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HomeMy WebLinkAbout2020-792-E AMS-ECS Southeast LLP Efland geotechnical services DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B [Departmental Use Only] TITLE Efland Soil FY 2020-2021 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 8th day of December, 2020, ("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): Efland Emergency Services Station and Morgue Geotechnical Engineering Services. 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 07/20 1 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B quality, accuracy and timely completion and 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 or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the Basic Services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. Revised 07/20 2 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Geotechnical Exploration, Seasonal High Water Table Determination, and Design Development Geotechnical Services per proposal ECS Proposal Number 06:22345 dated November 15, 2020 4. Duration of Services a. Term. The term of this Agreement shall be from December 8, 2020 to April 30, 2021. 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 December 8, 2020. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Nine Thousand Seven Hundred Dollars ($9,700.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty(30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Revised 07/20 3 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven(7) days'prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall Revised 07/20 4 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 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. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state Revised 07/20 5 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B 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 hllp://www.orangecountync.gov/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 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 or mandated functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement Revised 07/20 6 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B 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 11A 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 07/20 7 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B 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: 0 Slg,"by: �D=1519"d by: By. Ef 6'WA,i�A-WKIIV4" 12/14/2020 By.. 12/8/2020 3ESIi828B5ZF6Qli.. Bonnie Hammersley, County Manager Matthew Olsen, Office Manager Printed Name and Title Revised 07/20 8 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: ECS Southeast, LLP Party/Vendor Contact Person: Rachel Zelinsky (rzelinsky(a,ecslimited.com) Contact Phone: 919.861.9910 Party/Vendor Address: 9001 Glenwood Ave. City Raleigh State: NC Zip: 27617 Department: AMS Amount: $9,700.00 Purpose: Efland Emergency Services Station Geotechnical Services Budget Code(s): 61370035-870000-10053 Vendor # 56914 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date 12/8/2020 Approved by Board Yes❑No® Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: D Sib—by:Department Director's Signature Date:12/8/2020 Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: QliDocu5lgneU(Nuxf sa o by: Office of the Risk Management Office Date: 12/8/2020 ]FI.LF81 iSlRgdf .. Financial Services DS This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control p� Act: D Sieneaby:Office of the Chief Financial Officer �"" "` Date: 12/14/2020 1QdE5ISIACC _. Legal Services This agreement is approved as to legal form and sufficiency: D SIS E by: Office of the County AttorneyF;StfL auyiw Date: 12/14/2020 aL>FscoDFveclrD... Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 9 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B Revised 07/20 10 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B kF. oar"a 1 1 ECS Southeast,, LLP Proposal for Geotechnical Engineering Services Orange County EMS and Morgue 3800 US 70 W Efland, North Carolina ECS Proposal Number 06:22345 November 15, 2020 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 NC Registered Geologists Firm C-553 SC Registered Engineering Firm 3239 November 15, 2020 Mr. Gregory Scott Stewart Cooper Newell Architects 719 E Second Avenue Gastonia, NC 28054 ECS Proposal No.06:22345 Reference: Proposal for Geotechnical Engineering Services Orange County EMS and Morgue 3800 US 70 W Efland, North Carolina Dear Mr. Scott: As requested, ECS Southeast, LLP (ECS) is pleased to present the following proposal for providing geotechnical engineering services for the proposed EMS and morgue in Efland, North Carolina. PROJECT DESCRIPTION This proposal is based on the following sources of information: • Emails between Mr. Gregory Scott with Stewart Cooper Newell Architects and Mr. Thomas Schipporeit with ECS between November 12, 2020 and November 13, 2020. • Request for Proposal (RFP) for geotechnical services prepared by Stewart Cooper Newell Architects dated November 12, 2020. • Topographic Survey prepared by Riley Surveying, P.A. provided on November 13, 2020. • Site Layout Plan with proposed boring locations prepared by Grounded Engineering dated September 9, 2020. • Google Earth aerial photo dated February 4, 2019. • Site and topographic information obtained from the Orange County GIS website. ECS understands the subject site is located at 3800 US 70 W in Efland, North Carolina. We understand the property is currently developed with buildings, a paved driveway, and a gravel parking lot. The existing ground surface slopes downward from north to south,with elevations between 660 and 645 feet. The project involves construction of a new building,pavements,and a stormwater control measure(SCM). We assume that the proposed building will be a one-story steel-framed structure with masonry walls and a slab-on-grade ground floor. Design foundation loads have not been provided to us. We assume the maximum unfactored foundation loads will be: 9001 Glenwood Avenue, Raleigh, NC 27617-7505 • T: 919-861-9910 • F: 919-861-9911 • www.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:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP • Maximum Column Load = 100 kips • Maximum Wall Loads= 2 kips per foot • Maximum Ground Floor Slab Load = 150 pounds per square foot(psf) The structural engineer should verifythese assumptions and notify ECS if the actual unfactored foundation design loads exceed or are significantly less than these assumed values. Design grades have not been provided to us. Based on existing site grades and our experience with similar projects, we assume that fill depths will be less than 5 feet and cut depths will be less than 5 feet for general site grading. Cuts of up to 5 feet are anticipated for the proposed stormwater control measure. Design traffic loading information for the pavements has not been provided to us. Based on our experience with similar projects,we assume that the proposed private pavements will be subjected to the average daily traffic, as given in the following table.This table also provides our estimates for 20-year 18- kip Equivalent Single Axle Loads (ESALS)for the assumed vehicle types and average daily traffic. Assumed Average Daily Traffic Loading Days Per Light Duty Pavement Heavy Duty Vehicle Week Pavement Passenger Cars 7 100 200 Pickups,Vans,SUVs 7 100 200 Dual Axle Trucks(NCDOT) 7 2 4 Garbage& Recycling Trucks 1 2 4 HS20,80,000-lb, 18-wheel Tractor-Trailer Truck with 7 0 2 tandem axles 20-year ESALS 11,000 56,000 The civil engineer, developer, owner, and/or user should verify these assumptions and notify ECS if the actual pavement design traffic loading conditions exceed or are significantly less than these assumed values. If the project will include any public pavements (NCDOT or local municipality), we need the projected average daily traffic, % dual axle trucks, and % tractor trailer trucks in order to provide recommended pavement sections for the public pavements. PROPOSED SCOPE OF SERVICES Based on the project information provided to and obtained by us, in addition to our experience with numerous similar types of projects and nearby sites, we propose the following scope of geotechnical engineering services for this project: Task 1—Geotechnical Exploration Field Exploration a. Field locate borings by using a hand-held GPS unit or cell phone,referencing existing site features, and using available drawings. b. Clear paths through wooded areas using hand equipment to provide drill rig access to the boring locations. C. Mobilize a drill rig and crew to the site. d. Perform soil test borings at the approximate locations shown in Figure 1: a ECS Proposal No:06:22345 Page 1 3 Eg_ DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November tLb 5outneast, LLP -- - t� i .t.. ----------- # �_i--._.