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HomeMy WebLinkAbout2018-243-E AMS - Penta Engineering sample testing BOEDocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 [Departmental Use Only] TITLE Sample Testing BOE FY 2017 -18 NORTH CAROLINA SERVICES AGREEMENT UNDER $90,000.00 NO RFP /RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement "), made and entered into this 21st day of May, 2018, ( "Effective Date ") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County ") and Penta Engineering Group, Inc., (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): Orange County Government Services Annex (Board of Elections Building) — Asbestos and Lead Paint Survey /Sampling/Laboratory Analysis ii) 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 Revised 10/17 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 performance of these services. Provider is solely responsible for the professional 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. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are in accordance with the enclosed Penta Work Authorization Sheet dated 4/20/18 and as follows (fully describe services to be provided): Provide a NC- accredited Asbestos Inspector to perform an asbestos survey and sampling prior to renovation activities on the 2nd Floor and Basement of the building. Samples collected will be analyzed by Polarized Light Microscopy (PLM) to document whether asbestos is present in the materials. Additionally PENTA will collect sample of paint coatings from representative building components. PENTA will provide a report of the results of the laboratory analysis. 4. Duration of Services a. Term. The term of this Agreement shall be from May 21, 2018 to June 30, 2018. Revised 10/17 2 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 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 May 21,2018. 5. Compensation a. Compensation for-Basic—Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed Two Thousand Nine Hundred Fifty Dollars ($2,950.00). Payment for 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 (Angel Barnes) 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 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 Revised 10/17 3 DocuSign Envelope ID: 8967D249- 0449 -4C9F- 8666- F8BEA1741 F74 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. The Provider agrees, witho * iimita4ion, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, to the extent ar-isi g ou* ^f ^r ralotarl to 4he, projeGt 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. Notwithstanding anything to the contrary herein, Provider's indemnification obligations are limited to its insurance policy coverage and capped at the coverage limits set forth in its certificate of insurance. 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 maybe 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. 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. Revised 10/17 4 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 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. ov�/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. 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. Revised 10/17 5 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 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. 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. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention:AMS P.O. Box 8181 Hillsborough, NC 27278 Provider's Name Penta Engineering Group, Inc 4000 Miller Court West Norcross, GA 30071 k. Mutual Waiver. In no event shall either party be liable to the other party for any special, indirect, incidental, punitive or consequential loss or damages under this Agreement, and the parties' direct liability to the other for all claims, regardless of the cause, is limited to its insurance policy coverage and capped at the coverage limits set forth in its certificate of insurance. 1. Disclaimer. Orange County specifically agrees that all duties, liabilities and obligations undertaken by Provider under this Agreement are undertaken exclusively by Provider and not by its parent company or any affiliates thereof. Thus all recourse resulting from Provider's breach of any provision of this Agreement is likewise limited to Provider and not its parent or affiliated company(ies). [SIGNATURE PAGE TO FOLLOW] Revised 10/17 6 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 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: v �e� By. — County Manager 6/25/2018 Revised 10/17 7 PROVIDER: By. CUs��ro �r , btiur,1 Dan D. Blair, Jr., PE Printed Name and Title 6/21/2018 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 IOPEIVTA T ENGINEERING GROUP, INC. WORK AUTHORIZATION SHEET PENTA FACILITIES GROUP, INC. (PENTA) is pleased to provide the services described below. The purpose of this sheet is to obtain your authorization for the work requested. The work will be performed under the attached Terms and Conditions. Compensation for services rendered will be based on the attached fee schedules (or as indicated) which are a part of this work authorization. If we are required to modify the scope of work at your request or determine during the execution of the work that a modification of scope is required, we will promptly seek a mutually agreeable revision of the scope of work and associated fees. PAYMENT TERMS: Net Cash upon receipt of Invoice. A late payment charge of 18% per annum or the maximum amount allowed by PENTA may be added in the event that payment is not made within 30 days after invoice date. PROJECT NAME: Orange County Government Services Annex (Board of Elections Building) — Asbestos and Lead Paint Survey /Sampling /Laboratory Analysis PENTA Proposal No. P18 -5 -6455 PROJECT LOCATION: 208 South Cameron Street, Hillsborough, NC SCOPE OF WORK AUTHORIZED: Provide a NC- accredited Asbestos Inspector to perform an asbestos survey and sampling prior to renovation activities on the 2nd Floor and Basement of the building. Samples collected will be analvzed by Polarized Light Microscopy (PLM) to document whether asbestos is present in the materials. Additionally PENTA will collect sample of paint coatings from representative building