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2019-219-E AMS - ECS Southeast construction materials testing for SHSC
DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D [Departmental Use Only] TITLE Special Testing FY 2018-19 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter"Agreement"), made and entered into this 21 st day of April , 2019, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and ECS Southeast, LLP, (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): Perform construction materials testing for Southern Campus Expanion Project per proposal 06:21261 dated March 22, 2019. 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 performance of these services. Provider is solely responsible for the professional Revised 12/18 1 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D 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 as follows (fully describe services to be provided): Provide construction materials testing per proposal#06:21261 dated March 22, 2019. 4. Duration of Services a. Term. The term of this Agreement shall be from June 1, 2019 to December 31, 2020. b. Scheduliniz 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 Revised 12/18 2 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D 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 June 1, 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 Thirty One Thousand Six Hundred Dollars ($31,600.00). 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 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 Revised 12/18 3 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. Revised 12/18 4 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D 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 e�ync. o�partments/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. 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. Revised 12/18 5 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:AMS ECS Southeast, LLP P.O. Box 8181 9001 Glenwood Ave Hillsborough,NC 27278 Raleigh,NC 27617 [SIGNATURE PAGE TO FOLLOW] Revised 12/18 6 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D 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: �]akkit �auuwt 4/5/2019 �{t�tu v �.��oSS�a�L By. BY 4/3/2019 , County Manager John S. Lair, P.G. Printed Name and Title Revised 12/18 7 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS Southeast, LLP Proposal for Construction Materials Testing Southern Campus Expansion 2551 Homestead Road Chapel Hill, Orange County, North Carolina ECS Proposal Number 06:21261 March 22, 2019 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS SOUTHEAST, LLP "Setting the Standard for Service" 1078 i Geotechnical • Construction Materials ■ Environmental • Facilities NC Registerd Engineering Firm F-406 NC Registered Geologists Firm C-A05 SC Registered Engineering Firm 3250 March 22, 2019 Mr. Angel Barnes Orange County Asset Mgmt& Purchasing 131 W. Margaret Lane PO Box 8181 Hillsborough, North Carolina, 27278 Reference: Proposal for Construction Materials Testing Southern Campus Expansion 2551 Homestead Road Chapel Hill, Orange County, North Carolina ECS Proposal Number: 06:21261 Dear Mr. Barnes: ECS Southeast, LLP (ECS) appreciates this opportunity to submit this proposal to provide construction materials testing for the above-referenced project. This proposal reviews our understanding of the project information, outlines our proposed scope of services, and presents our fee estimate—together with the applicable schedule of unit rates for this project. Our considerable experience with similar projects will help us provide efficient, cost-effective construction observation, testing, and engineering consulting services. Also, our automated Field Reporting and Electronic Distribution (FRED) system can provide an efficient reporting of field and laboratory activities as discussed later. PROJECT UNDERSTANDING We understand the project will consist of a new multipurpose room addition to the northeast corner of the existing Robert and Pearl Seymour Center, a wet pond for stormwater management control and site improvements such as a new canopy, asphalt and concrete sidewalk. The building addition will consist of shallow foundations with masonry piers and structural steel/cold form steel superstructure. ECS was provided and has reviewed the civil drawings prepared by grounded engineering dated November 19, 2018;the architectural drawings prepared by Smith Sinnett Architecture dated November 19, 2018; and the structural drawings prepared by Lynch Mykins dated November 19, 2019. ECS was not provided with a construction schedule or estimated duration at the time of preparing this proposal. SCOPE OF SERVICES We propose to provide qualified engineers and engineering technicians to perform the requested services. The following reporting,testing and inspection services may be requested on this project: Earthwork/Soils-Chapter 17,Section 1704.7 • Observe the contractor proofroll the site to observe that unstable soils have been identified and removed, or repaired in-place. • Conduct laboratory Proctor tests on proposed engineered fill soils. 9001 Glenwood Avenue, Raleigh, NC 27617-7505 • T: 919.861.9910 • F:919.861.9911 • ecslimited.com ECS Capitol Services,PLLC • ECS Florida,LLC • ECS Mid-Atlantic,LLC • ECS Midwest,LLC • ECS Southeast,LLP • ECS Southwest,LLP DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS SOUTHEAST, LLP • Continuous observation of fill placement activities for conformance with the project geotechnical report. • Perform in-place density testing of fill materials to verify the percent compaction/in-place dry density is in compliance with the project geotechnical report. Shallow Foundations—Chapter 17,Section 1704.9 • Periodic inspections and testing by Dynamic Cone Penetrometer of soils at footing bearing level to verify that the soils encountered are satisfactory for the allowable design pressure recommended. • Periodic observations and documentation of reinforcing steel. Concrete—Chapter 17,Section 1704.2 and 4 • Collect and review concrete batch tickets to confirm compliance with the approved mix design(s). • Observe reinforcing steel prior to concrete placement to confirm bar size, grade of steel, lap splices, clearances, support methods, and cleanliness. • Anchor bolts shall be observed prior to concrete placement to confirm proper placement and embedment. • Document general curing procedures. • If extreme weather conditions are apparent, document that hot or cold weather procedures are followed • Visually check the concrete in each truck as it arrives on site for proper slump and observe general placement procedures. • Sample and test plastic concrete to include slump tests,air content, unit weight of lightweight concrete, and temperature. • Make and cure 4.0 inch by 8.0 inch concrete cylinder test specimens for compressive strength testing per specifications. (two 7-day breaks,three 28-day breaks,and one reserve) • Deliver test specimens to ECS' laboratory within 24 hours after casting. • Laboratory curing, compressive strength testing and report of concrete cylinder test specimens. • ICC reinforced concrete inspector to observe reinforcing steel. Wood Construction—Chapter 17,Section 1704.6 • Verify that the fabricator maintains detailed fabrication and quality control procedures that provide a basis for inspection control of the workmanship and fabricator's ability to conform to approved construction documents and referenced standards. • Review the procedures for completeness and adequacy relative to the code requirements for the fabricator's scope of work. • Verify any wood structural panel sheathing to ascertain whether it is the grade and thickness shown on the approved building plans. • Verify the nominal size of framing members at adjoining panel edges,the nail or staple diameter and length,the number of fastener lines and that spacing between fasteners in each line and at edge margins agrees with the approved building plans. ECS Proposal 06:21261 Page 13 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS SOUTHEAST, LLP Cold Formed Metal Framing—Chapter 17,Section 1704.4 • Observe approved structural materials including framing members, screws, bolts and weld filler metals are used during fabrication and construction. • Observe cold formed framing connections for compliance with approved construction documents. • Perform continuous or periodic visual and nondestructive examination of welded connections for compliance with approved construction documents. • Submit written reports detailing our activities and findings. Structural Steel—Chapter 17,Section 1704.2 and 3 • Visit the fabrication shop to review fabrication and quality control procedures. (Unless pre- approved per AWS and Structural Engineer of Record) • Observe mill test reports and piece markings on structural members, high-strength bolts and nuts, and welding electrodes to verify conformance with the project drawings and specifications. • Perform visual observation of the welded connections. Fillet welds shall be observed for proper size and length. • Observation of high strength bolts for compliance with project drawings and specifications. • Observe steel framing and bracing to verify conformance with the project structural drawings. • Observe metal decking materials for type and gauge compliance with project specifications. • Provide documentation of events in the field and notify the appropriate personnel upon recognition of deficiencies. Perform the following periodic/continuous inspections as related to on-site structural steel erection and welded connections: o Continuous observation of following welded connections: ■ Complete and partial penetration groove welds ■ Multi-pass fillet welds ■ Single pass fillet welds exceeding 5/16 inches ■ Periodic observation of following welded connections ■ Single pass fillet welds 5/16 inches or less ■ Floor and roof deck welds o Perform ultrasonic or radiation testing to determine quality continuously observed welds as required by approved construction documents. Structural Masonry—Chapter 17,Section 1704.5 and 1708.1 • Provide continuous observations of general masonry construction (cell cleanliness, grout lift height, on-site mixing/proportioning of mortar and/or grout, consolidation of grout, etc.). • Observe that masonry contractor is checking the wall for plumbness. • Observe anchorages and reinforcing steel prior to concrete placement to confirm bar size, grade of steel, lap splices, clearances, support methods, and cleanliness. • Observe that contractor is installing embed materials in general accordance with the plans and specifications. • Document the general construction of mortarjoints. • Document the size and type of masonry units. ECS Proposal 06:21261 Page 14 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS SOUTHEAST, LLP • Observe and document the control joints are installed per the approved plans for spacing and installation. • Observe and document the specified control joint filler material is being installed as specified. • Obtain samples of masonry mortar for mortar/aggregate ration testing in accordance with ASTM C-480 and C-270 note as specified. • Fabricate mortar cubes and grout prisms for compressive strength testing. • Obtain samples of CMU materials for compressive strength testing. • Observe the fabrication of structural masonry prisms. Aggregate Base Course • Observe proofrolling of soil subgrades to receive stone and paving. • Observe proofrolling of ABC stone elevations. • Analyze the Aggregate Base Course stone for optimum moisture content and maximum dry density utilizing the specified Proctor method and conduct thickness measurements. • Conduct in-place density tests on aggregate base course to verify compaction. Asphalt Quality Control • Review Job Mix Formula data for proposed bituminous pavement materials. • Monitor temperature and density of asphalt pavements during installation and provide information as to the performance of these materials during installation for the purpose of quality control. Understanding Construction Materials Testing Construction Materials Testing (CMT) are performed to help provide the project's contractors, designers, owners and local code officials some indication of the level of compliance obtained by the installing contractors with the project specification. These services are provided at periodic intervals which typically are defined by the project specifications and on some occasions by the applicable building code. Test locations for most materials, i.e. soils, concrete and fireproofing, are generally based upon random selection; as such not all materials incorporated into a construction project are tested or observed. Obviously the greater the testing frequency, the greater the confidence level that the test results are representative of other untested areas, however, no amount of testing can assure 100% compliance. Testing and observation services provided by ECS do not relieve the installing contractors from their obligation to install all materials in accordance with the applicable project plans and specifications. ECS makes reasonable effort to test in accordance with the applicable project requirements and to identify areas of materials that may not comply with the project specifications. However, due to the periodic and random nature of our testing, we cannot guarantee that all materials have been installed in accordance with the specifications. The responsibility to correct or remediate non-complying conditions, even non-complying conditions discovered after testing or during subsequent phases of construction remains solely with the installing contractors. ECS Proposal 06:21261 Page 15 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS SOUTHEAST, LLP Communications To expedite the timely distribution of our daily reports, our field personnel utilize wireless hand-held technology to collect, process, and return data to our Raleigh office. Our use of this powerful technology typically facilitates electronic distribution of our reports within approximately 24 hours. This enhanced reporting technology allows us to simultaneously communicate our testing data with all project team members. We anticipate our services will be needed on a full-time basis during earthwork and foundation installation and typically on an on-call basis thereafter. The appropriate contractor or owner representative should contact our scheduling coordinator to provide the appropriate level of staffing to meet the project requirements; the direct phone number is 919-861-9830.All scheduling requests must be made 24 hours in advance so that the proper personnel may be scheduled for the required inspection task. Each scheduling request will be assigned a work order number so that the scheduled testing and inspection is documented. We also ask that we be provided with one full set of up-to-date project drawings and specifications prior to starting work on this project. ECS will transmit reports by e-mail. Please list those to whom the reports should be sent and provide their e-mail on the attached Proposal Acceptance Form. FEES/COST OF SERVICES Based upon the scope of services and our fee schedule, ECS estimates that our services for this project will be on the order of $31,542.80. A cost estimate is attached. ECS will invoice Orange County Asset Mgmt. & Purchasing for our services on a unit-rate basis in accordance with the unit rates provided in the attached Project Fee Schedule. Invoices will be submitted on a monthly basis—typically on or about the 10th day of each month. Our estimated cost provided does not constitute a lump-sum or not-to-exceed price for our services. Additional visits, re-inspections and unanticipated scopes of services may be required and will be invoiced in accordance with the attached fee schedule. At the time of this proposal, a construction schedule was not available and this cost estimate is based on our assumption of the construction schedule considering the construction drawings and specifications provided. The actual cost may be more or less than our cost estimate and will depend on the duration of construction and the frequency of testing scheduled by the general contractor. Should a defined construction schedule and detailed scope of services become available, we would be happy to prepare a more defined cost estimate. Should the construction schedule change and/or change in the scope of services differ from the proposed schedule or supplied schedule and scopes, our estimate will be revised utilizing the enclosed unit rates within this proposal. ECS will invoice only the actual costs of services expended. AUTHORIZATION If the scope of work as outlined above and the attached Terms and Conditions are acceptable to you, please sign the attached Proposal Acceptance Form on behalf of Orange County Asset Mgmt. & Purchasing and return one copy of the Proposal Acceptance Form to ECS. 