to 5 business days of written authorization to proceed. We anticipate that the field work
will take about 2 business days to complete, and the reports will be provided within 15 business
days after receiving written authorization to proceed. In order to maintain this schedule, it is
critical that we receive your written authorization, special instructions and distribution list in a
timely manner.
AUTHORIZATION
If the above scope of work is acceptable to you, please sign the Proposal Acceptance Form and
return one copy of the proposal acceptance form to us. Please note that the attached Terms
and Conditions of Service are incorporated herein by reference and are an integral part of this
agreement between us. By signing the Proposal Acceptance Form or referencing this proposal,
you are also accepting the Terms and Conditions of Service and this proposal in its entirety.
Alternatively, you could issue a letter of acceptance or purchase order; but we would ask that
you reference and include our proposal by reference showing proposal number and date. This
proposal is valid for a period of sixty days beyond that date it may be necessary to revise our
schedule or fee.
Using the Proposal Acceptance Form will provide formal authorization for us to perform the
above work, enter the site, and provide proper invoicing instructions and distribution lists for
reports and correspondence. Please provide any specific instructions or details not covered in
this proposal on the attached Proposal Acceptance Form. Please note that we have provided a
place to provide invoicing instructions and report distribution. We will provide the reports by e-
mail; and up to 3 hard copies if this is requested. Please list those to whom the reports should
be sent and provide their e-mail addresses, if appropriate, on the Proposal Acceptance Form.
Again, thank you for the opportunity to submit this proposal to provide services and serve as
your consultant. We look forward to the opportunity to work with you on this project and to
4
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
hopefully serve as your consultant in the future. If you have any questions, or if we can be of
any additional service, please contact us.
Respectfully Submitted,
ECS CAROLINAS, LLP
r "
�1
Michael W. Fisher, P.E. C. (Nathan) Nallainathan, P.E.
Project Engineer Principal Engineer
Attachments: Proposal Acceptance Form
Fee Schedule
Terms and Conditions of Service
5
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
PROPOSAL ACCEPTANCE FORM
ECS CAROLINAS, LLP
Project Name: Orange County Jail Site - Geotechnical Services & Phase I ESA
Location: SE Churton & Interstate 85, Hillsborough, North Carolina
Proposal No.: 06:17061
Est. Amount: Geotechnical; $4,000 Phase I ESA: 2,000 Optional Utility Survey: $1,600
Please complete and return this Proposal Acceptance Form to ECS as shown at the bottom of this form.
By signing and returning this form, you are providing us with authorization to proceed, providing us
permission to enter the site, and making this proposal the agreement between us. Your signature also
indicates that you have read this document and the terms and conditions of service in its entirety and
agree to pay for these services.
Please indicate here if you would like ECS to perform Environmental Lien Research for the lump
sum fee of$300 per tax parcel: Yes No
CLIENT AND BILLING INFORMATION
Name of Client:
Contact Person:
Telephone No.
E-mail:
Responsible for Payment Approval of Invoice(if different)
Contact Name:
Company Name:
Address
Address
City, State, Zip
Telephone No.:
Fax No:
E-mail Address:
The reports are normally e-mailed directly to client. If you require copies to others, please provide their
names, e-mail addresses and fax numbers below.
Name e-mail Address Phone Number Fax Number
Special Instructions:
Private Utility Locate Services Requested (additional fee): Yes No
Client Signature: 'x Date:
Return to: Michael W. Fisher, P.E. Phone: 919-861-9910
ECS Carolinas, LLP Fax: 919-861-9911
9001 Glenwood Avenue
Raleigh, North Carolina 27617
6
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
PHASE I ESA-PROPOSAL ASSUMPTIONS
ECS has made the following assumptions in developing this proposal:
• Prices presented herein are valid for 60 days from the date of this proposal.
• The lump sum fee for the Phase I ESA does not include the cost for Land Title Record and Judicial
Record Search for Environmental Liens or Activity and Use Limitations associated with the subject
site (see Question 1 on the Attached Questionnaire). Please forward the results of the land title
record and judicial record review for our report. Failure to provide this information may preclude
CERCLA liability protections.
• If you would prefer, ECS can obtain this Land Title Record and Judicial Record Search for
Environmental Liens or Activity and Use Limitations from a third party provider for an additional fee of
$300 per tax parcel for the subject site. Please note, it may take approximately two to four weeks
upon authorization to procure this information. Please initialize on the proposal acceptance sheet
if you would like to contract ECS for this service.
• The lump sum fee includes reviewing regulatory files pertaining to the subject site maintained at the
Raleigh Regional Office of the North Carolina Department of Environment and Natural Resources
(NCDENR) if the site is identified by the regulatory search.
• The lump sum fee does not include reviewing regulatory files for OFF-SITE concerns. If requested,
ECS can review these files maintained at the Raleigh Regional Office of the NCDENR for a cost of$350.
This fee will be waived if ECS is reviewing files for on-site issues. However, ECS will contact you for your
authorization prior to conducting the regulatory review.
• Additional project work not specifically addressed by this proposal shall be charged at a time and
materials rate in accordance with the ECS Unit Fee Schedule in place at the time the service is
requested. The current ECS Unit Fee Schedule is attached.
Environmental Disclosure
In accordance with the ASTM protocol, it is the obligation of the User (i.e., the Client) to report to the
environmental professional (i.e., ECS) environmental liens or activity and use limitations encumbering the
property or specialized knowledge or experience of the user that would provide information about
previous ownership or uses of the property that may be material to identifying recognized environmental
conditions. Based on this, ECS requests previous environmental information related to the property.
Attached is an Environmental Questionnaire for User detailing specific information required by the ASTM
E1527-05 standard.This questionnaire must be completed by the User and returned to ECS.