-i--�4 ---------- TO _ t I o `, •�6 x f # V 1 4 I 4 • i 1 ! :irk r_ 0 Figure 1—Proposed Boring Locations e. The soil test borings will be drilled to the proposed depths given in Table 1 or to refusal,whichever occurs first: a ECS Proposal No:06:22345 Page 14 0' DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP Table 1 Proposed Borings Proposed Boring No. Proposed Structure/Site goring Depth Feature (feet) B-1 Building 20 B-2 Building 15 B-3 Building 50 B-4 Building 20 B-5 Building 15 B-6 Pavement 5 B-7 Pavement 10 B-8 Pavement 5 B-9 Pavement 5 B-10 Pavement 5 Total Drilling Footage= 150 f. Perform Standard Penetration Test(SPT)tests at standard intervals within the soil test borings for engineering analysis. g. Obtain 2 bulk samples of auger cuttings from select borings for laboratory testing. h. Measure depth of groundwater within each borehole at time of drilling and prior to backfilling. Laboratory Testing Upon completion of drilling operations, the samples will be returned to our laboratory in Raleigh, North Carolina for further identification and testing, including: a. Visual-manual classification in accordance with the Unified Soil Classification System b. 3 natural moisture tests C. 3 percent-passing No. 200 sieve tests d. 3 Atterberg Limit tests e. 1 standard Proctor compaction test f. 1 California Bearing Ratio (CBR)test Report Upon completion of testing and engineering analysis, we will prepare a geotechnical engineering report that presents our findings and recommendations. The geotechnical engineering report will include the following items: a. A site location diagram and a boring location diagram. b. Boring logs prepared in accordance with the standard practice for geotechnical engineering. Ground surface elevations shown on the boring logs will be approximated by interpolating from civil drawings or published topographical maps. C. Laboratory test results. d. Observations from our site reconnaissance including current site conditions, surface drainage features, and surface topographic conditions. e. A review of the published geologic conditions and their relevance to the planned development. f. A subsurface characterization based on the field exploration and laboratory tests performed. a ECS Proposal No:06:22345 Pagel 5 Eg_ DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP g. Recommended allowable soil bearing pressure(s) for conventional shallow foundations (spread footings) and estimates of predicted foundation settlement. We will provide recommendations for suitable intermediate foundations/ground improvement options in the event estimated settlements of shallow foundations are not tolerable. h. Recommendations for slab-on-grade design and construction, including recommendations for subgrade materials and design modulus of subgrade reaction. i. Recommendations for seismic site classification in accordance with the 2018 North Carolina Building Code. j. Recommendations for design and construction of the pavements, including a recommended California Bearing Ratio(CBR) design value. We will also include recommended pavement section thicknesses based on assumed 18-kip Equivalent Single Axle Loads(ESALs). k. Recommendations for subgrade preparation and earthwork, including excavation considerations, structural fill material, structural fill placement, and other applicable special considerations (e.g., existing fill, potentially expansive soil, and deep fill sections). I. Recommendations for additional testing and/or consultation that might be required to complete the geotechnical assessment and related engineering for this project. Utility Clearance We will contact North Carolina One Call to locate underground utilities at the site; however, our experience indicates that North Carolina One Call will not locate utilities beyond the point of distribution (meters or gauge points) on private property. We will coordinate our boring locations in order to avoid any underground utilities indicated by the North Carolina One Call locating system. Due to the developed nature of the site and to facilitate safety, a private utility locating service is proposed for this project. Our lump sum fee includes the cost for ECS to retain a private locator service to locate utilities beyond the meters and public utilities at the site. ECS will also coordinate with the Owner, utility companies, and municipalities concerning the location of underground utilities within the planned work areas. Contracting a private utility locator service is not a guarantee that all utilities within a work site will be identified,but a service that is offered to lower the risk of the owner/client. ECS and our clients have had past success in avoiding utility conflicts by augmenting the North Carolina One Call services with a private utility locator service. Private utility locator services can identify utility alignments that incorporate significant iron content in the conduit materials. However, private utilities possessing the higher likelihood of not being easily identifiable, beyond the point of distribution, include all utilities not containing significant ferrous (iron) content (examples would include but not be limited to most sanitary sewer alignments, copper or PVC water lines,fiber optic lines without tracer ribbons,copper electric lines with no surface exposure, drainage tiles/pipes, and irrigation lines). Where a private locator service identifies a potential risk that is not traceable through conventional methods, ECS will notify the client immediately and work to resolve the issue. Additional costs related to the resolution of these potential utility conflicts will be invoiced out per our unit rates,as identified in this proposal, or as negotiated and approved at the time of the occurrence. Site Restoration Upon completion of subsurface exploration drilling, we will backfill each of the boreholes with the drill cuttings and mound the excess spoil back up over each boring location. In pavement areas, we will drill through the existing asphalt with hollow stem augers or wash rotary drilling bits, which could lead to minor heaving of the asphalt adjacent to the boreholes. After backfilling a ECS Proposal No:06:22345 Page 16 0 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP the boreholes,we will patch the asphalt surface with a cold mix asphalt patch of an equivalent or greater thickness of asphalt. However, any minor heaving will not be repaired and the cold patches will be obvious. Since clearing of site vegetation is required to access the proposed boring locations, please note that minimum 10-foot wide cleared paths will result. We will attempt to minimize disturbance to the wooded site, and we will avoid cutting trees more than 4 inches in diameter as much as practical. Our proposed fee does not include any restoration of cleared areas or moving/chipping of felled trees along the edges of cleared paths. If there are any areas where clearing is not to be performed (such as in Resource Protection Areas (RPA), tree protection areas, or other areas), those areas must be clearly marked on plans provided to us and should be delineated in the field with flagging prior to our mobilization to the site. ECS cannot be responsible for disturbance of sensitive or restricted areas not identified in this manner. Task 2—Seasonal High Water Table (SHWT) Determination As requested in the RFP, ECS can perform a determination of the seasonal high water table (SHWT) in the proposed stormwater control measure area. An ECS soil scientist will advance a hand auger boring at the location indicated as SHWT-1 in Figure 1 to evaluate the soil properties and to determine the depth of the seasonal high water table. The soil properties and characteristics will be observed and recorded in field notes. They include texture, depth, the presence of restrictive horizons, depth to seasonal high water table, coarse fragments, etc. Infiltration testing will be also performed using a constant head permeameter. The assessment will be conducted in accordance with current soil science practices, current technology, and the North Carolina Division of Environmental Quality Stormwater Design Manual (April 2017). The results of the seasonal high water table evaluation and infiltration testing will be provided in a separate report. Task 3—Geotechnical Design Development Services Our experience has shown that increased communication between the geotechnical engineer and project design team during plan and specification development can lead to significant reductions in change orders