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. ECS Proposal 06:21261 Pagel 6 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS SOUTHEAST, LLP Alternatively, you could issue a letter of acceptance or purchase order. If you opt to do so, ECS would ask that you include the proposal number and date hereof on such documents in order to incorporate this proposal by reference. By signing the Proposal Acceptance Form—or by referencing this proposal in other documents intended to authorize ECS to proceed with the scope of services described above—you are also accepting the Terms and Conditions of Service and making this proposal the agreement between ECS and Orange County Asset Mgmt. & Purchasing. This proposal is valid for a period of sixty (60) days; beyond that date it may be necessary to revise our schedule or fee. Fully completing and signing the attached Proposal Acceptance Form on behalf of Orange County Asset Mgmt. & Purchasing will provide formal authorization for ECS to enter the site and perform the above work, as well as providing 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 we have provided a place to for you to enter invoicing instructions and report distribution. We look forward to the opportunity to work with you on this project and hope to serve as your consultant in the future. If you have questions, or if we can be of additional service, please contact us at (919)861-9910. Respectfully submitted, ECS SOUTHEAST, LLP J Peter Whitfield, P.E. Tom Schipporeit, P.E. Project Engineer Principal Engineer Attachments: Cost Estimate Proposal Acceptance Form ECS Fee Schedule ECS Terms and Conditions of Service DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D March 22, 2019 ECS SOUTHEAST, LLP FEE ESTIMATE CONSTRUCTION MATERIALS TESTING AND SPECIAL INSPECTION SERVICES Southern Campus Expansion - Raleigh, North Carolina ECS Proposal No. 06:21261 Field Services: Quantity Unit Rate Cost Field Technician: Earthwork 25 visits @ 8 hours/visit 200 hours @ $45.00/ hour $9,000.00 Foundation Bearing 6 visits @ 4 hours/visit 24 hours @ $45.00/ hour $1,080.00 Foundation Concrete 6 visits @ 4 hours/visit 24 hours @ $45.00/ hour $1,080.00 Slab-on-grade Concrete 5 visits @ 8 hours/visit 40 hours @ $45.00/ hour $1,800.00 Pavement Subgrades 2 visits @ 6 hours/visit 12 hours @ $45.00/ hour $540.00 Pavement Observations 5 visits @ 8 hours/visit 40 hours @ $45.00/hour $1,800.00 Sample Pickups 2 visits @ 2 hours/visit 4 hours @ $45.00 /hour $180.00 ICC Inspector/Staff Engineer: Reinforcing Steel Obser 8 visits @ 2 hours/visit 16 hours @ $65.00/hour $1,040.00 Masonry Inspections 2 visits @ 4 hours/visit 8 hours @ $65.00/ hour $520.00 Wood Framing 3 visits @ 3 hours/visit 9 hours @ $65.00/hour $585.00 Structural Steel 4 visits @ 3 hours/visit 12 hours @ $95.00/ hour $1,140.00 Project Manager: Site Meetings/Obser. 4 visits @ 3 hours/visit 12 hours @ $110.00/ hour $1,320.00 Mileage(round trip): 72 visits @ 36 miles/visit 2592 miles @ $0.65/ mile $1,684.80 Subtotal:Field Services :0 Laboratory Testing: Quantity Unit Rate Cost Standard Proctor, Atterberg Limits, Wash 200: 2 samples @ $250.00/sample $500.00 Compressive Strength of Concrete Cylinders: 72 cylinders @ $10.00/cylinder $720.00 Comp. Strength of Grout Specimen: 6 samples @ $18.00/prism $108.00 Comp. Strength of Masonry 6 samples @ $10.00/cube $60.00 Subtotal:Laboratory Testing 00 Equipment Expenses: Quantity Unit Rate Cost Nuclear Density Gauge: 30 day(s) @ $45.00/day $1,350.00 Dipstick: day(s) @ $150.00/day $0.00 Equipment00 Project Management/Report Review: Quantity Unit Rate Cost Principal Engineer: 84 reports @ 0.25 hours/report 21 hours @ $175.00/ hour $3,675.00 Project Manager: 84 reports @ 0.25 hours/report 21 hours @ $110.00/ hour $2,310.00 Secretary: 84 reports @ 0.25 hours/report 21 hours @ $50.00 / hour $1,050.00 Project Management Subtotal: 00 TOTALESTIMATED • : 1 ECS Proposal 06:21261 Page 18 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECS SOUTHEAST, LLP PROPOSAL ACCEPTANCE FORM ECS SOUTHEAST, LLP (Please Print or Type) Project Name: Southern Campus Expansion—Construction Material Testing Location: 2551 Homestead Road, Chapel Hill, Orange County, North Carolina Estimate: $31,542.80 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 authorizing ECS to proceed, providing ECS permission to enter the site, and making this proposal the agreement between ECS and Orange County Asset Mgmt. & Purchasing. Your signature also indicates you have read this document and the Terms and Conditions of Service in their entirety and agree to pay for services as above set forth. 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: 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: Client Signature: X Date: Please return signed authorization to Peter Whitfield at pwhitfield@ecslimited.com or fax(919)861-9911. ECS Proposal 06:21261 E3 Page 19 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D C. 2019 ECS SOUTHEAST,LLP FEE SCHEDULE Personnel Senior Principal Engineer............................................................................................................................$200.00/hour PrincipalEngineer.......................................................................................................................................$175.00/hour Senior Professional Engineer......................................................................................................................$125.00/hour ProjectManager.........................................................................................................................................$110.00/hour Field Technician(**)...................................................................................................................................$45.00/hour Chief Materials/ICC Technician(**)...........................................................................................................$65.00/hour NCDOT Field Technician(**)......................................................................................................................$65.00/hour Senior Level AWS CWI(NDE: UT, MT, PT, RI)(**)......................................................................................$95.00/hour Administrative Support..............................................................................................................................$50.00/hour Transportation via company or private vehicle.........................................................................................$ 0.65/mile Note: 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 portal to portal from our office. For scheduling requests received without sufficient notice as stated within the ECS proposal, services will be staffed with available personnel at the associated unit rates. (**)=Overtime=Standard Rate x 1.50 for over 8 hours per day and outside normal business hours of 7:00am to 5:00pm, holiday,Saturday,or Sunday EQUIPMENT and LABORATORY R-Meter .........................................................................................................................................................$50.00/day Coremachine.................................................................................................................................................$250.00/day GPREquipment..............................................................................................................................................