The purpose of a Phase I Environmental Site Assessment (ESA) is to estimate the potential for the
property under investigation to contain substantial levels of contamination. Contaminants can occur in the
surface water, groundwater, soil and/or within structures at a given site. Contamination may result from
present or past activities either on the property under investigation or from off-site sources. A nationally
standardized practice for Phase I ESAs was adopted and published by the American Society for Testing
and Materials in May of 1993 and updated in 2005. ECS performs the Phase I ESA in accordance with
ASTM Designation E1527-05, Standard Practice for Environmental Site Assessments; Phase I
Environmental Site Assessment Process. Based on our past experience in performing ESAs and the
ASTM Standard, ECS utilizes a phased approach to these projects, which results in a cost-effective and
time-eff icient means in meeting the needs of our clients.
7
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
Phase I ESA
The work activities under this phase are normally completed within 15 to 21 business days upon written
authorization. Phase I ESAs do not involve sub-surface investigations, environmental sampling or
chemical analyses. The primary objectives of a typical Phase I ESA are to:
1, Assess the probability of contamination of the surface water, groundwater, or soils within the
property boundaries (unless otherwise requested, structural, asbestos, lead, radon or
wetlands evaluations are generally not performed);
2. Determine, if contamination is believed to have occurred, the potential source material(s) and
location(s);
3. Provide a written assessment which includes our conclusions and recommendations.
Prior to an on-site assessment of the property under review, available pertinent records, documents,
photographs, and maps will be compiled and reviewed. These tasks are performed to identify previous
activities at or near the site under review that might have had a negative impact on the soils and
groundwater associated with the property.
Upon completion of a Phase I ESA, a report in ASTM E1527-05 format is submitted that would include:
• Summary of the site location and history;
• Regional geologic and hydrogeologic characteristics;
• Documentation of field investigation methods, activities, and results;
• Documentation and review of client, facility, public, and regulatory records;
• Photographic records of unusual or questionable site conditions encountered;
• Our professional opinion concerning the presence or indicated absence of environmental
conditions for the site;and
• Recommendations for further investigative activities, if warranted.
8
Proposal for Geotechnical Services and Phase I ESA
Orange County Jail Site
Hillsborough,Orange County,North Carolina
ECS Proposal Number 06:17061
NOW SCOPE SERVICES
ASBESTOS SURVEY(NON-SCOPE)
ECS will not be performing an asbestos survey as part of the Phase I Environmental Site Assessment.
Please be advised that if there are structures on the property scheduled for demolition or renovations, an
asbestos survey will be required by The National Emission Standards for Hazardous Air Pollutants
(NESHAP). NESHAP requires an asbestos survey prior to the disturbance of potential asbestos-
containing materials (ACM). The North Carolina Department of Health and Human Services (DHHS) also
requires an asbestos survey when filing for a demolition permit.
RADON TESTING(NON-SCOPE)
ECS will not be performing radon testing as part of the Phase I Environmental Site Assessment. Radon
is a naturally occurring radioactive gas that seeps out of the bedrock and up through the soil. Radon can
collect in basements and other poorly ventilated areas on the ground level of structures. Although it is not
a requirement for residential property transactions, ECS recommends radon testing.
If requested, ECS can perform radon testing, following the Environmental Protection Agency (EPA)
protocol. The EPA guidelines for testing involves, at a minimum, placing two radon canisters side-by-
side, approximately 16 to 24 inches off the ground, in the most frequently occupied room on the lowest
floor of the building, and left in place to collect radon gas for three to five days. After sample collection,
the canisters are shipped to an independent laboratory and analyzed for picoCuries of radon per liter of
air (pCi/1). The average pCi/I reading of the two canisters is the reported test result. The EPA's action
level is 4.0 pCi/I, which means that for reported results above this level, engineering controls,
remediation, and/or retesting is recommended.
LEAD IN DRINKING WATER(NON-SCOPE)
The EPA has established a program to control lead levels in drinking water, which can be a significant
source of exposure to lead in some areas. Because Title X (EPA) does not define water as a lead-based
paint hazard, and because building owners may not be able to control lead in water,water sampling is not
required for most lead-based paint risk assessments. Risk assessors should be prepared to conduct
water sampling if the owner request it. Most lead in drinking water is introduced by plumbing system
corrosion, not from groundwater. The EPA drinking water limit is 15 parts per billion (ppb). If the levels are
greater than this, the EPA may require corrosion control treatment (usually implemented by the local
water authority), source water treatment,public education and lead service line replacement.
STREAM/WETLAND DELINEATION(NON-SCOPE)
The presence of jurisdictional streams and wetlands may significantly limit the type and extent of
development a parcel of land can support. Accordingly, ECS strongly recommends"up-front"field delineation
and agency (USAGE, NCDWQ) verification of the wetland/stream jurisdictional boundaries on a proposed
development site. When streams and wetlands are identified right away, sites can be designed to either
avoid or facilitate the state/federal permitting requirements (Section 401, Section 404, Isolated Wetlands,
Buffer Reviews, etc.). Our Raleigh Office has wetland scientists that can delineate jurisdictional
stream/wetland boundaries on properties that are being considered for development. Then, as the project
moves forward, our senior wetland staff works with the project team and the regulatory agencies to efficiently
determine impacts, design mitigation plans and file permitting documents that meet project budgets and
maintain construction schedules.