during construction. ECS encourages that our involvement in this project continue during its plan development stage. As requested in the RFP, services ECS can provide during plan development include the following: • Review of plans and specifications with regard to geotechnical considerations • Estimating allowances for geotechnical related items in conjunction with the site civil engineer • Attendance of the pre-bid and pre-construction meetings to communicate the conclusions and recommendations described in our report • Evaluation of value engineering proposals FEE ECS will provide the proposed scope of services outlined in this proposal for the following fees: a ECS Proposal No:06:22345 Page 17 0' DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP Task No. Task Description Proposed Fee Fee Type 1 Geotechnical Exploration $6,500 Lump Sum 2 Seasonal High Water Table Determination $1,700 Lump Sum 3 Design Development Geotechnical Services $1,500 Lump Sum Our fee assumes that the proposed site is reasonably accessible based upon our assumptions detailed in this proposal. If any additional services are requested or required based on differing site conditions, we will contact your office (or assigned representative) for verbal and written authorization for additional services. Any additional services will be performed on a unit rate basis in accordance with the attached fee schedule. If requested, ECS can provide a reliance letter for our reports for an additional fee of$250.00 per entity per report. SCHEDULE Task 1—Geotechnical Exploration In preparing this proposal,we have assumed that the client will assist in the coordination of our access to the site with the current site owners/occupants. We anticipate being able to mobilize clearing and drilling equipment to the site within approximately 2 weeks after authorization to proceed, provided the appropriate on-site personnel have been informed and we have confirmation from NC811 that underground utilities have been marked. We anticipate that the clearing and drilling operations will require about 4 days, and that the laboratory testing, after drilling is completed, will require about 2 weeks. Analysis and report preparation will require approximately 1 week. Therefore, for time budget purposes, the entire scope should take about 4 weeks from initial authorization through final report submission. Preliminary findings and recommendations can be provided within three days of completion of the borings, if requested. Other Tasks The other proposed tasks, if authorized, will be performed concurrently with the Task 1 Geotechnical Exploration and will be completed before or at the same time as the Task 1 geotechnical report. EXCLUDED GEOTECHNICAL SERVICES Without attempting to provide a complete list of all or potential geotechnical services performed by ECS that will be excluded from this proposal, the following are specifically excluded. ECS can perform these services; however,the proposed fees do not cover any of these services. We would be pleased to provide you with a separate proposal for additional geotechnical services if these services are determined to be beneficial to the project. a ECS Proposal No:06:22345 Page 1 8 Eg_ DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP • Obtaining landowner permission for equipment access or clearing, if necessary. • Arranging access to public or private property, such as secured fenced property. • Survey measurements of the coordinates and ground surface elevation at the as-drilled boring locations using an instrument (e.g., automatic level or survey grade GPS unit) accurate to the nearest tenth of a foot. • Infiltration rate testing. • Pressuremeter testing. • Shear wave velocity measurements for seismic site class determination (ReMi). • Seismic refraction testing. • Coring and testing of rock. • Geotechnical exploration and recommendations for site retaining walls. • Global stability analysis of site retaining walls. • Design of site retaining walls. • Geotechnical exploration and recommendations for off-site and/or public (NCDOT, local municipality) streets, roads, or roadway improvements. • Test pits, which can be performed to evaluate the characteristics of existing fill and the excavatability of residual soils and shallow weathered rock. CLOSING If other items are required because of unexpected field conditions or because of a request for additional services, they would be invoiced in accordance with our current Fee Schedule. Before modifying or expanding the extent of our exploration program, you would be informed of our intentions for both your review and authorization. Our "Terms and Conditions of Service," which are included as an attachment to this letter, is an integral part of our proposal. These conditions represent the current recommendations of the Geoprofessional Business Association, the Consulting Engineers' Council, and the Geo-Institute of the American Society of Civil Engineers. Our insurance carrier requires that we receive written authorization prior to initiation of work, and a signed contract prior to the release of any work product. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the Proposal Acceptance Sheet to us. We are pleased to have this opportunity to offer our services and look forward to working with you on the project. This proposal is valid for a period of sixty(60) days; beyond that date it may be necessary to revise our schedule or fee. Respectfully submitted, ECS Southeast, LLP DocuSigned by: DocuSigned by: E E 77DO4EF 7B33BC479 Rachel E.Zelinsky Thomas M.Schipporeit, P.E., D.GE Geotechnical Staff Project Manager Vice President, Principal Engineer rzelinsky@ecslimited.com tschipporeit@ecslimited.com a ECS Proposal No:06:22345 Page 19 Eg_ 0 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP Enclosures: Fee Schedule Proposal Acceptance Sheet Terms and Conditions of Service ECS Proposal No:06:22345 Page 1 10 E&- DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP ECS SOUTHEAST,LLP GEOTECHNICAL FEE SCHEDULE Personnel Administrative Support or Drafting.....................................................................................................................$55.00/hour Geotechnical Technician......................................................................................................................................$70.00/hour Staff Professional,Staff Project Manager(El).....................................................................................................$110.00/hour Project Engineer,Project Geologist, Project Manager(PE, PG)..........................................................................$125.00/hour Senior Engineer,Senior Geologist.......................................................................................................................$175.00/hour Principal Engineer, Principal Geologist................................................................................................................$200.00/hour SeniorPrincipal Engineer.....................................................................................................................................$225.00/hour Transportation via company or private vehicle...................................................................................................$ 0.65/mile Equipment and Laboratory Testing Coremachine.........................................................................................................................................................$300.00/day Geophysical Testing Equipment(Seismic Refraction,ReMi)................................................................................$500.00/day Natural Moisture Content.....................................................................................................................................$ 8.00 each Percent Fine than#200 Sieve................................................................................................................................$55.00 each Mechanical Sieve Analysis.....................................................................................................................................$90.00 each HydrometerAnalysis.............................................................................................................................................$175.00 each AtterbergLimits.....................................................................................................................................................$70.00 each OrganicContent.....................................................................................................................................................