$175.00/day Moisture Emission Test Kit............................................................................................................................$50.00/unit Nuclear Density and Moisture Measuring Equipment.................................................................................$45.00/day Thin Lift Nuclear Gauge.................................................................................................................................$45.00/day UltrasonicEquipment....................................................................................................................................$100.00/day Dipstick .........................................................................................................................................................$150.00/day Asphalt Bulk Specific Gravity.........................................................................................................................$75.00 each WindsorProbe Gun.......................................................................................................................................$125.00/day WindsorProbe Shots.....................................................................................................................................$75.00/shot Standard Proctor(ASTM D-698)....................................................................................................................$130.00 each Modified Proctor(ASTM D-1557)4 inch mold..............................................................................................$140.00 each Atterberg Limits Testing................................................................................................................................$65.00 each Wash 200 Sieve Analysis................................................................................................................................$45.00 each Testing of Cylinders, Prisms,Cubes and Core Specimens: Compressive Strength of grout prisms(3.5"x3.5"x7")......................................................................$ 18.00 each Compressive strength of mortar cubes..........................................................................................$10.00 each Compressive strength of concrete cylinders including reserves,(ASTM C-39).............................$10.00 each Core Specimen(including sample preparation).............................................................................$25.00/test Extra Molds-cylinder molds included in compressive strength rate(per case of 30) $65.00/case Note: The above charges will be made for tests and equipment operated by ECS SOUTHEAST, LLP personnel in addition to personnel charges already listed.Soil Samples requiring a turnaround time of less than 5 days will be billed at 1.5 times the test unit rate. DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431 D Proposal No.:06:21261 (hereinafter the"Proposal") ECS SOUTHEAST, LLP TERMS AND CONDITIONS OF SERVICE The professional services("Services")to be provided by ECS SOUTHEAST, LLP("ECS") 7.2 CLIENT warrants that it possesses all necessary permits, licenses and/or utility pursuant to the Proposal shall be provided in accordance with these Terms and Conditions clearances for the Services to be provided by ECS except where ECS' Proposal of Service("Terms'),including any addenda as may be incorporated or referenced in writing explicitly states that ECS will obtain such permits,licenses,and/or utility clearances. and shall form the Agreement between ECS and CLIENT. 7.3 ECS will take reasonable precautions to limit damage to the Site and its 1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent improvements during the performance of its Services. CLIENT understands that the professional consultant to CLIENT for Services on the Project and shall have control over, use of exploration,boring,sampling,or testing equipment may cause damage to the and responsibility for,the means and methods for providing the Services identified in the Site. The correction and restoration of such common damage is CLIENT'S Proposal,including the retention of Subcontractors and Subconsultants responsibility unless specifically included in ECS'Proposal. 7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against 2.0 SCOPE OF SERVICES-It is understood that the fees, reimbursable expenses ECS arising from(i)procedures associated with the exploration,sampling or testing and time schedule defined in the Proposal are based on information provided by CLIENT activities at the Site,(ii)discovery of Hazardous Materials or suspected Hazardous and/or CLIENT'S, agents, contractors and consultants ("Contractors"). CLIENT Materials, or (iii) ECS' findings, conclusions, opinions, recommendations, plans, acknowledges that if this information is not current,is incomplete or inaccurate,if conditions and/or specifications related to discovery of contamination. are discovered that could not be reasonably foreseen, or if CLIENT orders additional services,the scope of services will change,even while the Services are in progress. 8.0 UNDERGROUND UTILITIES 3.0 STANDARD OF CARE 8.1 ECS shall exercise the Standard of Care in evaluating client-furnished information as well as information readily and customarily available from public utility locating 3.1 In fulfilling its obligations and responsibilities enumerated in the Proposal, services(the"Underground Utility Information")in its effort to identify underground ECS shall be expected to comply with and its performance evaluated in light utilities.The extent of such evaluations shall be at ECS'sole discretion. of the standard of care expected of professionals in the industry performing 8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained similar services on projects of like size and complexity at that time in the by ECS may contain errors or be incomplete.CLIENT understands that ECS may region (the "Standard of Care"). Nothing contained in the Proposal, the be unable to identify the locations of all subsurface utility lines and man-made agreed-upon scope of Services,these Terms or any ECS report,opinion,plan features. or other document prepared by ECS shall constitute a warranty or guarantee of any nature whatsoever. 8.3 CLIENT waives, releases, and discharges ECS from and against any claim for 3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data damage,injury or loss allegedly arising from or related to subterranean structures gathered during performance of Services as well as those facts provided by the (Pipes,tanks,cables,or other utilities,etc.)which are not called to ECS'attention in CLIENT and/or CLIENT'S contractors and consultants. CLIENT acknowledges that writing of CLIENT, not correctly shown on the Underground Utility Information such data collection is limited to specific areas that are sampled, bored, tested, and/or not properly marked iv located by the utility owners,governmental or quasi' observed and/or evaluated. Consequently, CLIENT waives any and all claims governmental locators,t private utility locating services as n result of ECS'or ECS' based upon erroneous facts provided by the CLIENT,facts subsequently learned or Sdustry stand's request for utility marking services made in accordance with local regarding conditions in areas not specifically sampled, bored,tested,observed or industry standards. evaluated by ECS. 9.0 SAMPLES 3.3 If a situation arises that causes ECS to believe compliance with CLIENT'S directives 9.1 Soil,rock,water,building materials and/or other samples and sampling by-products would be contrary to sound engineering practices, would violate applicable laws, obtained from the Site are and remain the property of CLIENT. Unless other regulations or codes,or will expose ECS to legal claims or charges,ECS shall so arrangements are requested by CLIENT and mutually agreed upon by ECS in advise CLIENT. If ECS'professional judgment is rejected,ECS shall have the right writing, ECS will retain samples not consumed in laboratory testing for up to sixty to terminate its Services in accordance with the provisions of Section 25.0,below. (60)calendar days after the first issuance of any document containing data obtained 3.4 If CLIENT decides to disregard ECS'recommendations with respect to complying from such samples.Samples consumed by laboratory testing procedures will not be with applicable laws or regulations, ECS shall determine if applicable law requires stored. ECS to notify the appropriate public officials. CLIENT agrees that such 9.2 Unless CLIENT directs otherwise,and excluding those issues covered in Section determinations are ECS'sole right to make. 10.0,CLIENT authorizes ECS to dispose of CLIENT'S non-hazardous samples and 4.0 CLIENT DISCLOSURES sampling or testing by-products in accordance with applicable laws and regulations. 