9
FEE SCHEDULE
For ECS Carolinas, LLP
ECS Proposal No. 06.17061
ENGINEERING - PROFESSIONAL, TECHNICAL AND SUPPORT SERVICES
Professional Staff
AdministrativeSupport .............................................................................................................$ 45.00/hour
StaffGeologist ..........................................................................................................................$ 60.00/hour
StaffProfessional .....................................................................................................................$ 65.00/hour
ProjectScientist.........................................................................................................................$ 65.00/hour
ProjectProfessional..................................................................................................................$ 75.00/hour
Staff Geologist/Hydrogeologist.................................................................................................$ 75.00/hour
Professional Engineer, P.E./Professional Geologist L.G. .........................................................$ 85.00/hour
Senior Professional Engineer, P.E./Professional Geologist, L.G. ............................................$ 95.00/hour
Principal Engineer, P.E. ..........................................................................................................$ 125.00/hour
ChiefEngineer, P.E. .................................................................................................................$ 150.00/hour
Technical Staff
ConcreteTechnician ................................................................................................................$ 32.00/hour
Soil or Materials Field or Lab Technician Level I ....................................................................$ 32.00/hour
Soil or Materials Field or Lab Technician Level 11 ....................................................................$ 34.00/hour
Senior Soil or Materials Technician Level I ..............................................................................$ 36.00/hour
Senior Soil or Materials Technician Level 11 .............................................................................$ 38.00/hour
Senior Foundation Technician (**)............................................................................................$ 40.00/hour
Draftsman..................................................................................................................................$ 45.00/hour
QMSCertified NCDOT Technician (**)......................................................................................$ 45.00/hour
Chief Materials Technician........................................................................................................$ 45.00/hour
Manager Geotechnical Laboratory...........................................................................................$ 45.00/hour
EnvironmentalTechnician .........................................................................................................$ 50.00/hour
Manager of Field Services(**)..................................................................................................$ 85.00/hour
Equipment and Miscellaneous Expenses
Hand Auger Services Equipment..............................................................................................$ 35.00/hour
Concrete/Asphalt Coring Equipment .......................................................................................$ 35.00/hour
Hand or Power Auger Crew(Typ.0'-10'depth,or to refusal)..................................................$ 75.00/hour
Drill Rig Standby Time(difficult moving,access problems,etc.) .............................................$ 140.00/hour
Drill Crew Charge for Hand Clearing or Chain Saw Clearing ..................................................$ 140.00/hour
Drill Crew returning to site for Site Restoration ........................................................................$ 160.00/hour
ComputerServices....................................................................................................................$ 35.00/hour
Global Positioning System........................................................................................................$ 520.00/day
Charges for additional copies of reports provided ...................................................................$ 35.00/report
Charge for Fax Sent, Long Distance/Local $0.50/0.20/sheet
Meals and Accommodations,per person.................................................................................$ 100.00/day
Mileage ..................................................................................................................................... $ .65/mile
Subcontractor Services(drilling,geo-probe,clearing, utility locator, etc.) ...............................$ Cost+15%
Shipping Charges for samples, reports,test equipment,etc....................................................$ Cost+ 15%
Materials(piezometers, observation wells,settlement plates,etc.).........................................$ Cost+20%
Notes: 1. Charges for engineering and technical personnel will be made for time spent in the field,in engineering
analysis,in preparation of reports,and in travel to and from the job.
2. Overtime,at the rate of 1.5 x standard rate,will be charged for all technical staff for work exceeding
40 hours per week,work over 8 hours per day,or during holidays,Saturdays,or Sundays.
3. A surcharge of 50 percent will be applied to all time spent in depositions and testifying in a court of law
4. A surcharge of 25 percent will be applied to all time spent on a watercraft
10
Proposal No.:17061 (hereinafter the"Proposal")
Client:Orange County Asset Mgmt&Purchasing ECS CAROLINAS, LLP
TERMS AND CONDITIONS OF SERVICE
The professional services (the"Services")to be provided by ECS Carolina, LLP j"ECS'"J harmless from any claims arising from allegations that ECS trespassed or lacked
pursuant to the Proposal shall be provided In accordance with these Terms and Conditions authority to access the Site.
of Service("Terms"),including any addenda as may be incorporated or referenced In writing 7,2 CLIENT warrants that it possesses all necessary permits, licenses and/or utility
shall form the Agreement between ECS and Client. clearances for the Services to be provided by ECS except where ECS' Proposal
1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent explicitly states that ECS will obtain such permits,licenses,and/or utility clearances.
professional consultant to CLIENT for Service on the Project,identified above,and shall 7.3 ECS will take reasonable precautions to limit damage to the Site and its
have control over,and responsibility for,the means and methods for providing the Services improvements during the performance of its Services. CLIENT understands that the
identified in the Proposal,including the retention of Subcontractors and Subconsultants use of exploration,boring, sampling,or testing equipment may cause minor, but
common,damage to the Site. The correction and restoration of such common
2.0 SCOPE OF SERVICES-it is understood that the fees,reimbursable expenses damage is CLIENT'S responsibility unless specifically included in ECS'Proposal.
and lime schedule defined in the Proposal are based on information provided by CLIENT 7,4 CLIENT agrees that it will not bring any claims for liability or for Injury or loss against
and/or CLIENT'S contractors and consultants. CLIENT acknowledges that if this ECS arising from(f)procedures associated with the exploration,sampling or testing
information is not current, is incomplete or inaccurate, if conditions are discovered that activities at the Site,(ft)discovery of Hazardous Materials or suspected Hazardous
could not be reasonably foreseen,or If CLIENT orders additional services,the scope of Materials, or (iii) ECS' findings, conclusions, opinions, recommendations, plans,
services will change,even while the Services are In progress, and/or specifications related to discovery of contamination.
3.0 STANDARD OF CARE 8.0 UNDERGROUND UTILITIES
3.1 In fulfilling its obligations and responsibilities enumerated in the Proposal, 8,1 ECS shall exercise the Standard of Care in evaluating client-furnished information
ECS shall be expected to comply with and Its performance evaluated in light as well as information readily and customarily available from public utility locating
of the standard of care expected of professionals In the industry performing services(the"Underground Utility Information')in its effort to identify underground
similar services on projects of like size and complexity at that time In the utilities.The extent of such evaluations shall be at ECS'sole discretion.
region (the "Standard of Care"). Nothing contained In the Proposal, the 8,2 CLIENT recognizes that the Underground Utility Information provided to or obtained
agreed-upon scope of Services,these Terms and Conditions of Service or any by ECS may contain errors or be incomplete.CLIENT understands that ECS may
ECS report,opinion,plan or other document prepared by ECS shall constitute be unable to identify the locations of all subsurface utility lines and man-made
a warranty or guaranty of any nature whatsoever. features.