$45.00 each ExpansionIndex.....................................................................................................................................................$350.00 each One Dimensional Consolidation,undisturbed sample..........................................................................................$400.00 each One Dimensional Swell/Collapse(ASTM D4546,Method C)................................................................................$450.00 each One Dimensional Swell/Collapse(ASTM D4546,Method A,4 specimens)..........................................................$800.00 each One Dimensional Swell/Collapse(ASTM D4546,Method A,5 specimens)..........................................................$950.00 each Standard Proctor(ASTM D-698)............................................................................................................................$150.00 each Modified Proctor(ASTM D-1557)4 inch mold......................................................................................................$175.00 each California Bearing Ratio, 1 point............................................................................................................................$150.00 each Triaxial Shear,Consolidated,Undrained,with Pore Pressures, undisturbed sample..........................................$800.00 each Triaxial Shear,Consolidated,Undrained,with Pore Pressures, remolded sample..............................................$950.00 each Direct Shear,3 normal stresses,remolded sample...............................................................................................$500.00 each Constant Head Permeability(ASTM D5084),undisturbed sample.......................................................................$300.00 each Constant Head Permeability(ASTM D5084),remolded sample...........................................................................$400.00 each pHTest .................................................................................................................................................................$40.00 each Soil Electrical Resistivity.........................................................................................................................................$80.00 each Percent Lime by pH Plateau,(ASTM D6276).........................................................................................................$450.00 each Unconfined Compression Strength of Rock Core..................................................................................................$250.00 each Modulus of Elasticity of Rock Core........................................................................................................................$150.00 each Subcontract Services PrivateUtility Locating...........................................................................................................................................Cost+15% Clearingwith Hydro-Axe.......................................................................................................................................Cost+15% SoilTest Boring Drilling..........................................................................................................................................Cost+15% Cone Penetration Test(CPT Soundings.................................................................................................................Cost+15% Text Pit Excavator and Operator...........................................................................................................................Cost+15% Laboratory Testing(Other than In-House tests)...................................................................................................Cost+15% 0 ECS Proposal No:06:22345 Page 1 11 Eg- 0 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B November ECS Southeast, LLP PROPOSAL ACCEPTANCE FORM ECS SOUTHEAST, LLP Proposal No.: 06:22345 Scope of Work: Geotechnical Engineering Services Project: Orange County EMS and Morgue Client Signature: Date: Task 1-Geotechnical Exploration ($6,500) ❑ Yes ❑ No Task 2—SHWT Determination ($1,700) ❑ Yes ❑ No Task 3—Design Development Geotechnical Services($1,500) ❑ Yes ❑ No Please complete this page and return one copy of this proposal to ECS to indicate acceptance of this proposal, including individual tasks if listed,and to initiate work on the above-referenced project. The Client's signature above also indicates that he/she has read or has had the opportunity to read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and Conditions of Service. BILLING INFORMATION (Please Print or Type) Name of Client: Name of Contact Person: Telephone No. of Contact Person: Party Responsible for Payment: Company Name: Person/Title Department: Billing Address: Telephone Number: Fax Number: Client Project/Account Number: Special Conditions for Invoice: Submittal and Approval: ECS offers a full array of services to assist you with all phases of your project,including but not limited to: ❑ Phase 1,11 and III Environmental Site ❑ Third Party Mechanical,Electrical,Plumbing ❑ Building Envelope,Roofing,and Assessments Inspections Services Waterproofing Inspection and Consultation ❑Archaeological Assessments ❑ Geotechnical Engineering Services ❑ Pre-and Post-Construction Condition ❑ Wetlands Delineations ❑ Construction Materials Testing Assessments ❑Asbestos/Lead Paint Services ❑ Septic/Drainfield Design Services ❑ Specialty Materials and Forensics Testing ❑ Indoor Air Quality Mold Services ❑ LEED®Consulting Services Please indicate any of the services you are interested in and a member of the ECS team will contact you to discuss how we can be of service to your project. 0 ECS Proposal No:06:22345 Page 1 12 0 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B Proposal No.22345 (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 twill 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 and ECS arising from(i)procedures associated with the exploration,sampling or testing time schedule defined in the Proposal are based on information provided by CLIENT and/or activities at the Site,(ii)discovery of Hazardous Materials or suspected Hazardous CLIENT'S,agents,contractors and consultants("Contractors"). CLIENT acknowledges that Materials, or (iii) ECS' findings, conclusions, opinions, recommendations, plans, if this information is not current,is incomplete or inaccurate,if conditions are discovered that and/or specifications related to discovery of contamination. 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,ECS services(the"Underground Utility Information")in its effort to identify underground shall be expected to comply with and its performance evaluated in light of the utilities.The extent of such evaluations shall be at ECS'sole discretion. standard of care expected of professionals in the industry performing similar 8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained services on projects of like size and complexity at that time in the region(the by ECS may contain errors or be incomplete.CLIENT understands that ECS may be "Standard of Care").Nothing contained in the Proposal,the agreed-upon scope unable to identify the locations of all subsurface utility lines and man-made features. of Services,these Terms or any ECS report,opinion,plan or other document prepared by ECS shall constitute a warranty or guarantee of any nature 8.3 CLIENT waives, releases, and discharges ECS from and against any claim for whatsoever. damage,injury or loss allegedly arising from or related to subterranean structures 3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data (pipes,tanks,cables,or other utilities,etc.)which are not called to ECS'attention in Services as well as those facts provided by the writing by CLIENT,not correctly shown on the Underground Utility Information and/or gathered during performance a CLIENT and/or CLIENT'S contractors and consultants. CLIENT acknowledges that not properly marked or located by the utility owners, governmental or quasi' such data collection is limited to specific areas that are sampled, bored, tested, governmental locators,t private utility locating services as n result a ECS'or ECS' observed and/or evaluated. Consequently,CLIENT waives any and all claims based Su industry standards. request for utility marking services made in accordance with local upon erroneous facts provided by the CLIENT, facts subsequently learned or ndustry standards. regarding conditions in areas not specifically sampled, bored,tested,observed or 9.0 SAMPLES evaluated by ECS. 9.1 Soil,rock,water,building materials and/or other samples and sampling by-products 3.3 If a situation