4.1 Where the Services requires ECS to penetrate a surface, CLIENT shall furnish 10.0 ENVIRONMENTAL RISKS and/or shall direct CLIENT'S or CLIENT'S Contractors to furnish ECS information 10.1 When Hazardous Materials are known,assumed,suspected to exist,or discovered identifying the type and location of utility lines and other man-made objects known, at the Site,ECS will endeavor to protect its employees and address public health, suspected,or assumed to be located beneath or behind the Site's surface. ECS safety,and environmental issues in accordance with the Standard of Care. CLIENT shall be entitled to rely on such information for completeness and accuracy without agrees to compensate ECS for such efforts. further investigation,analysis,or evaluation. 10.2 When Hazardous Materials are known, assumed, or suspected to exist, or 4.2 "Hazardous Materials"shall include but not be limited to any substance that poses discovered at the Site,ECS and/or ECS'subcontractors will exercise the Standard or may pose a present or potential hazard to human health or the environment of Care in containerizing and labeling such Hazardous Materials in accordance with whether contained in a product,material,by-product,waste,or sample,and whether applicable laws and regulations,and will leave the containers on Site. CLIENT is it exists in a solid,liquid,semi-solid or gaseous form.CLIENT shall notify ECS of responsible for the retrieval,removal,transport and disposal of such contaminated any known, assumed, or suspected regulated, contaminated, or other similar samples,and sampling process byproducts in accordance with applicable law and Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site. regulation. 4.3 If any Hazardous Materials are discovered,or are reasonably suspected by ECS 10.3 Unless explicitly stated in the Scope of Services, ECS will neither subcontract for after its Services begin,ECS shall be entitled to amend the scope of Services and nor arrange for the transport, disposal, or treatment of Hazardous Materials. At adjust its fees or fee schedule to reflect any additional work or personal protective CLIENT'S written request, ECS may assist CLIENT in identifying appropriate equipment and/or safety precautions required by the existence of such Hazardous alternatives for transport,off-site treatment,storage,or disposal of such substances, Materials. but CLIENT shall be solely responsible for the final selection of methods and firms 5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and to provide such services. CLIENT shall sign all manifests for the disposal of discharges ECS from and against any claim for damage,injury or loss allegedly arising out substances affected by contaminants and shall otherwise exercise prudence in of or in connection with errors, omissions, or inaccuracies in documents and other arranging for lawful disposal. information in any form provided to ECS by CLIENT or CLIENT's Contractors, including 10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in such information that becomes incorporated into ECS documents. the disposal of Hazardous Materials,samples,or wastes as part of the Proposal, ECS shall do so only as CLIENT'S agent(notwithstanding any other provision of 6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in this Agreement to the contrary). ECS will not assume the role of,nor be considered sampling,testing and/or evaluating concealed conditions that are hidden from view and/or a generator,storer,transporter,or disposer of Hazardous Materials. neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions 10.5 Subsurface sampling may result in unavoidable cross-contamination of certain behind a wall,beneath a floor,or above a ceiling.Such circumstances require that certain subsurface areas,as when a probe or excavation/boring device moves through a assumptions be made regarding existing conditions,which may not be verifiable without contaminated zone and links it to an aquifer, underground stream, pervious soil expending additional sums of money or destroying otherwise adequate or serviceable stratum, or other hydrous body not previously contaminated, or connects an portions of a building or component thereof.Accordingly,ECS shall not be responsible for uncontaminated zone with a contaminated zone. Because sampling is an essential the verification of such conditions unless verification can be made by simple visual element of the Services indicated herein, CLIENT agrees this risk cannot be observation. CLIENT agrees to bear any and all costs, losses, damages and expenses eliminated. Provided such services were performed in accordance with the (including,but not limited to,the cost of ECS'additional services)in any way arising from or Standard of Care,CLIENT waives,releases and discharges ECS from and against in connection with the existence or discovery of such concealed or unknown conditions. any claim for damage,injury,or loss allegedly arising from or related to such cross- 7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES contamination. 7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the 10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is conducted solely to permit ECS to render a professional opinion about the likelihood site for the performance of Services. CLIENT hereby grants ECS and its agents, subcontractors and/or subconsultants ("Subconsultants"), the right to enter from of the site having a Recognized Environmental Condition on,in, beneath,or near the Site at the time the Services are conducted. No d matter how thorough a Phase I time to time onto the property in order for ECS to perform its Services. CLIENT ESA study may agrees to indemnify and hold ECS and its Subconsultants harmless from any claims findings derived from its conduct are highly limited and ECS arising from allegations that ECS trespassed or lacked authority to access the Site. cannot know or state for an absolute fact that the Site is unaffected or adversely ECS Proposal No:06:21261 Page 1 of 3 Ver.06/14/13 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D affected by one or more Recognized Environmental Conditions. CLIENT represents of professional fees stated shall not be considered as a not-to-exceed or lump sum and warrants that it understands the limitations associated with Phase I ESAs. amount unless otherwise explicitly stated. CLIENT understands and agrees that even if ECS agrees to a lump sum or not-to-exceed amount,that amount shall be 11.0 OWNERSHIP OF DOCUMENTS limited to number of hours, visits, trips, tests, borings, or samples stated in the 11.1 ECS shall be deemed the author and owner(or licensee)of all documents,technical Proposal. reports, letters, photos, boring logs, field data, field notes, laboratory test data, 15.2 CLIENT agrees that all professional fees and other unit rates may be adjusted calculations, designs, plans, specifications, reports, or similar documents and annually to account for inflation based on the most recent 12-month average of the estimates of any kind furnished by it[the"Documents of Service"]and shall retain all Consumer Price Index(CPI-U)for all items as established by www.bis.gov when the common law, statutory and other reserved rights, including copyrights. CLIENT CPI-U exceeds an annual rate of 2.0%. shall have a limited, non-exclusive license to use copies of the Documents of 15.3 Should ECS identify a Changed Condition(s), ECS shall notify the CLIENT of the Service provided to it in connection with its Project for which the Documents of Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate Service are provided until the completion of the Project. an amendment to the scope of Services,professional fees,and time schedule. 