3.2 CLIENT understands and agrees[hat ECS will rely on the facts learned from data 8.3 CLIENT waives, releases, and discharges ECS from and against any claim for
gathered during performance of Services as well as those facts provided by the damage,Injury or loss allegedly arising from or related to subterranean structures
CLIENT. CLIENT acknowledges that such data collection is limited to specific areas (pipes,tanks,cables,or other utilities,etc.)which are not called to ECS'attention in
that are sampled, bored, tested, observed and/or evaluated. Consequently, writing by CLIENT, not correctly shown on the Underground Utility Information
CLIENT waives any and all claims based upon erroneous facts provided by the and/or not properly marked or located by the utility owners,governmental or quasi-
CLIENT,facts subsequently learned or regarding conditions in areas not specifically governmental locators,or private utility locating services as a result of ECS'or ECS'
sampled,bored,tested,observed or evaluated by ECS. subcontractors request for utility marking services made in accordance with local
3.3 If a situation arises that causes ECS to believe compliance with CLIENT'S directives industry standards.
would be contrary to sound engineering practices,would violate applicable laws,
regulations or codes,or will expose ECS to legal claims or charges,ECS shall so 9.0 SAMPLES
advise CLIENT. If ECS'professional judgment is rejected,ECS shall have the right 9.1 Soi],rock,water,building materials and/or other samples and sampling by-products
to terminate its Services in accordance with the provisions of Section 25.0,below. obtained from the Site are and remain the properly of CLIENT. Unless other
3.4 If CLIENT decides to disregard ECS'recommendations with respect to complying arrangements are requested by CLIENT and mutually agreed upon by ECS in
with applicable Laws or Regulations,ECS shall determine if applicable law requires writing,ECS will retain samples not consumed in laboratory testing for up to sixty
ECS to notify the appropriate public officials. CLIENT agrees that such (60)calendar days after the issuance of any document containing data obtained
determinations are ECS'sole right to make, from such samples.Samples consumed by laboratory testing procedures will not be
stored.
4.0 CLIENT DISCLOSURES 9.2 Unless CLIENT directs otherwise,and excluding those issues covered in Section
4.1 Where the Scope of Services requires ECS to penetrate a Site surface,CLIENT 10.0,CLIENT authorizes ECS to dispose of CLIENT'S non-hazardous samples and
shall furnish and/or shall direct CLIENT'S consultant(s)or agent(s)to furnish ECS sampling or testing process by-products in accordance with applicable laws and
information identifying the type and location of utility lines and other man-made regulations.
objects known,suspected,or assumed to be located beneath or behind the Sile's
surface. ECS shall be entitled to rely on such Information for completeness and 10.0 ENVIRONMENTAL RISKS
accuracy without further Investigation,analysis,or evaluation. 10.1 When Hazardous Materials are known,assumed,suspected to exist,or discovered
4.2 "Hazardous Materials"shall include but not be limited to any substance that poses at the Site,ECS will endeavor to protect its employees and address public health,
or may pose a present or potential hazard to human health or the environment safety,and environmental Issues In accordance with the Standard of Care. CLIENT
whether contained in a product,material,by-product,waste,or sample,and whether agrees to compensate ECS for such efforts.
it exists in a solid,liquid,semi-solid or gaseous form.CLIENT shall notify ECS of 10.2 When Hazardous Materials are known, assumed, or suspected to exist, or
any known, assumed, or suspected regulated, contaminated, or other similar discovered at the Site,ECS and/or ECS'subcontractors will exercise the Standard
Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site. of Care in containerizing and labeling such Hazardous Materials in accordance with
4.3 if any Hazardous Materials are discovered,or are reasonably suspected by ECS applicable laws and regulations,and will leave the containers on Site. CLIENT is
after its Services begin,ECS shall be entitled to amend the scope of Services and responsible for the retrieval,removal,transport and disposal of such contaminated
adjust its fees to reflect the additional work or personal protective equipment and/or samples,and sampling process byproducts in accordance with applicable law and
safety precautions required by the existence of such Hazardous Materials. regulation.
5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and 10.3 Unless explicitly stated in the Scope of Services,ECS will neither subcontract for
discharges ECS from and against any claim for damage,injury or loss allegedly arising out nor arrange for the transport,disposal,or treatment of Hazardous Materials. At
CLIENT'S written request, ECS may assist CLIENT in Identifying appropriate
of or in connection with errors, omissions, or inaccuracies in documents and other
alternatives for transport,off-site treatment,storage,or disposal of such substances,
information in any form provided to ECS by CLIENT or CLIENT's agents,contractors,or
but CLIENT shall be solely responsible for the final f of methods and firms
consultants,including such information that becomes Incorporated Into ECS documents. fi
ma
to provide such services. CLIENT shall sign all manifests for the disposal of
6.0 CONCEALED RISKS- CLIENT acknowledges that special risks are inherent in substances affected by contaminants and shall otherwise exercise prudence in
sampling,testing and/or evaluating concealed conditions that are hidden from view and/or arranging for lawful disposal.
neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions 10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT In
behind a wall,beneath a floor,or above a ceiling.Such circumstances require that certain the disposal of Hazardous Materials,samples,or wastes as part of the Proposal,
assumptions be made regarding existing conditions,which may not be verifiable without ECS shall do so only as CLIENT'S agent(notwithstanding any other provision of
expending additional sums of money or destroying otherwise adequate or serviceable this AGREEMENT to the contrary). ECS will not assume the role of, nor be
portions of a building or component thereof.Accordingly,ECS shall not be responsible for considered a generator,storer,transporter,or disposer of Hazardous Materials.
the verification of such conditions unless verification can be made by simple visual 10.5 Subsurface sampling may result in unavoidable cross-contamination of certain
observation. Client agrees to bear any and all costs, losses, damages and expenses subsurface areas,as when a probe or excavation/boring device moves through a
(including,but not limited to,the cost of ECS'Additional Services)in any way arising from or contaminated zone and links it to an aquifer, underground stream,pervious soil
in connection with the existence or discovery of such concealed or unknown conditions. stratum, or other hydrous body not previously contaminated, or connects an
7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES uncontaminated zone with a contaminated zone. Because sampling is an essential
element of the Services indicated herein, CLIENT agrees this risk cannot be
7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the eliminated. Provided such services were performed in accordance with the
Site for the performance of Services. CLIENT hereby grants ECS and its Standard of Care,CLIENT waives,releases and discharges ECS from and against
subcontractors and/or agents,the right to enter from time to time onto the property any claim for damage,injury,or loss allegedly arising from or related to such cross-
in order for ECS to perform its Services. CLIENT agrees to indemnify and hold ECS contamination.