components. PENTA will provide a report of the results of the laboratory analysis. These services will be performed for the IUmD sum cost of $2.950. PREPARED BY; DATE: April 20, 2018 Dan D.Blair, Jr., PE PENTA FACILITIES GROUP, INC. ALL TESTING WILL BE PERFORMED IN ACCORDANCE WITH THE APPLICABLE SPECIFICATIONS UNLESS OTHERWISE NOTED AND TEST RESULTS APPLY ONLY TO THE MATERIALS ACTUALLY TESTED TERMS AND CONDITIONS PENTA Facilities Group, Inc. (PENTA) 1. PAYMENT TERMS. Client agrees to pay PENTA's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of PENTA's invoice, Client agrees to pay a service charge on the past due amount at the greater of I % per month or the allowable legal rate, including reasonable attorney's fees and expenses if collected through an attorney. No deduction shall be made from PENTA's invoice on account of liquidated damages unless expressly included in the Agreement. After five days prior notice to Client, PENTA may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by PENTA within 60 days of Client's receipt of PENTA's invoice. Client receipt of invoice will be presumed three days after mailing by PENTA first class, with adequate postage attached. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of Client. In the event Client requests termination prior to completion of the proposed services, Client agrees to pay PENTA for all reasonable charges incurred to date and associated with termination of the work. 2. DOCUMENTS. PENTA will furnish Client the agreed upon number of written reports and supporting documents. These instruments of services are famished for Client's exclusive internal use and reliance, use of Client's counsel, use of Client's qualified bidders (design services only) and for regulatory submittal in connection with the project or services provided for in this Agreement. Any reuse on any other projector redistribution to third parties shall beat the sole risk of Client. There are no third party beneficiaries to this Agreement. If Client distributes any PENTA report to any third party, Client agrees to inform such third party in writing that such distribution is for informational purposes only (and not for reliance) and that should such third party wish to rely on the PENTA report, the third party must first contact PENTA and execute PENTA's standard Secondary Client Agreement. 3. STANDARD OF CARE. PENTA will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of PENTA's profession practicing in the same or similar locality at the time of service. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRITTEN REPORTS. Pagel of 3 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 4. INSURANCE. PENTA agrees to maintain at least the following minimum insurance coverages: a. Worker's Compensation Insurance - statutory. d. Commercial General Liability Insurance - $1,000,0002,000,000. b. Employer's Liability Insurance - $100,000 1$500,000 1$100,000. e. Professional Errors and Omissions - $1,000,000 claims -made. c. Automobile Liability- $1,000,000. f. Umbrella - $5,000,000. 5. PROFESSIONAL LIABILITY. For additional consideration from PENTA of $10.00, receipt of which is hereby acknowledged, Client agrees that PENTA's liability, and that of its officers, directors, employees, agents and subcontractors, to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract by PENTA will be limited to an aggregate of $50,000 or our fee, whichever is less. 6. ENVIRONMENTAL INDEMNITY. To the maximum extent permitted by applicable law, Client shall defend, indemnify and hold PENTA hamIless from any suit or claim for damages, losses, penalties, fines, settlements, judgements, costs and attorneys fees, including personal injury ( "Losses ") related to or arising from exposure to or release of Contaminants at or from the site before, during or after the Services, unless such Losses are determined to have been caused by PENTA's sole negligence. 7. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining drilling samples and other specimens are disposed of 30 days after submission of PENTA's report. At Client's written request, PENTA will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After the initial 30 days and upon Client's written request, PENTA will use its best efforts to retain test specimens or samples but only for a mutually acceptable storage charge and period of time. Client agrees that PENTA is not responsible or liable for any loss of test specimens or samples retained in storage. 8. FIELD REPRESENTATIVE. The presence of PENTA's or its subcontractor's field personnel, either full -time or part-time, may be for the purpose of providing project administration, assessment, observation and/or field testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained by PENTA be involved in the project, Client will advise such contractor(s) that PENTA's services do not include supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. Client will also inform contractor that the presence of PENTA's field representative for project administration, assessment, observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications. If a contractor (not a subcontractor for PENTA) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety of all persons and property during the performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that PENTA will not be responsible for job or site safety or security on the project, other than for PENTA's employees and subcontractors, and that PENTA does not have the duty or right to stop the work of the contractor. 9. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered which could substantially alter the necessary services or the risks involved in completing PENTA's services. If this occurs, PENTA will promptly notify and consult with Client, but will act based on PENTA's sole judgment where risk to PENTA personnel is involved. Possible actions could include: a. Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, ifpracticable in PENTA's judgment; b. Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; c. Terminate the services effective on the date specified by PENTA in writing. 