11.2 ECS' Services are performed and Documents of Service are provided for the 15.4 CLIENT recognizes that time is of the essence with respect to payment of ECS' CLIENT'S sole use. CLIENT understands and agrees that any use of the invoices,and that timely payment is a material consideration for this Agreement. All Documents of Service by anyone other than the CLIENT and its Contractors is not payment shall be in U.S.funds drawn upon U.S.banks and in accordance with the permitted. CLIENT further agrees to indemnify and hold ECS harmless for any rates and charges set forth in the professional Fees. Invoices are due and payable errors,omissions or damage resulting from its contractors'use of ECS'Documents upon receipt. of Service. 11.3 Without ECS'prior written consent,CLIENT agrees to not use ECS'Documents of 15.5 If CLIENT disputes all or part of an invoice,CLIENT shall provide ECS with written Service for the Project if the Project is subsequently modified in scope,structure or notice stating in detail the facts of the dispute within fifteen(15)calendar days of the purpose. Any reuse without ECS'written consent shall be at CLIENT'S sole risk invoice date. CLIENT agrees to pay the undisputed amount of such invoice and without liability to ECS or its Subconsultants. CLIENT agrees to indemnify and promptly. hold ECS harmless for any errors,omissions or Damage resulting from its use of 15.6 ECS reserves the right to charge CLIENT an additional charge of one-and-one-half ECS'Documents of Service after any modification in scope,structure or purpose. (1.5)percent(or the maximum percentage allowed by Law,whichever is lower)of 11.4 CLIENT agrees to not make any modification to the Documents of Service without the invoiced amount per month for any payment received by ECS more than thirty the prior written authorization of ECS. To the fullest extent permitted by law, invoiced calendar days from the date m the invoice, excepting any portion st the CLIENT agrees to indemnify, defend, and hold ECS harmless from any damage, invoiced amount n dispute. All payments will be applied to accrued interest first loss,claim,liability or cost(including reasonable attorneys'fees and defense costs) and then al the unpaid principal amount. Payment of invoices shall not be subject arising out of or in connection with any unauthorized modification of the Documents to unilateral discounting or set-offs by CLIENT. of Service by CLIENT or any person or entity that acquires or obtains the 15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon Documents of Service from or through CLIENT. CLIENT represents and warrants CLIENT'S ability to obtain financing,zoning,approval of governmental or regulatory that the Documents of Service shall be used only as submitted by ECS. agencies,permits,final adjudication of a lawsuit,CLIENT'S successful completion of the Project, settlement of a real estate transaction, receipt of payment from 12.0 SAFETY CLIENT's client, or any other event unrelated to ECS provision of Services. 12.1 Unless expressly agreed to in writing in its Proposal,CLIENT agrees that ECS shall Retainage shall not be withheld from any payment,nor shall any deduction be made have no responsibility whatsoever for any aspect of site safety other than for its own from any invoice on account of penalty,liquidated damages,or other sums incurred employees. Nothing herein shall be construed to relieve CLIENT and/or its by CLIENT. It is agreed that all costs and legal fees including actual attorney's fees, Contractors from their responsibility for site safety. CLIENT also represents and and expenses incurred by ECS in obtaining payment under this Agreement, in warrants that the General Contractor is solely responsible for Project site safety and perfecting or obtaining a lien, recovery under a bond, collecting any delinquent that ECS personnel may rely on the safety measures provided by the General amounts due,or executing judgments,shall be reimbursed by CLIENT. Contractor. 15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of 12.2 In the event ECS assumes in writing limited responsibility for specified safety these Terms,payment of any invoice by the CLIENT shall mean that the CLIENT is issues,the acceptance of such responsibilities does not and shall not be deemed an satisfied with ECS'Services and is not aware of any defects in those Services. acceptance of responsibility for any other non-specified safety issues,including,but 16.0 DEFECTS IN SERVICE not limited to those relating to excavating,fall protection,shoring,drilling,backfilling, blasting,or other construction activities. 16.1 CLIENT and CLIENT's Contractors shall promptly inform ECS during active work on any project of any actual or suspected defects in the Services so to permit ECS to 13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES take such prompt,effective remedial measures that in ECS'opinion will reduce or 13.1 CLIENT understands that construction testing and observation services are eliminate the consequences of any such defective Services. The correction of provided in an effort to reduce, but cannot eliminate,the risk of problems arising defects attributable to ECS'failure to perform in accordance with the Standard of during or after construction or remediation. CLIENT agrees that the provision of Care shall be provided at no cost to CLIENT. However, ECS shall not be such Services does not create a warranty or guarantee of any type. responsible for the correction of any deficiency attributable to client-furnished 13.2 Monitoring and/or testing services provided by ECS shall not in any way relieve the information, the errors, omissions, defective materials, or improper installation of CLIENT'S contractor(s)from their responsibilities and obligations for the quality or materials by CLIENT'S personnel,consultants contractors,or work not observed c completeness of construction as well as their obligation to comply with applicable by ECS.CLIENT shall compensate ECS for the costs of correcting such defects. 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 sequencing or procedures of construction selected, for safety precautions and compensate ECS for the provision of such Services. programs incidental to work or services provided by any contractor or other 17.0 INSURANCE-_ECS represents that it and its subcontractors and subconsultants consultant.ECS does not and shall 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 of CLIENT'S Contractors or any of their automobile and professional liability insurance policies in coverage amounts it deems subcontractors. 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 Contractors. If CLIENT elects to available,will be at the expense of the CLIENT. retain ECS on a part-time or on-call basis for any aspect of construction monitoring and/or testing, CLIENT accepts the risk that a lower level of construction quality 18.0 LIMITATION OF LIABILITY may occur and that defective or incomplete work may result and not be detected by 18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING ECS' part time monitoring and testing In exchange for CLIENT'S receipt of an ECS' TOTAL LIABILITY TO CLIENT ARISING FROM ECS' PROFESSIONAL LIABILITY, I.E. immediate cost savings. Unless the CLIENT Can show that ECS' errors or PROFESSIONAL ACTS,ERRORS,OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING omissions are contained in ECS'reports,CLIENT waives,releases and discharges NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, ECS from and against any other claims for errors,omissions,damages,Injuries,or INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING loss alleged to arise from defective or incomplete work that was monitored or tested REASONABLE ATTORNEY'S FEES)RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER by ECS On a part-time or on-call basis. Except as set forth In the preceding THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THE ALLOCATION IS AS sentence,CLIENT agrees to indemnify and hold ECS harmless from all Damages, FOLLOWS. costs,and attorneys'fees,for any claims alleging errors,omissions,damage,injury 18.1.1 If the proposed fees are $10,000 or less, ECS' total aggregate liability to or loss allegedly resulting from work that was monitored or tested by ECS on a part- CLIENT shall not exceed $20,000, or the total fee received for the services time or on-call basis. rendered,whichever is greater. 