ECS Proposal No:06:17061 Ver.06/04/13
10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is the possible existence of such a condition. CLIENT agrees it cannot make the resolution of
conducted solely to permit ECS to render a professional opinion about the likelihood any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing
of the site having a Recognized Environmental Condition on,in,beneath,or near any such"certification."
the Site at the time the Services are conducted. No matter how thorough a Phase I
ESA study may be,findings derived from its conduct are highly limited and ECS 15.0 BILLINGS AND PAYMENTS
cannot know or stale for an absolute fact that the Site is unaffected or adversely 15.1 Billings will be based on the unit rates,plus travel costs, and other reimbursable
affected by one or more Recognized Environmental Conditions. CLIENT represents expenses as stated in the Professional Fees section of the Proposal. Any Estimate
and warrants that it understands the limitations associated with Phase I ESAs. of Professional Fees slated in these Terms shall not be considered as a not-to-
exceed or lump sum amount unless otherwise explicitly stated. CLIENT
11.0 OWNERSHIP OF DOCUMENTS understands and agrees that even if ECS agrees to a lump sum or not-to-exceed
11.1 ECS shall be deemed the author and owner(or licensee)of all documents,technical amount,that amount shall be limited to number of hours,visits,trips,tests,borings,
reports, letters, photos, boring logs, field data, field notes, laboratory lest data, or samples stated in the Proposal.
calculations, designs, plans, specifications, reports, or similar documents and 15.2 CLIENT agrees that all Professional Fees and other unit rates shall be adjusted
estimates of any kind furnished by It[the"Documents of Service]and shall retain all annually to account for inflation based on the most recent 12-month average of the
common law, statutory and other reserved rights, Including copyrights. CLIENT Consumer Price index(CPI-U)for all items as established by www.bls.gov when the
shall have a limited, non-exclusive license to use copies of the Documents of CPI-U exceeds an annual rate of 2.0%.
Service provided to it in connection with the Project for which the Documents of 15.3 Should ECS identify a Changed Conditicn(s), ECS shall notify the CLIENT of the
Service are provided until the completion of the Project. Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate
11.2 ECS' Services are performed and Documents of Service are provided for the an amendment to the Scope Of Services,Professional Fees,and time schedule.
CLIENT'S sole use. CLIENT understands and agrees that any use of the 15.4 CLIENT recognizes that lime is of the essence with respect to payment of ECS'
Documents of Service by anyone other than the CLIENT,it's licensed consultants invoices,and that timely payment is a material consideration for this agreement. All
and its contractors is not permitted. CLIENT further agrees to indemnify and hold payment shall be in U.S.funds drawn upon U.S,banks and in accordance with the
ECS harmless for any errors,omissions or damage resulting from its contractors' rates and charges set forth in the Professional Fees. Invoices are due and payable
use of ECS'Documents of Service. upon receipt.
11.3 CLIENT agrees to not use ECS'Documents of Service for the Project if the Project 15.5 11 CLIENT disputes all or part of an invoice,CLIENT shall provide ECS with written
is subsequently modified in scope,structure or purpose without ECS'prior written notice stating in detail the facts of the dispute within fifteen(15)calendar days of the
consent. Any reuse without ECS'wri(fen consent shall be at CLIENTS sole risk invoice. CLIENT agrees to pay the undisputed amount of such invoice promptly,
and without liability to ECS or to ECS' subcontractor(s). CLIENT agrees to
indemnify and hold ECS harmless for any errors,omissions or damage resulting 15.6 ECS reserves the right to charge CLIENT an additional charge of one-and-one-half
from its use of ECS'Documents of Service after any modification in scrape,structure (1.5)percent(or the maximum percentage allowed by Law,whichever is lower)of
or purpose. the invoiced amount per month for any payment received by ECS more than thirty
11.4 CLIENT agrees to not make any modification to the Documents of Service without (30) calendar days from the date of the invoice, excepting any portion of the
the prior written authorization of ECS. To the fullest extent permitted by law, invoiced amount dispute. All payments will be applied t accrued interest first
and then to the unpaid principal amount. Payment of invoices s shall not be subject
CLIENT agrees to indemnify,defend,and hold ECS harmless from any damage,
loss,claim,liability or cost(including reasonable attorneys'fees and defense costs) to unilateral discounting or set-offs by CLIENT.
arising out of or in connection with any unauthorized modification of the Documents 15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon
of Service by CLIENT or any person or entity that acquires or obtains the CLIENTS ability to obtain financing,zoning,approval of governmental or regulatory
Documents of Service from or through CLIENT. CLIENT represents and warrants agencies,permits,final adjudication of a lawsuit,CLIENT'S successful completion
that the Documents of Service shall be used only as submitted by ECS. of the Project, settlement of a real estate transaction, receipt of payment from
CLIENTS client, or any other event unrelated to ECS provision of Services.