arises that causes ECS to believe compliance with CLIENT'S directives obtained from the Site are and remain the property of CLIENT. Unless other would be contrary to sound engineering practices,would violate applicable laws, arrangements are requested by CLIENT and mutually agreed upon by ECS in writing, regulations or codes,or will expose ECS to legal claims or charges,ECS shall so ECS will retain samples not consumed in laboratory testing for up to sixty (60) advise CLIENT. If ECS'professional judgment is rejected,ECS shall have the right calendar days after the first issuance of any document containing data obtained from to terminate its Services in accordance with the provisions of Section 25.0,below. such samples. Samples consumed by laboratory testing procedures will not be 3.4 If CLIENT decides to disregard ECS'recommendations with respect to complying stored. with applicable laws or regulations,ECS shall determine if applicable law requires 9.2 Unless CLIENT directs otherwise, and excluding those issues covered in Section ECS to notify the appropriate public officials. CLIENT agrees that such 10.0,CLIENT authorizes ECS to dispose of CLIENT'S non-hazardous samples and determinations are ECS'sole right to make. sampling or testing by-products in accordance with applicable laws and regulations. 4.0 CLIENT DISCLOSURES 10.0 ENVIRONMENTAL RISKS 4.1 Where the Services requires ECS to penetrate a surface,CLIENT shall furnish and/or 10.1 When Hazardous Materials are known,assumed,suspected to exist,or discovered shall direct CLIENT'S or CLIENT'S Contractors to furnish ECS information identifying at the Site,ECS will endeavor to protect its employees and address public health, the type and location of utility lines and other man-made objects known,suspected, safety,and environmental issues in accordance with the Standard of Care. CLIENT or assumed to be located beneath or behind the Site's surface. ECS shall be entitled agrees to compensate ECS for such efforts. to rely on such information for completeness and accuracy without further 10.2 When Hazardous Materials are known,assumed,or suspected to exist,or discovered investigation,analysis,or evaluation. at the Site,ECS and/or ECS'subcontractors will exercise the Standard of Care in 4.2 "Hazardous Materials"shall include but not be limited to any substance that poses or containerizing and labeling such Hazardous Materials in accordance with applicable may pose a present or potential hazard to human health or the environment whether laws and regulations,and will leave the containers on Site. CLIENT is responsible contained in a product,material,by-product,waste,or sample,and whether it exists for the retrieval,removal,transport and disposal of such contaminated samples,and in a solid,liquid,semi-solid or gaseous form.CLIENT shall notify ECS of any known, sampling process byproducts in accordance with applicable law and regulation. assumed, or suspected regulated, contaminated, or other similar Hazardous 10.3 Unless explicitly stated in the Scope of Services,ECS will neither subcontract for nor Materials that may exist at the Site prior to ECS mobilizing to the Site. arrange for the transport,disposal,ortreatment of Hazardous Materials.At CLIENT'S 4.3 If any Hazardous Materials are discovered,or are reasonably suspected by ECS after written request, ECS may assist CLIENT in identifying appropriate alternatives for its Services begin,ECS shall be entitled to amend the scope of Services and adjust transport,off-site treatment,storage,or disposal of such substances, but CLIENT its fees or fee schedule to reflect any additional work or personal protective equipment shall be solely responsible for the final selection of methods and firms to provide such and/or safety precautions required by the existence of such Hazardous Materials. services. CLIENT shall sign all manifests for the disposal of substances affected by 5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and contaminants and shall otherwise exercise prudence in arranging for lawful disposal. discharges ECS from and against any claim for damage,injury or loss allegedly arising out 10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in of or in connection with errors,omissions,or inaccuracies in documents and other information the disposal of Hazardous Materials,samples,orwastes as part of the Proposal,ECS in any form provided to ECS by CLIENT or CLIENT's Contractors,including such information shall do so only as CLIENT'S agent(notwithstanding any other provision of this that becomes incorporated into ECS documents. Agreement to the contrary). ECS will not assume the role of,nor be considered a generator,storer,transporter,or disposer of Hazardous Materials. 6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in 10.5 Subsurface sampling may result in unavoidable cross-contamination of certain sampling,testing and/or evaluating concealed conditions that are hidden from view and/or subsurface areas,as when a probe or excavation/boring device moves through a neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions contaminated zone and links it to an aquifer, underground stream, pervious soil behind a wall,beneath a floor,or above a ceiling.Such circumstances require that certain stratum, or other hydrous body not previously contaminated, or connects an assumptions be made regarding existing conditions, which may not be verifiable without uncontaminated zone with a contaminated zone. Because sampling is an essential expending additional sums of money or destroying otherwise adequate or serviceable element of the Services indicated herein, CLIENT agrees this risk cannot be portions of a building or component thereof.Accordingly,ECS shall not be responsible for the eliminated. Provided such services were performed in accordance with the Standard verification of such conditions unless verification can be made by simple visual observation. of Care,CLIENT waives,releases and discharges ECS from and against any claim CLIENT agrees to bear any and all costs,losses,damages and expenses(including,but not for damage, injury, or loss allegedly arising from or related to such cross- limited to,the cost of ECS'additional services)in any way arising from or in connection with contamination. the existence or discovery of such concealed or unknown conditions. 10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is 7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES conducted solely to permit ECS to render a professional opinion about the likelihood 7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the site of the site having a Recognized Environmental Condition on,in,beneath,or near the for the performance t Services. CLIENT hereby grants ECS and its agents, Site at the time the Services are conducted. No matter how thorough a Phase I ESA study may be,findings derived from its conduct are highly limited and ECS cannot subcontractors and/or subconsultants("Subconsultants"),the right to enter from time to time onto the property in order for ECS to perform its Services. CLIENT agrees to know state for an absolute fact that the Site is unaffected or adversely affected by indemnify and hold ECS and its Subconsultants harmless from any claims arising one orr more Recognized Environmental Conditions. CLIENT represents and warrants that it understands the limitations associated with Phase I ESAs. from allegations that ECS trespassed or lacked authority to access the Site. ECS Proposal No:22345 Page 1 of 3 Ver.06/14/13 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B 11.0 OWNERSHIP OF DOCUMENTS 15.2 CLIENT agrees that all professional fees and other unit rates may be adjusted 11.1 ECS shall be deemed the author and owner(or licensee)of all documents,technical annually to account for inflation based on the most recent 12-month average of the reports, letters, photos, boring logs, field data, field notes, laboratory test data, Consumer Price Index(CPI-U)for all items as established by www.bls.gov when the calculations, designs, plans, specifications, reports, or similar documents and CPI-U exceeds an annual rate of 2.0%. estimates of any kind furnished by it[the"Documents of Service"]and shall retain all 15.3 Should ECS identify a Changed Condition(s), ECS shall notify the CLIENT of the common law,statutory and other reserved rights,including copyrights. CLIENT shall Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate have a limited, non-exclusive license to use copies of the Documents of Service an amendment to the scope of Services,professional fees,and time schedule. provided to it in connection with its Project for which the Documents of Service are 15.4 CLIENT