14.0 CERTIFICATIONS-CLIENT may request,or governing jurisdictions may require, 18.1.2 If the proposed fees are in excess of$10,000,ECS'total aggregate liability to ECS to provide a"certification'regarding the Services provided by ECS. Any"certification' CLIENT shall not exceed$50,000,or the total fee for the services rendered, required of ECS by the CLIENT or jurisdiction(s)having authority over some or all aspects whichever is greater. of the Project shall consist of ECS' inferences and professional opinions based on the 18.2 CLIENT agrees that ECS shall not be responsible for any injury,loss or damage of limited sampling, observations, tests, and/or analyses performed by ECS at discrete any nature,including bodily injury and property damage,arising directly or indirectly, locations and times. Such"certifications"shall constitute ECS' professional opinion of a in whole or in part,from acts or omissions by the CLIENT, its employees,agents, condition's existence, but ECS does not guarantee that such condition exists,nor does it staff,consultants,contractors,or subcontractors to the extent such injury,damage, relieve other parties of the responsibilities or obligations such parties have with respect to or loss is caused by acts or omissions of CLIENT, its employees, agents, staff, the possible existence of such a condition. CLIENT agrees it cannot make the resolution of consultants, contractors, subcontractors or person/entities for whom CLIENT is any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing legally liable. any such"certification." 18.3 CLIENT agrees that ECS'liability for all non-professional liability arising out of this 15.0 BILLINGS AND PAYMENTS Agreement or the services provided as a result of the Proposal be limited to $500,000. 15.1 Billings will be based on the unit rates, plus travel costs, and other reimbursable expenses as stated in the professional fees section of the Proposal. Any estimate ECS Proposal No:06:21261 Page 2 of 3 Ver.06/14/13 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D 19.0 INDEMNIFICATION 23.2 CLIENT shall make no claim(whether directly or in the form of a third-parry claim) 19.1 Subject to Section 18.0,ECS agrees to hold harmless and indemnify CLIENT from against ECS unless CLIENT shall have first provided ECS with a written certification and against damages arising from ECS'negligent performance of its Services,but executed by an independent engineer licensed in the jurisdiction in which the only to the extent that such damages are found to be caused by ECS' negligent Project is located,reasonably specifying each and every act or omission which the acts,errors or omissions,(specifically excluding any damages caused by any third certifier contends constitutes a violation of the Standard of Care. Such certificate parry or by the CLIENT.) shall be a precondition to the institution of any judicial proceeding and shall be 19.2 To the fullest extent permitted by law,CLIENT agrees to indemnify,and hold ECS provided to ECS thirty(30)days prior to the institution of such judicial proceedings. harmless from and against any and all liability,claims,damages,demands,fines, 23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or penalties,costs and expenditures(including reasonable attorneys'fees and costs of district in which ECS' office contracting with the CLIENT is located. The parties litigation defense and/or settlement)("Damages")caused in whole or in part by the agree that the law applicable to these Terms and the Services provided pursuant to acts, errors, or omissions of the CLIENT or CLIENT's employees, agents, staff, the Proposal shall be the laws of the Commonwealth of Virginia,but excluding its contractors, subcontractors,consultants, and clients, provided such Damages are choice of law rules. Unless otherwise mutually agreed to in writing by both parties, attributable to:(a)the bodily injury,personal injury,sickness,disease and/or death CLIENT waives the right to remove any litigation action to any other jurisdiction. of any person;(b)the injury to or loss of value to tangible personal property;or(c)a Both parties agree to waive any demand for a trial by jury. breach of these Terms. The foregoing indemnification shall not apply to the extent 24.0 CURING A BREACH such Damage is found to be caused by the sole negligence,errors,omissions or willful misconduct of ECS. 24.1 A party that believes the other has materially breached these Terms shall issue a 19.3 It is specifically understood and agreed that in no case shall ECS be required to pay written cure notice identifying its alleged grounds for termination.Both parties shall an amount of Damages disproportional to ECS' culpability. IF CLIENT IS A promptly and in good faith attempt to identify a cure for the alleged breach or HOMEOWNER, HOMEOWNERS' ASSOCIATION, CONDOMINIUM OWNER, present facts showing the absence of such breach. If a cure can be agreed to or CONDOMINIUM OWNER'S ASSOCIATION,OR SIMILAR RESIDENTIAL OWNER, the matter otherwise resolved within thirty(30)calendar days from the date of the ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE termination notice, the parties shall commit their understandings to writing and ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT'S RIGHTS AND termination shall not occur. OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS 24.2 Either party may waive any right provided by these Terms in curing an actual or IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT alleged breach; however, such waiver shall not affect future application of such TO RETAIN SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL provision or any other provision. COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY 25.0 TERMINATION PROVISION OF THIS AGREEMENT. 19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER, 25.1 CLIENT or ECS may terminate this Agreement for breach,non-payment,or a failure CLIENT SHALL INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND to cooperate. In the event of termination,the effecting party shall so notify the other ALL CLAIMS OR DEMANDS DUE TO INJURY OR LOSS INITIATED BY ONE OR party in writing and termination shall become effective fourteen(14)calendar days MORE HOMEOWNERS, UNIT-OWNERS, OR THEIR HOMEOWNER'S after receipt of the termination notice. ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY 25.2 Irrespective of which party shall effect termination,or the cause therefore,ECS shall AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE promptly render to CLIENT a final invoice and CLIENT shall immediately DISPUTE. compensate ECS for Services rendered and costs incurred including those Services 19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY associated with termination itself, including without limitation, demobilizing, HARMLESS UNDER THIS SECTION 19.0 INCLUDE THE DUTY TO DEFEND. modifying schedules,and reassigning personnel. 