12.0 SAFETY Relainage shall not be withheld from any payment,nor shall any deduction be made
12.1 Unless expressly agreed to in writing in its Proposal,CLIENT agrees that ECS shall from any invoice on account of penalty,liquidated damages,or other sums incurred
have no responsibility whatsoever for any aspect of site safety other than for its own by CLIENT. It is agreed that all costs and legal fees including actual attorney's fees,
employees. Nothing herein shall be construed to relieve CLIENT and/or its and expenses incurred by ECS in obtaining payment under this Agreement, In
contractors, consultants or other parties from their responsibility for site safety. perfecting or obtaining a lien, recovery under a bond, collecting any delinquent
CLIENT also represents and warrants that the General Contractor is solely amounts due,or executing judgments,shall be reimbursed by CLIENT.
responsible for Project site safety and that ECS personnel may rely on the safely 15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of
measures provided by the General Contractor. these Terms,payment of any invoice by the CLIENT shall mean that the CLIENT is
12.2 In the event ECS assumes in writing limited responsibility for specified safety satisfied with ECS'Services and is not aware of any defects in those Services,
issues,the acceptance of such responsibilities does not and shall not be deemed an 16.0 DEFECTS IN SERVICE
acceptance of responsibility for any other non-specified safety issues,including,but
not limited to those relating to excavating,trenching, shoring,drilling,backfflling, 16.1 CLIENT,its personnel,its consultants,and its contractors shall promptly inform ECS
blasting,Or other construction activities. during active work on any project of any actual or suspected defects in the Services
so to permit ECS to take such prompt,effective remedial measures that in ECS'
13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES opinion will reduce or eliminate the consequences of any such defective Services.
13.1 CLIENT understands that construction testing and observation services are The correction of defects attributable to ECS'failure to perform in accordance with
provided In an effort to reduce, but cannot eliminate,the risk of problems arising the Standard of Care shall be provided at no cost to CLIENT. However,ECS shall
not be responsible for the correction of any deficiency attributable to CLIENT-
during or alter construction or remediation. CLIENT agrees that the provision of
such Services does not create a warranty or guarantee of any type. furnished information, the errors, omissions, defective materials, or improper
13.2 Monitoring and/or testing services provided by ECS shall not In any way relieve the installation of materials by CLIENT's personnel,consultants or contractors,or work
CLIENT'S contractor(s)from their responsibilities and obligations for the quality or not observed by ECS.CLIENT shall compensate ECS for the costs of correcting
such detects.
completeness Of construction as well as their obligation to comply with applicable
laws,codes,and regulations. 16.2 Modifications to reports,documents and plans required as a result of jurisdictional
13.3 ECS has no responsibility whatsoever for the means, methods, techniques, reviews or CLIENT requests shall not be considered to be defects. CLIENT shall
compensate ECS for the provision of such Services.
sequencing or procedures of construction selected, for safety precautions and
programs incidental to work or services provided by any contractor or other 17.0 INSURANCE_ECS represents that It and its subcontractors and subconsultanls
consultant.ECS does not and shalt not have or accept authority to supervise,direct, maintain Workers Compensation insurance,and that ECS is covered by general liability,
control, or stop the work of any contractor or consultant or any of their automobile and professional liability insurance policies in coverage amounts it deems
subcontractors or subconsultants. reasonable and adequate. ECS shall furnish certificates of insurance upon request. The
13.4 ECS strongly recommends that CLIENT retain ECS to provide construction CLIENT is responsible for requesting specific inclusions or limits of coverage that are not
monitoring and testing services on a full time basis to lower the risk of defective or present in ECS insurance package. The cost of such inclusions or coverage increases,if
incomplete Work being installed by CLIENT'S contractor(s). If CLIENT elects to available,will be at the expense of the CLIENT.
retain ECS on a part time basis for any aspect of construction monitoring and/or
testing, CLIENT accepts the risks that a lower level of construction quality may 18.0 LIMITATION OF LIABILITY
occur and that defective or incomplete work may result and not be detected by ECS' 18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING
part lime monitoring and testing. Unless the CLIENT can show that the error or ECS'TOTAL LIABILITY TO CLIENT ARISING FROM ECS' PROFESSIONAL LIABILITY, I.E.
omission is contained in ECS' reports, CLIENT waives, releases and discharges PROFESSIONAL ACTS,ERRORS,OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING
ECS from and against any other claims for errors,Omissions,damages,injuries,Or NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY,
loss alleged to arise from defective or incomplete work that was monitored or tested INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING
by ECS on a part time basis. Except as set forth in the preceding Sentence, REASONABLE ATTORNEY'S FEES)RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER
CLIENT agrees to indemnify and hold ECS harmless from all damages,costs,and THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THE ALLOCATION IS AS
attorneys'fees,for any claims alleging errors,omissions, damage,injury or loss FOLLOWS.
allegedly resulting from Work that was monitored or tested by ECS on a part time 18.1.1 If the proposed tees are $10,000 or less, ECS' total aggregate liability to
basis. CLIENT shall not exceed$20,000,or the total fee received for the services
14.0 CERTIFICATIONS•CLIENT may request,or governing jurisdictions may require, rendered,whichever Is greater.
ECS to provide a"certification"regarding the Services provided by ECS. Any"codification" 18.1.2 It the proposed fees are in excess of$10,000,ECS'total aggregate liability to
required of ECS by the CLIENT or jurisdlctlon(s)having authority over some or all aspects CLIENT shall not exceed$40,000,or the total fee for the services rendered,
of the Project shall consist of ECS' Inferences and professional opinions based on the whichever is greater.
limited sampling, observations, tests, and/or analyses performed by ECS a( discrete 18.2 CLIENT agrees that ECS shall not be responsible for any injury,loss or damage of
locations and times. Such"certifications"shall constitute ECS'professional opinion of a any nature,Including bodily injury and property damage,arising directly or indirectly,
condition's existence,but ECS does not guarantee that such condition exists,nor does it in whole or in part,from acts or omissions by the CLIENT,its employees,agents,
relieve other parties of the responsibilities or obligations such parties have with respect to staff,consultants,contractors,or subcontractors to the extent such injury,damage,
ECS Proposal No:06:17061 Ver.06/04/13
or loss is caused by acts or omissions of CLIENT, its employees,agents, staff, Should[his meeting fail to result In a mutually agreeable plan for resolution of the
consultants, contractors, subcontractors or person/entities for whom CLIENT is Dispute,CLIENT and ECS agree that either party may bring litigation.
legally liable. 23.2 CLIENT shall make no claim(whether directly or In the form of a third-party claim)
18.3 CLIENT agrees that ECS'liability for all non-professional liability arising out of this against ECS unless CLIENT shall have first provided ECS with a written certification
agreement or the services provided as a result of the Proposal be limited to executed by an Independent engineer licensed In the jurisdiction in which the
$500,000. Project is located,reasonably specifying each and every act or omission which the
certifier contends constitutes a violation of the Standard of Care.Such certificate
19.0 INDEMNIFICATION shall be a precondition to the institution of any judicial proceeding and shall be
19.1 Subject Section 18.0, ECS agrees to hold harmless and Indemnify CLIENT from provided to ECS thirty(30)days prior to the institution of such judicial proceedings.
and against damages arising from ECS'negligent performance of its Services,but 23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or
only to the extent that such damages are found to be caused by ECS'negligent district in which ECS'office contracting with the CLIENT is located. The parties
acts,errors or omissions,(specifically excluding any damages caused by any third agree that the law applicable to these Terms and the Services provided pursuant to
party or by the CLIENT.) the Proposal shall be the laws of the Commonwealth of Virginia,but excluding its
19.2 To the fullest extent permitted by Law,CLIENT agrees to indemnity,and hold ECS choice of law rules. Unless otherwise mutually agreed to in writing by both parties,
harmless from and against any and all liability,claims,damages,demands,fines, CLIENT waives the right to remove any litigation action to any other jurisdiction.
penalties,costs and expenditures(including reasonable attorneys'fees and costs of Both parties agree to waive any demand for a trial byjury.
litigation defense and/or settlement)["Damages'l caused in whole or in part by the 24 0 CURING A BREACH
negligent acts,errors,or omissions of the CLIENT or CLIENT'S employees,agents,
staff,contractors,subcontractors,consultants,and clients,provided such Damages 24.1 A party that believes the other has materially breached these Terms shall issue a
are attributable to: (a)the bodily injury,personal injury,sickness,disease and/or written cure notice identifying its alleged grounds for termination.Both parties shall
death of any person;(b)the injury to or loss of value to tangible personal properly; promptly and in good faith attempt to identify a cure for the alleged breach or
or(c)a breach of these Terms. The foregoing indemnification shall not apply to the present facts showing the absence of such breach. If a cure can be agreed to or
extent such Damage is found to be caused by the sole negligence, errors, the matter otherwise resolved Within thirty(30)calendar days from the date of the
omissions or willful misconduct of ECS. termination notice, the parties shall commit their understandings to writing and
19.3 It is specifically understood and agreed that in no case shall ECS be required to pay termination shall not occur.
an amount of Damages disproportional to ECS' culpability. IF CLIENT Is A 24.2 Either party may waive any right provided by these Terms in curing an actual or
HOMEOWNER,HOMEOWNERS'ASSOCIATION,CONDOMINIUM OWNER,CONDOMINIUM OWNER'S alleged breach; however, such Waiver Shall not affect future application of such
ASSOCIATION,OR SIMILAR RESIDENTIAL OWNER,ECS RECOMMENDS THAT CLIENT RETAIN provision or any other provision.
LEGAL COUNSEL BEFORE ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT'S
RIGHTS AND OBLIGATIONS HEREUNDER,AND THE LIMITATIONS,AND RESTRICTIONS IMPOSED 25,0 TERMINATION
BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT TO RETAIN SUCH 25.1 CLIENT or ECS may terminate this agreement for breach or these terms, non-
COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL COUNSEL AND SHALL NOT BE ALLOWED ON payment,or a failure to cooperate. In the event of termination,the effecting party
GROUNDS OF AVOIDING ANY PROVISION OF THIS AGREEMENT, shall so notify the other party in writing and termination shall become effective
19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER, CLIENT SHALL fourteen(14)calendar days after receipt of the termination notice.
INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND ALL CLAIMS OR DEMANDS DUE TO 252 Irrespective of which party shall effect termination,or the cause therefore,ECS shall
INJURY 08 LOSS INITIATED BY ONE OR MORE HOMEOWNERS, UNIT-OWNERS, OR THEIR promptly render to CLIENT a final invoice and CLIENT shall immediately
HOMEOWNEH'S ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY compensate ECS for Services rendered and costs incurred including those Services
AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE DISPUTE. associated With termination itself, including Without limitation, demobilizing,
19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY HARMLESS UNDER modifying schedules,and reassigning personnel.
THIS SECTION 19.0 INCLUDETHE DUTY TO DEFEND.
26.0 TIME BAR TO LEGAL ACTION-Unless prohibited by law,and notwithstanding any
20.0 CONSEQUENTIAL DAMAGES Statute that may provide additional protection,CLIENT and ECS agree that a lawsuit by
20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any either party alleging a breach of this agreement,violation of the Standard of Care,non-
consequential damages incurred by either due to the fault of the other or their payment of invoices,or arising out of the Services provided hereunder,must be initiated in
employees, consultants, agents, contractors or subcontractors, regardless of the a court of competent jurisdiction no more than two(2)years from the time the party knew,or
nature of the fault or whether such liability arises in breach of contract or warranty, should have known,of the facts and conditions giving rise to Its claim,and shall under no
tort,statute,or any other cause of action. Consequential damages include,but are circumstances shall such lawsuit be initiated more than three(3)years from the date of
not limited to,loss of use and loss of profit. substantial completion of ECS'Services.
20.2 ECS shall not be liable to CLIENT,or any entity engaged directly or indirectly by 27.0 ASSIGNMENT- LI ENT and ECS respectively bind themselves,their
CLIENT,for any liquidated damages due to any fault,or failure to act,in part or In successors,assigns,heirs,and legal representatives to the other party and the successors,
total by ECS,Its employees,agents,or subcontractors. assigns,heirs and legal representatives of such other party with respect to all covenants of
21.0 SOURCES OF RECOVERY these Terms, Neither CLIENT nor ECS shall assign these Terms,any rights thereunder,or
any cause of action arising therefrom,in whole or in part,without the written consent of the
21.1 All claims for damages related to the Services provided under this agreement shall other. Any purported assignment or transfer,except as permitted above,shall be deemed
be made against the ECS entity contracting with the CLIENT for the Services,and null,void and invalid,the purported assignee shall acquire no rights as a result of the
no other person or entity. CLIENT agrees that it shall not name any affiliated entity purported assignment or transfer and the non-assigning party shall not recognize any such
including parent, peer, or subsidiary entity or any individual officer, director, or purported assignment or transfer.
employee of ECS,specifically including its professional engineers and geologists.