recognizes that time is of the essence with respect to payment of ECS' provided until the completion of the Project. invoices,and that timely payment is a material consideration for this Agreement. All 11.2 ECS' Services are performed and Documents of Service are provided for the payment shall be in U.S.funds drawn upon U.S.banks and in accordance with the CLIENT'S sole use. CLIENT understands and agrees that any use of the Documents rates and charges set forth in the professional Fees. Invoices are due and payable of Service by anyone other than the CLIENT and its Contractors is not permitted. upon receipt. CLIENT further agrees to indemnify and hold ECS harmless for any errors,omissions 15.5 If CLIENT disputes all or part of an invoice,CLIENT shall provide ECS with written or damage resulting from its contractors'use of ECS'Documents of Service. notice stating in detail the facts of the dispute within fifteen(15)calendar days of the 11.3 Without ECS'prior written consent,CLIENT agrees to not use ECS'Documents of invoice date. CLIENT agrees to pay the undisputed amount of such invoice promptly. Service for the Project if the Project is subsequently modified in scope,structure or 15.6 ECS reserves the right to charge CLIENT an additional charge of one-and-one-half purpose. Any reuse without ECS'written consent shall be at CLIENT'S sole risk and (1.5)percent(or the maximum percentage allowed by Law,whichever is lower)of the without liability to ECS or its Suboonsultants. CLIENT agrees to indemnify and hold invoiced amount per month for any payment received by ECS more than thirty(30) ECS harmless for any errors,omissions or Damage resulting from its use of ECS' calendar days from the date of the invoice, excepting any portion of the invoiced Documents of Service after any modification in scope,structure or purpose. amount in dispute. All payments will be applied to accrued interest first and then to 11.4 CLIENT agrees to not make any modification to the Documents of Service without the unpaid principal amount. Payment of invoices shall not be subject to unilateral the prior written authorization of ECS.To the fullest extent permitted by law,CLIENT discounting or set-offs by CLIENT. agrees to indemnify,defend,and hold ECS harmless from any damage,loss,claim, 15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon liability or cost(including reasonable attorneys'fees and defense costs)arising out of CLIENT'S ability to obtain financing,zoning,approval of governmental or regulatory or in connection with any unauthorized modification of the Documents of Service by agencies,permits,final adjudication of a lawsuit,CLIENT'S successful completion of CLIENT or any person or entity that acquires or obtains the Documents of Service the Project,settlement of a real estate transaction,receipt of payment from CLIENT's from or through CLIENT. CLIENT represents and warrants that the Documents of client,or any other event unrelated to ECS provision of Services. Retainage shall not Service shall be used only as submitted by ECS. be withheld from any payment,nor shall any deduction be made from any invoice on 12.0 SAFETY account of penalty, liquidated damages, or other sums incurred by CLIENT. It is agreed that all costs and legal fees including actual attorney's fees,and expenses 12.1 Unless expressly agreed to in writing in its Proposal,CLIENT agrees that ECS shall incurred by ECS in obtaining payment under this Agreement, in perfecting or have no responsibility whatsoever for any aspect of site safety other than for its own obtaining a lien,recovery under a bond,collecting any delinquent amounts due,or employees. Nothing herein shall be construed to relieve CLIENT and/or its executing judgments,shall be reimbursed by CLIENT. Contractors from their responsibility for site safety. CLIENT also represents and 15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of these warrants that the General Contractor is solely responsible for Project site safety and Terms,payment of any invoice by the CLIENT shall mean that the CLIENT is satisfied that ECS personnel may rely on the safety measures provided by the General with ECS'Services and is not aware of any defects in those Services. Contractor. 12.2 In the event ECS assumes in writing limited responsibility for specified safety issues, 16.0 DEFECTS IN SERVICE the acceptance of such responsibilities does not and shall not be deemed an 16.1 CLIENT and CLIENT's Contractors shall promptly inform ECS during active work on acceptance of responsibility for any other non-specified safety issues,including,but any project of any actual or suspected defects in the Services so to permit ECS to not limited to those relating to excavating,fall protection,shoring,drilling,backfilling, take such prompt,effective remedial measures that in ECS'opinion will reduce or blasting,or other construction activities. eliminate the consequences of any such defective Services. The correction of defects 13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES attributable to ECS'failure to perform in accordance with the Standard of Care shall be provided at no cost to CLIENT. However,ECS shall not be responsible for the 13.1 CLIENT understands that construction testing and observation services are provided correction of any deficiency attributable to client-furnished information, the errors, in an effort to reduce,but cannot eliminate,the risk of problems arising during or after omissions, defective materials, or improper installation of materials by CLIENT's construction or remediation. CLIENT agrees that the provision of such Services does personnel,consultants or contractors,or work not observed by ECS.CLIENT shall not create a warranty or guarantee of any type. compensate ECS for the costs of correcting such defects. 13.2 Monitoring and/or testing services provided by ECS shall not in any way relieve the 16.2 Modifications to reports,documents and plans required as a result of jurisdictional CLIENT'S contractor(s)from their responsibilities and obligations for the quality or reviews or CLIENT requests shall not be considered to be defects. CLIENT shall completeness of construction as well as their obligation to comply with applicable compensate ECS for the provision of such Services. laws,codes,and regulations. 13.3 ECS has no responsibility whatsoever for the means, methods, techniques, 17.0 INSURANCE-_ECS represents that it and its subcontractors and subconsultants sequencing or procedures of construction selected, for safety precautions and maintain workers compensation insurance,and that ECS is covered by general liability, programs incidental to work or services provided by any contractor or other automobile and professional liability insurance policies in coverage amounts it deems consultant.ECS does not and shall not have or accept authority to supervise,direct, reasonable and adequate. ECS shall furnish certificates of insurance upon request. The control, or stop the work of any of CLIENT'S Contractors or any of their CLIENT is responsible for requesting specific inclusions or limits of coverage that are not subcontractors. present in ECS insurance package. The cost of such inclusions or coverage increases,if 13.4 ECS strongly recommends that CLIENT retain ECS to provide construction available,will be at the expense of the CLIENT. monitoring and testing services on a full time basis to lower the risk of defective or 18.0 LIMITATION OF LIABILITY incomplete work being installed by CLIENT'S Contractors. If CLIENT elects to retain 18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING ECS apart-time or on-call basis for any aspect of construction monitoring and/or testingg,,CLIENT accepts the risk that a lower level of construction quality may occur ECS' TOTAL LIABILITY TO CLIENT ARISING FROM ECS' PROFESSIONAL LIABILITY, I.E. and that defective or incomplete work may result and not be detected by ECS'part PROFESSIONAL ACTS,ERRORS,OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING time monitoring and testing in exchange for CLIENT'S receipt of an immediate cost NEGLIGENCE,STRICT LIABILITY,BREACH OF CONTRACT,OR BREACH OF WARRANTY,INJURIES, savings. Unless the CLIENT can show that ECS'errors or omissions are contained DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING REASONABLE in ECS'reports,CLIENT waives,releases and discharges ECS from and against any ATTORNEY'S FEES)RELATING TO PROFESSIONAL SERVICES PROVIDED UNDER THISAGREEMENT other claims for errors,omissions,damages,Injuries,or loss alleged to arise from TO THE FULLEST EXTENT PERMITTED BY LAW.THE ALLOCATION IS AS FOLLOWS. defective or incomplete work that was monitored or tested by ECS on a