20.0 CONSEQUENTIAL DAMAGES 26.0 TIME BAR TO LEGAL ACTION-Unless prohibited by law,and notwithstanding any 20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any Statute that may provide additional protection,CLIENT and ECS agree that a lawsuit by 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 CLIENT,for any liquidated damages due to any fault,or failure to act,in part or in 27.0 ASSIGNMENT-CLIENT and ECS respectively bind themselves,their total by ECS,its employees,agents,or subcontractors. successors,assigns,heirs,and legal representatives to the other party and the successors, 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 21.1 All claims for damages related to the Services provided under this Agreement shall any cause of action arising therefrom,in whole or in part,without the written consent of the be made against the ECS entity contracting with the CLIENT for the Services,and other. Any purported assignment or transfer,except as permitted above,shall be deemed no other person or entity. CLIENT agrees that it shall not name any affiliated entity null,void and invalid,the purported assignee shall acquire no rights as a result of the including parent, peer, or subsidiary entity or any individual officer, director, or purported assignment or transfer and the non-assigning parry shall not recognize any such employee of ECS. purported assignment or transfer. 21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in 28.0 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, partners,members,agents,directors,officers,employees,and/or owners shall have 29.0 SURVIVAL-All obligations arising prior to the termination of the agreement no liability whatsoever arising out of or in connection with the Project and/or represented by these Terms and all provisions allocating responsibility or liability between Services provided hereunder. In the event CLIENT brings a claim against an the CLIENT and ECS shall survive the substantial completion of Services and the affiliated entity, parent entity, subsidiary entity, or individual officer, director or termination of the Agreement. employee in contravention of this Section 21,CLIENT agrees to hold ECS harmless from and against all damages, costs, awards, or fees (including attorneys'fees) 30.0 TITLES;ENTIRE AGREEMENT attributable to such act. 30.1 The titles used herein are for general reference only and are not part of the Terms. 22.0 THIRD PARTY CLAIMS EXCLUSION-CLIENT and ECS agree that the Services 30.2 These Terms together with the Proposal, including all exhibits, appendixes, and are performed solely for the benefit of the CLIENT and are not intended by either CLIENT or other documents appended to it,constitute the entire agreement between CLIENT ECS to benefit any other person or entity. To the extent that any other person or entity is and ECS("Agreement"). CLIENT acknowledges that all prior understandings and benefited by the Services,such benefit is purely incidental and such other person or entity negotiations are superseded by this Agreement. shall not be deemed a third party beneficiary to the Agreement. No third-party shall have 30.3 CLIENT and ECS agree that subsequent modifications to the Agreement shall not the right to rely on ECS'opinions rendered in connection with ECS'Services without written be binding unless made in writing and signed by authorized representatives of both consent from both CLIENT and ECS,which shall include,at a minimum,the third-party's parties. agreement to be bound to the same Terms and Conditions contained herein and third- 30.4 All preprinted terms and conditions on CLIENT'S purchase order, Work 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 matters 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 acceptance of this Proposal and these Terms and their agreement s be fully bound parties shall promptly attempt to resolve all such Disputes through executive them. If CLIENT fails t negotiation between senior representatives of both parties familiar with the Project. t e Terms or the a The parties shall arrange a mutually convenient time for the senior representative of attached Work Authorization, provide ECS with a signed copy of theson,CLIENT agrees that by authorizing and accepting the each party to meet. Such meeting shall occur within fifteen calendar(15)days of services of ECS,it will be fully bound by these Terms as if they had been signed by CLIENT. either party's written request for executive negotiation or as otherwise mutually agreed. Should this meeting fail to result in a mutually agreeable plan for resolution of the Dispute,CLIENT and ECS agree that either party may bring litigation. ECS Proposal No:06:21261 Page 3 of 3 Ver.06/14/13 DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECSSOUT-02 JTORREZ '4CaR0 CERTIFICATE OF LIABILITY INSURANCE D 114/20r 0 8 61412Q18 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer ri 9 hts to the certificate holder in lieu of such e nd o rse me n q S). PRODUCER COMP CT Ames&Gough PHONE FAX 8300 Greensboro Drive Arc,Na,Ext:(703)827-2277 lA� No;(703)827-2279 Suite 980 E-MAIL .admin amesgau h.com McLean,VA 22102 INSURERS AFFORDING COVERAGE NAIL 9 INSURER A:Continental Casualty Company CNA)A XV 20443 INSURED INSURER B ECS Southeast,LLP INSURER c 1842 Center Park Drive,Suite D INSURER D Charlotte,NC 28217 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 ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE RE CLAIMS-MADE ❑OCCUR DAMAGET0RENTEC E a occu ce MED EXP(Any oneperson) S PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY %eT LOC PRODUCTS-COMP/OP AGG $ OTHER; $ AUTOMOBILE LIABILITY C 0 eII.NdEBD SINGLE LIMIT $ ANY AUTO BODILY INJURY Per on $ OWNED SCHEDULED AUTOS ONLY AUTOS � BODILY INJURY Per sccdenl S 111N eO�raodnRRTTSONLY ANAr t AMAGE $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MACE AGGREGATE S DED F I RETENTION$ S WORKERS COMPENSATION PER 7 OTH- AND EMPLOYERS'LIABILITY YIN ANY PR PRRIIETO�RRItM EXCLLD Q?ECU7IVE ❑ NIA E.L.EACH ACCIDENT S andatary In NH) E.L DISEASE-EA EMPLOYEE S If yyes describe under DESG�RiPTiONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT S A Professional Liab. AEH288257904 06/15/2018 06/1512019 Per Claim/Aggregate 2,00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101,Additional Remarks Schedule,may be attached N more space Is required) ECS Job Number;06.23207,06,23207-A,06.23206,06.23206-A ECS Jab Description:Environment and Agriculture Center—Hillsborough,NC Proposed Library Site—Carrboro,NC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box alai Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:34CC7277-FDAE-4FDE-B006-5BD22283431D ECSCAR01 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/02/2019 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 Meg S. Lee,CIC Andersen Insurance Group PHONE FAX 14026 Thunderbolt Place (A/C Lo,Ext: A/c,No ADDRESS: meg@theandersengrp.com Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# Chantilly,VA 20151 INSURER A Cincinnati Insurance Company 10677 INSURED INSURER B:Federal Insurance Company 20281 ECS Southeast, LLP INSURER C Property/Casualty Ins.Co.of Hartford 30147 14026 Thunderbolt Place, Suite 500 INSURER D ACE American Insurance Company 22667 Chantilly,VA 20151 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 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY X X ENP0219991 12/01/2018 12/01/2019 EACH OCCURRENCE $1 OOOOOO X COMMERCIAL GENERAL LIABILITY PREMISES ERENTED ccr nce $500,000 CLAIMS-MADE 4 OCCUR MED EXP(Any one person) $10,000 X Contractual Liab PERSONAL&ADV INJURY $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 $ JECT A AUTOMOBILE LIABILITY X X CPA1097785 12/01/2018 12/01/201 COEaMBINED ccidentS INGLE LIMIT $1, ,OOO OOO a X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident B X UMBRELLA LIAB X OCCUR X X 79891344 12/01/2018 12/01/2019 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED X RETENTION$0 $ C WORKERS COMPENSATION X 42WNS49520 12/01/2018 12/01/2019 X WCSTATU- OTH- AND EMPLOYERS'LIABILITYs ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N All States Endt E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N 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 A Excess Liability X X EXS0220000 12/01/2018 12/01/2019 $10,000,000 Limit D Pollution Liab X X CPMG28192289 12/01/2018 12/01/2019 $7,000,000 Inc/Aggr $50,000 Retention DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: All Projects Certificate Holder is included as an Additional Insured on all policies except Worker's Compensation.A waiver of subrogation is granted in favor of the Certificate Holder where required by written contract. CERTIFICATE HOLDER CANCELLATION Orange Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S323347/M314749 M E F