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HomeMy WebLinkAbout2019-090-E AMS - Penta Engineering Blackwood Millhouse POC asbestos and lead testing DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 [Departmental Use Only] TITLE Asbestos Testing FY 18-19 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 15th day of February, 2019, ("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, Blackwood Farm House, and Millhouse Road Parks Operations base Building/House 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 12/18 1 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 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 12/15/18 and as follows (fully describe services to be provided): Provide a NC-accredited Asbestos Inspector to perform an asbestos survey and sampling at the Blackwood Farm House and the Millhouse Road Parks Operations base. Samples collected will be analyzed by Polarized Light Microscopy (PLM) to document whether asbestos is present in the materials. Additionally collect samples of paint coatings from representative building components. Provide a report of the results of the laboratory analysis. 4. Duration of Services Revised 12/18 2 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 a. Term. The term of this Agreement shall be from February 15, 2019 to March 31, 2019. 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 February 15, 2019. 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 Five Thousand Dollars ($5,000.00). 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 Revised 12/18 3 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees to the extent 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 may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. 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. Revised 12/18 4 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment._ The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated herein by reference and may be viewed at http://www.oran eg couni nc. 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. Revised 12/18 5 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. j. 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 one to the other for all claims, regardless of cause, is limited to its insurance policy coverage and capped at the coverage limits set forth in its certificate of insurance. k. Disclaimer. Orange County specifically agrees that all duties, liabilities, and obligations undertaken by Provider under this Agreement are undertaken exclusively by Provider and not its parent company or any affiliates thereof. Thus all recourse resulting from Revised 12/18 6 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 Provider's breach of any provision of this Agreement is likewise limited to Provider and not its parent or affiliated company(ies). 1. 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 Provider's Name Attention:Angel Barnes Penta Engineering Group, Inc P.O. Box 8181 4000 Miller Court West Hillsborough,NC 27278 Norcross, GA 30071 [SIGNATURE PAGE TO FOLLOW] Revised 12/18 7 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By 2/19/2019 By 2/11/2019 County Manager Dan D. Blair, Jr., PE Printed Name and Title Revised 12/18 8 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 10;2EMTA 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 Blackwood Farm/Millhouse Road Houses—Asbestos/Lead-Paint Survey/Sampling/Laboratory Analysis PENTA Proposal No. P18-5-7261 /P18-5-7290 PROJECT LOCATION: 4215 Hwy 86 S/6823 Millhouse Road,Chapel Hill, NC SCOPE OF WORK AUTHORIZED: Provide a NC-accredited Asbestos Inspector to perform an asbestos survey and sampling of suspect asbestos-containing materials for two homesteads at Blackwood Farm Park and Millhouse Road Parks Operations Center. Samples collected will be analyzed by Polarized Light Microscopy(PLM)to document whether asbestos is present in the suspect materials. Additionally PENTA will collect samples of paint coatings from representative building components for laboratory analysis. PENTA will provide a report of the results of the laboratory analyses. These services will be performed for the lump sum cost of$5,000. PREPARED BY: :' DATE: December 15,2018 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 1%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 furnished 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 projector 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. Page 1 of 3 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 4. INSURANCE. PENTA agrees to maintain at least the following minimum insurance coverages: a. Worker's Compensation Insurance-statutory. d. Commercial General Liability Insurance-$1,000,000/$2,000,000. b. Employer's Liability Insurance-$100,000/$500,000/$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 parry 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 harmless 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, if practicable 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 by law to provide testimony or other evidence by any parry,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 may be 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. hi 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. Page 2 of 3 DocuSign Envelope ID:6287A96E-3D08-4E5A-829C-DA75D9AF2941 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. 18. PARTIES. These General Terns 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,unfairness or undercapitalization. Proposal Number P18-5-7261/P18-5-7290 FOR PAYMENT OF CHARGES Charge Invoice to the Account o£ 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:6287A96E-3D08-4E5A-829C-DA75D9AF2941 APPLTECHi 411�.1 IL1r•�VI VV ACORD. CERTIFICATE OF LIABILITY INSURANCE GATE{MMIDDIYYYY} 1z1(MMIDD s 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 1NSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policytiesy must have ADDITIONAL INSURED provlsions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME Cartrlrla Richey Edgewood Partners Ins.Center HO H :878,478,3862 LAIC,No): 2405 Satellite Blvd.,Ste.200 ADDRESS: cartrina.richey@epicbrokers.com Duluth,GA 30096 INSURER(S)AFFORDING COVERAGE NAICS 770 232-0202 Massachusetts Bay Insurance Company 22306 INSURER A: Y p Y INSURED INSURER B:Hanover Insurance Company 22292 PENTA ENGINEERING GROUP,INC.,;A LeIAn ton Insurance ComPa Y 19437 n INSURER C: 9 APPLIED TECHNICAL SERVICES,INC.;4000 INSURER D MILLER COURT WEST INSURER E: NORCROSS,GA 30071 - 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 PERTA#N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �NSR ADDL SUB POLICY EFF POLICY EXP TR TYPE OF INSURANCE POUCY NUMBER IMUgD - @L4RD uM1T8 A x COMMERCIAL GENERAL LIABILITY ZDA9211365 7/15/2018 07/15/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 5XIOCCUR InCI.COntractual RNSIOEoruD E a.ooeurD $1,000,000 X Prof/Pall MED EXP[Any one person] $10,000 C. 015719008 7/15/2018 07/15/201 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Claims Made GENERAL AGGREGATE 52,000,000 FRO- x POLICY F_X1 JECT L=1 Lac $10,000,000 PRODUCTS-COMPIOPAGG s2,000,000 OTHER: $250,000 Ded. $ AUTOMOBILE ABT Eaa cdE°SINGLE LIAfTq cent 1,000,000 x ANY AUTO COmpIC011 ❑ed. BODILY INJ U RY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS $2 080 BODILY INJURY{Per accident] $ AUTOS ONLY �[ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per ax dent UNIM $100,000 B X UMBRELLA LIAB X OCCUR UHA9211368 7/15/2018 07/15/201 EACH OCCURRENCE $10 000 000 EXCESS LIAR CLAIMS-MADE Prof/Poll AGGREGATE $10 000 000 ❑EDTI RETENTIONS Not Included $ A WORKERS COMPENSATION WDA8801724 7/15/2018 07/15/201 ]C PER DTH- AN❑EMPLOYERS'LIABILITY ANY PROP RIETORIPARTNERfEXECUTIVE Y�N E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? � NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLtCY LIMIT $1 000 000 A Leased/Rented Equ ZDA9211365 0711512018 0711512019 $400,0001$1,000 Dad. Replacement Cost Special Form DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) CERTIFICATE HOLDER CANCELLATION 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 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S13167971M1136690 TSTE2