part-time or 18.1.1 If the proposed fees are$10,000 or less,ECS'total aggregate liability to CLIENT on-call basis. Except as set forth in the preceding sentence, CLIENT agrees to shall not exceed$20,000,or the total fee received for the services rendered, indemnify and hold ECS harmless from all Damages,costs,and atoomeys'fees,for whichever is greater. any claims alleging errors,omissions,damage,injury or loss allegedly resulting from 18.1.2 If the proposed fees are in excess of$10,000,ECS'total aggregate liability to work that was monitored or tested by ECS on a part-time or on-call basis. CLIENT shall not exceed$50,000, or the total fee for the services rendered, whichever is greater. EC CERTIFICATIONS-CLIENT may request,or governing jurisdictions may require, 18.2 CLIENT agrees that ECS shall not be responsible for any injury,loss or damage of ECS to provide a"certification"regarding the Services provided by ECS. Any"certification" an nature,including bodily injury and roe damage,arising direct) or indirect) required of ECS by the CLIENT orjurisdiction(s)having authority over some or all aspects of y g y / ry property� g g y y' the Project shall consist of ECS'inferences and professional opinions based on the limited in whole or in part,from acts or omissions by the CLIENT, its employees,agents, sampling,observations,tests,and/or analyses performed by ECS at discrete locations and staff,consultants,contractors,or subcontractors to the extent such injury,damage, times. Such `certifications" shall constitute ECS' professional opinion of a condition's or loss is caused by acts or omissions of CLIENT, its employees, agents, staff, existence,but ECS does not guarantee that such condition exists,nor does it relieve other consultants, contractors, subcontractors or person/entities for whom CLIENT is parties of the responsibilities or obligations such parties have with respect to the possible legally liable. existence of such a condition. CLIENT agrees it cannot make the resolution of any dispute 18.3 CLIENT agrees that ECS'liability for all non-professional liability arising out of this with ECS or payment of any amount due to ECS contingent upon ECS signing any such Agreement or the services provided as a result of the Proposal be limited to$500,000. "certification." 19.0 INDEMNIFICATION 15.0 BILLINGS AND PAYMENTS 19.1 Subject to Section 18.0,ECS agrees to hold harmless and indemnify CLIENT from 15.1 Billings will be based on the unit rates, plus travel costs, and other reimbursable and against damages arising from ECS'negligent performance of its Services, but expenses as stated in the professional fees section of the Proposal. Any estimate of only to the extent that such damages are found to be caused by ECS'negligent acts, professional fees stated shall not be considered as a not-to-exceed or lump sum errors or omissions,(specifically excluding any damages caused by any third party or amount unless otherwise explicitly stated. CLIENT understands and agrees that even by the CLIENT.) if ECS agrees to a lump sum or not-to-exceed amount,that amount shall be limited 19.2 To the fullest extent permitted by law,CLIENT agrees to indemnify,and hold ECS to number of hours,visits,trips,tests,borings,or samples stated in the Proposal. harmless from and against any and all liability,claims,damages,demands,fines, penalties,costs and expenditures(including reasonable attorneys'fees and costs of ECS Proposal No:22345 Page 2 of 3 Ver.06/14/13 DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B litigation defense and/or settlement)("Damages")caused in whole or in part by the contends constitutes a violation of the Standard of Care.Such certificate shall be a acts, errors, or omissions of the CLIENT or CLIENT's employees, agents, staff, precondition to the institution of any judicial proceeding and shall be provided to ECS contractors,subcontractors,consultants, and clients, provided such Damages are thirty(30)days prior to the institution of such judicial proceedings. attributable to:(a)the bodily injury,personal injury,sickness,disease and/or death of 23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or district any person;(b)the injury to or loss of value to tangible personal property;or(c)a in which ECS'office contracting with the CLIENT is located. The parties agree that breach of these Terms. The foregoing indemnification shall not apply to the extent the law applicable to these Terms and the Services provided pursuant to the Proposal such Damage is found to be caused by the sole negligence,errors,omissions or shall be the laws of the Commonwealth of Virginia,but excluding its choice of law willful misconduct of ECS. rules. Unless otherwise mutually agreed to in writing by both parties,CLIENT waives 19.3 It is specifically understood and agreed that in no case shall ECS be required to pay the right to remove any litigation action to any other jurisdiction. Both parties agree an amount of Damages disproportional to ECS' culpability. IF CLIENT IS A to waive any demand for a trial by jury. HOMEOWNER, HOMEOWNERS' ASSOCIATION, CONDOMINIUM OWNER, CONDOMINIUM OWNER'S ASSOCIATION,OR SIMILAR RESIDENTIAL OWNER, 24.0 CURING A BREACH ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE 24.1 A party that believes the other has materially breached these Terms shall issue a ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT'S RIGHTS AND written cure notice identifying its alleged grounds for termination.Both parties shall OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS promptly and in good faith attempt to identify a cure for the alleged breach or present IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT facts showing the absence of such breach. If a cure can be agreed to or the matter TO RETAIN SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL otherwise resolved within thirty(30)calendar days from the date of the termination COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY notice,the parties shall commit their understandings to writing and termination shall PROVISION OF THIS AGREEMENT. not occur. 19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER,CLIENT 24.2 Either party may waive any right provided by these Terms in curing an actual or SHALL INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND ALL alleged breach; however, such waiver shall not affect future application of such CLAIMS OR DEMANDS DUE TO INJURY OR LOSS INITIATED BY ONE OR MORE provision or any other provision. HOMEOWNERS, UNIT-OWNERS, OR THEIR HOMEOWNER'S ASSOCIATION, COOPERATIVE BOARD,OR SIMILAR GOVERNING ENTITY AGAINST CLIENT 25.0 TERMINATION WHICH RESULTS IN ECS BEING BROUGHT INTO THE DISPUTE. 25.1 CLIENT or ECS may terminate this Agreement for breach,non-payment,or a failure 19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY to cooperate. In the event of termination,the effecting party shall so notify the other HARMLESS UNDER THIS SECTION 19.0INCLUDE THE DUTYTO DEFEND. party in writing and termination shall become effective fourteen(14)calendar days after receipt of the termination notice. 20.0 CONSEQUENTIAL DAMAGES 25.2 Irrespective of which party shall effect termination,or the cause therefore,ECS shall 20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any promptly render to CLIENT a final invoice and CLIENT shall immediately compensate consequential damages incurred by either due to the fault of the other or their ECS for Services rendered and costs incurred including those Services associated employees, consultants, agents, contractors or subcontractors, regardless of the with termination itself,including without limitation,demobilizing,modifying schedules, nature of the fault or whether such liability arises in breach of contract or warranty, and reassigning personnel. tort,statute,or any other cause of action. Consequential damages include,but are not limited to,loss of use and loss of profit. 