10. OPINIONS OF COST. If requested PENTA will use reasonable effort and experience on similar projects to provide realistic opinions or estimates of costs for remediation or construction as appropriate based on reasonably available data, PENTA's designs or PENTA's recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise, in writing with PENTA. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond PENTA's control. 11. TESTIMONY. Should PENTA or any PENTA employee be compelled bylaw to provide testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this Agreement, and PENTA is not a party in the dispute, then PENTA shall be compensated by Client for the associated reasonable expenses and labor for PENTA's preparations and testimony at appropriate unit rates. To the extent the party compelling the testimony ultimately provides PENTA such compensation, Client will receive a credit or refund on any related double payments to PENTA. 12. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed in all respects by the laws of the State of Georgia. All disputes arising from this Agreement shall be resolved in the state courts of Cobb County, Georgia, or the federal courts located in Northern District of Georgia, Atlanta division. 13. PRIORITY OVER FORM AGREEMENTS/PURCHASE ORDERS. The Parties agree that the provisions of these General Terms and Conditions of Service shall control and take precedence over any other forms and documents signed by the Parties, including but not limited to Client Purchase Orders, Work Orders, Client terms, etc., and that such forms maybe issued by Client to PENTA as a matter of convenience to the Parties without altering any of the terms of provisions hereof. 14. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and PENTA shall survive the completion of the services and the termination of this Agreement. 15. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the remaining provisions shall continue in full force and effect. 16. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. 17. CONSIDERATION. The parties agree that the charges for PENTA's services are sufficiently adjusted to include any specific consideration payable to Client under these terms and conditions. Page 2 of 3 DocuSign Envelope ID: 8967D249- 0449- 4C9F- 8B6B- F8BEA1741 F74 18. PARTIES. These General Terms and Conditions of Service apply to and shall govern all services and products provided by PENTA Engineering Group, Inc. In the event of any type of dispute, such as a claim by Client for alleged damages or losses purportedly caused by PENTA, Client's recourse shall be likewise limited to PENTA Engineering Group, Inc. and not to its parent company or its affiliates. To the maximum extent permitted by law, Client waives and releases any and all rights, claims, demands or causes of action that may otherwise be available at law or in equity or granted by statute to avoid or disregard the entity form of PENTA or otherwise impose liability on any parent or affiliate of PENTA, whether granted by statute or based on theories of equity, agency, control, instrumentality, alter ego, domination, sham, single business enterprise, piercing the corporate veil, unfaimess or undercapitalization. Proposal Number P18-5 -6455 FOR PAYMENT OF CHARGES Charge Invoice to the Account of Firm: Attention: Street Address: City, State: Zip Code: WORK AUTHORIZED BY (Print Name & Title) (Date) (Signature) (Date) FOR APPROVAL OF CHARGES: (if different from above) Send Invoice to Client: Attention: Street Address: City, State: Zip Code: END OF DOCUMENT Page 3 of 3 DocuSign Envelope ID: 89671D249- 04494C917- 8666- 178BEAll 741 F74 Clilent #. 25609 PENTENGI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10104/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Katie Kresner Greyling Ins. BrokeragetEPIC PHONE FAX Arc Ne pct : 770.552.4225 pIC, Noy: 866.550.4082 3780 Mansell Road, Suite 370 n uL , ICatie,Kresner@greyling , com Alpharetta, GA 30022 $ C INSURERS AFFORDING COVERAGE NAIC# INSURER A: Nautilus Insurance Company 17370 INSURED INSURER a: Great Divide Insurance Company 25224 PENTA Engineering Group, Inc. INSURER C: Ohio Securit Insurance Company 2482 4000 Miller Court West $ Norcross, GA 30071 INSURER D: INSURER E ALL OWNED SCHEDULED AUTOS AUTOS NON•OWNEII HIRED AUTOS X AUTOS INSURER F: COVERAGES CERTIFICATE NUMBER: 17 -18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 ADD L SUBR LTR p -------------- ---- - - - - -- --- — - -- - POLICY EFF POLICY EXP LlAln'S _ PCLICYNUMBER MN11fD MMIDDNYYY A X COMMERCIAL GENERAL LIABILITY ECP201603712 0108/2017 1010812018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE I X I OCCUR . _. DAMA E 7 RENTEQ PREMISES Ea aocurcence $100 000 _ MED EXP (Any one person) $ 5,000 PERSONAL A ADV INJURY $1,000,000 n N'L AGGREGATE LIMIT APPLIES PER: POLICY I^J JECT El LOC iGENERAL AGGREGATE s2,000,000 PRODUCTS - COMPIOP AGG s2000000 OTHER: $ C AUTOMOBILE LIABILITY IBASI SS8312554 10108/2017 10/0812010 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON•OWNEII HIRED AUTOS X AUTOS X BODILY INJURY [Per accidenfj $ X PROPERTY DAMAGE FFX201603812 10108/2017 EACH OCCURRENCE A UMBRELLA LIAR OCCUR 1010812018 $5.000.000 X( $5,000,000 I EXCESS LIAR X CLAIMS -MADE OED I X I RETENTION 0 _AGGREGATE $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? ® N/A _ WCA201603612 0/08/20171n1n8I2n1 _ X PER OTH- STAT E.L. EACH ACCIDENT [s 000 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) 0 yes, describe under DESCRIPTION OF OPERATIONS below $1 ,000.,000 E.L. DISEASE - POLICY LIMIT A Professional Liab ECP201603712 1010812017 10/08/201 Per Claim /Agg $IM/$2M Contractors Poll. ECP201603712 10/0812017 1010812018, PerCondition $1,000,000 ILiability Aggregate $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mare space is required) Excess Liability includes Professional Liability, Contractors Pollution Liability, and CGL. Professional Liability in primary and Excess policies is claims -made. Aggregate Limits of $2,000,000 in primary CGL, PL and CPL applies to all three coverage parts. Aggregate limit of $5,000,000 in Excess Liability applies to CGL, PL and CPL. LM,1al.101:4RW-'t11019 Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE D 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S872018IM871590 KKRE1