21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in 26.0 SEVERABILITY-Any provision of these Terms later held to violate any law,statute,
connection with the Project and/or the Services,CLIENT and ECS agree that they or regulation,shall be deemed void,and all remaining provisions shall continue in full force
will look solely to each other for the satisfaction of any such dispute or claim. and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a
Moreover,notwithstanding anything to the contrary contained in any other provision valid substitute that expresses the intent of the issues covered by the original provision.
herein, CLIENT and ECS' agree that their respective shareholders, principals, 29,0 SURVIVAL-All obligations arising prior to the termination of the agreement
partners,members,agents,directors,officers,employees,and/or owners shall have represented by these Terms and all provisions allocating responsibility or liability between
no liability whatsoever arising out of or In connection with the Project and/or the CLIENT and ECS shall survive the substantial completion of Services and the
Services provided hereunder. In the event CLIENT brings a claim against an termination of the agreement.
affiliated entity, parent entity, subsidiary entity, or individual officer, director or
employee in contravention of this Section 21,CLIENT agrees to hold ECS harmless 30.0 TITLES:ENTIRE AGREEMENT
from and against all damages, costs, awards, or fees(including attorneys'fees) 30.1 The titles used herein are for general reference only and are not part of the Terms
attributable to such act. and Conditions.
22.0 THIRD PARTY CLAIMS EXCLUSION-CLIENT and ECS agree that the Services 30.2 These Terms and Conditions of Service together with the Proposal,Including all
are performed solely for the benefit of the CLIENT and are not intended by either CLIENT or exhibits, appendixes, and other documents appended to it, constitute the entire
ECS to benefit any other person or entity. To the extent that any other person or entity Is agreement between CLIENT and ECS. CLIENT acknowledges that all prior
benefited by the Services,such benefit Is purely incidental and such other person or entity understandings and negotiations are superseded by this agreement.
shall not be deemed a third party beneficiary to the AGREEMENT. No third-party shall 30.3 CLIENT and ECS agree that subsequent modifications to the agreement
have the right to rely on ECS'opinions rendered in connection with ECS'Services without represented by these shall not be binding unless made in writing and signed by
written consent from both CLIENT and ECS,which shall include,at a minimum,the third- authorized representatives of both parties.
party's agreement to be bound to the same Terms and Conditions contained herein and 30.4 All preprinted terms and conditions on CLIENT'S purchase order, Work
third-party's agreement that ECS'Scope of Services performed is adequate. Authorization, or other service acknowledgement forms, are inapplicable and
23.0 DISPUTE RESOLUTION superseded by these Terms and Conditions of Service.
23.1 In the event any claims,disputes,and other mailers in question arising out of or 30.5 CLIENT's execution of a Work Authorization, the submission of a start work
relating to these Terms or breach thereof(collectively referred to as"Disputes"),the authorization(oral or written)or issuance of a purchase order constitutes CLIENT's
parties shall promptly attempt to resolve all such Disputes through executive acceptance of this Proposal and its agreement to be fully bound the foregoing
negotiation between senior representatives of both parties familiar with the Project. Terms. If CLIENT fails to provide ECS with a signed copy of these Terms or the
The parties shall arrange a mutually convenient time for the senior representative of attached Work Authorization,CLIENT agrees that by authorizing and accepting the
each party to meet. Such meeting shall occur within fifteen (15) days of either services of ECS,it will be fully bound by these Terms as if they had been signed by
party's written request for executive negotiation or as otherwise mutually agreed. CLIENT.
ECS Proposal No:06:17061 Ver.06/04/13
Client#:216 ECSCAR01
ACORDTM CERTIFICATE OF LIABILITY INSURANCE D TE"Do )
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME:ONTACT Meg S. Lee,CIC
Andersen Insurance Group PHONE 703-988-0900 °X Ext.102
A/C No Ext; A/C,No
5870 Trinity Parkway ADDRESS: meg @theandersengrp.com
Suite 130 PRODUCER
Centreville,VA 20120 CUSTOMER ID#:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED ECS Carolinas, LLP INSURERA:Federal Insurance Company 20281
14026 Thunderbolt Place INSURER a:Cincinnati Insurance Company 10677
Suite 500
INSURER C:Hartford Casualty Insurance Corn 29424
Chantilly,VA 20151 INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE D L BR POLICY EFF POLICY EXP
LTR NSR D POLICY NUMBER MM/DD MM/DD LIMITS
A GENERAL LIABILITY X X 35786346 12/0112012 12101 1201 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000
CLAIMS-MADE I OCCUR MED EXP(Any one person) $10,000
X Contractual Liab PERSONAL BADVINJURY $1,000,000
X X C U GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
POLICY X PRO- LOC $
A AUTOMOBILE LIABILITY X X 73564544 12/01/2012 12/01/2013 COMBINED SINGLE LIMIT $
X ANY AUTO (Ea accident) 1,000,000
ALL OWNED AUTOS BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS (Per accident) $
X NON-OWNED AUTOS $
$
B X UMBRELLA LIAB X OCCUR X X EUP0113504 12101/2012 12101/201 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DEDUCTIBLE $
X1 RETENTION $ 0 $
C WORKERS COMPENSATION X 42WNMS9633 2/01/2012 12!01/201 X WCSTATU- 0
AND EMPLOYERS'LIABILITY TH-
ANY PROPRfETOR/PARTNER/EXECUTIVEY/N All States Endt E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
ECS job description:Facilities Consulting Services for Orange County,NC
ECS Client no.06.848807
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
County of Orange-Financial SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Services THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 8181
Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE
. ' r�i --
®1988-2009 ACORD CORPORATION.All rights reserved.
ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S86926/M67784 MEF