26.0 TIME BAR TO LEGAL ACTION-Unless prohibited by law,and notwithstanding any 20.2 ECS shall not be liable to CLIENT, or any entity engaged directly or indirectly by Statute that may provide additional protection,CLIENT and ECS agree that a lawsuit by CLIENT,for any liquidated damages due to any fault,or failure to act,in part or in either party alleging a breach of this Agreement,violation of the Standard of Care,non- total by ECS,its employees,agents,or subcontractors. payment of invoices,or arising out of the Services provided hereunder,must be initiated in a court of competent jurisdiction no more than two(2)years from the time the party knew,or 21.0 SOURCES OF RECOVERY should have known,of the facts and conditions giving rise to its claim,and shall under no 21.1 All claims for damages related to the Services provided under this Agreement shall circumstances shall such lawsuit be initiated more than three(3)years from the date of be made against the ECS entity contracting with the CLIENT for the Services,and no substantial completion of ECS'Services. other person or entity. CLIENT agrees that it shall not name any affiliated entity 27.0 ASSIGNMENT-CLIENT and ECS respectively bind themselves,their including parent, peer, or subsidiary entity or any individual officer, director, or successors,assigns,heirs,and legal representatives to the other party and the successors, employee of ECS. assigns,heirs and legal representatives of such other parry with respect to all covenants of 21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in these Terms. Neither CLIENT nor ECS shall assign these Terms,any rights thereunder,or connection with the Project and/or the Services,CLIENT and ECS agree that they will any cause of action arising therefrom,in whole or in part,without the written consent of the look solely to each other for the satisfaction of any such dispute or claim. Moreover, other. Any purported assignment or transfer,except as permitted above,shall be deemed notwithstanding anything to the contrary contained in any other provision herein, null,void and invalid,the purported assignee shall acquire no rights as a result of the CLIENT and ECS' agree that their respective shareholders, principals, partners, purported assignment or transfer and the non-assigning party shall not recognize any such members,agents,directors,officers,employees,and/or owners shall have no liability purported assignment or transfer. whatsoever arising out of or in connection with the Project and/or Services provided hereunder. In the event CLIENT brings a claim against an affiliated entity,parent 28.0 SEVERABILITY-Any provision of these Terms later held to violate any law,statute, entity,subsidiary entity,or individual officer,director or employee in contravention of or regulation,shall be deemed void,and all remaining provisions shall continue in full force this Section 21,CLIENT agrees to hold ECS harmless from and against all damages, and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a costs,awards,or fees(including attorneys'fees)attributable to such act. valid substitute that expresses the intent of the issues covered by the original provision. 22.0 THIRD PARTY CLAIMS EXCLUSION-CLIENT and ECS agree that the Services are 29.0 SURVIVAL-All obligations arising prior to the termination of the agreement performed solely for the benefit of the CLIENT and are not intended by either CLIENT or ECS represented by these Terms and all provisions allocating responsibility or liability between to benefit any other person or entity.To the extent that any other person or entity is benefited the CLIENT and ECS shall survive the substantial completion of Services and the by the Services,such benefit is purely incidental and such other person or entity shall not be termination of the Agreement. deemed a third party beneficiary to the Agreement. No third-party shall have the right to rely 30.0 TITLES:ENTIRE AGREEMENT on ECS'opinions rendered in connection with ECS'Services without written consent from both CLIENT and ECS,which shall include,at a minimum,the third-party's agreement to be 30.1 The titles used herein are for general reference only and are not part of the Terms. bound to the same Terms and Conditions contained herein and third-party's agreement that 30.2 These Terms together with the Proposal,including all exhibits,appendixes,and other ECS'Scope of Services performed is adequate. documents appended to it,constitute the entire agreement between CLIENT and 23.0 DISPUTE RESOLUTION ECS ("Agreement'). CLIENT acknowledges that all prior understandings and negotiations are superseded by this Agreement. 23.1 In the event any claims, disputes,and other matters in question arising out of or 30.3 CLIENT and ECS agree that subsequent modifications to the Agreement shall not be relating to these Terms or breach thereof(collectively referred to as"Disputes"),the binding unless made in writing and signed by authorized representatives of both parties shall promptly attempt to resolve all such Disputes through executive parties. negotiation between senior representatives of both parties familiar with the Project. The parties shall arrange a mutually convenient time for the senior representative of 30.4 All preprinted terms and conditions on CLIENT'S purchase order,Work Authorization, each party to meet.Such meeting shall occur within fifteen calendar(15)days of either or other service acknowledgement forms,are inapplicable and superseded by these party's written request for executive negotiation or as otherwise mutually agreed. Terms and Conditions of Service. Should this meeting fail to result in a mutually agreeable plan for resolution of the 30.5 CLIENT's execution of a Work Authorization, the submission of a start work Dispute,CLIENT and ECS agree that either party may bring litigation. authorization(oral or written)or issuance of a purchase order constitutes CLIENT's 23.2 CLIENT shall make no claim(whether directly or in the form of a third-party claim) acceptance of this Proposal and these Terms and their agreement to be fully bound against ECS unless CLIENT shall have first provided ECS with a written certification to them. If CLIENT fails to provide ECS with a signed copy of these Terms or the executed by an independent engineer licensed in the jurisdiction in which the Project attached Work Authorization,CLIENT agrees that by authorizing and accepting the is located,reasonably specifying each and every act or omission which the certifier services of ECS,it will be fully bound by these Terms as if they had been signed by CLIENT. ECS Proposal No:22345 Page 3 of 3 Ver.06/14/13 DocuSign Envelope ID:254EEE07-4235-43OF-AB86-8BA7FDCF270B ECSSOUT-01 MLEE ,4coR0` CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) 11/18/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Meg S. Lee, CIC The Andersen Insurance Group PHONE FAX 14026 Thunderbolt Place Suite 200 (A/C,No,Ext): (703)988-0900 102 (A/C,No): Chantilly,VA 20151 ADDRESS:meg@theandersengrp.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Federal Insurance Company 20281 ECS Southeast,LLP INSURER C:Bankers Standard Insurance Company 18279 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 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD W D MM DD YYYY MM DD YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FIV-1 OCCUR ENP0219991 12/1/2020 12/1/2021 DAMAGE TO RENTED 500,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO EBA0559255 12/1/2020 12/1/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ent $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 79891344 12/1/2020 12/1/2021 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ C W KERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER 71764167 12/1/2020 12/1/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Commercial Umbrella EXS0220000 12/1/2020 12/1/2021 Occ/Aggr 10,000,000 D General Liability CPMG28192289 12/1/2020 12/1/2021 Inc/Aggr 9,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:All Active Projects The Certificate Holder is included as an Additional Insured with respect to General Liability coverage where required by written contract.A Waiver of Subrogation is granted where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count North Carolina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 y ACCORDANCE WITH THE POLICY PROVISIONS. Asset Management Services 131 West Morgan Lane Hillsborough,INC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:254EEE07-4235-430E-AB86-8BA7FDCF270B ECSSOUT-02 DLONG ,4coR0` CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) 6/9/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames&Gough PHONE 8300 Greensboro Drive (A/C,No,Ext): (703)827-2277 (A///C,No):(703)827-2279 Suite 980 ADDRESS:admin@amesgough.com McLean,VA 22102 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company CNA)A XV 20443 INSURED INSURER B: ECS Southeast,LLP INSURER C: 1812 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD W D MM DD YYYY MM DD YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PE� LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED L $ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ W KERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. AEH288257904 6/15/2020 6/15/2021 Per Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Orange County,NC Jail CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,INC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD