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HomeMy WebLinkAbout2025-533-E-AMS-Building Envelope consultants and scientists-Building Envelope consultants and scientistsDocusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E859/5/20259/8/2025 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E859/3/20259/5/20259/6/20259/6/2025 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com August 27, 2025 Attention: Orange County c/o Alan Dorman, Asset Manager 306 Revere Rd. Hillsborough, NC 27278 Subject: Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 Dear Mr. Dorman: Building Envelope Consultants and Scientists, PLLC (BECS) is pleased to submit the following proposal to assist with the referenced project. Below, you will find our proposed scope of services based on our current knowledge of the project and our experience with similar projects. Background BECS was contacted to review some concerns at Orange County’s’ Gateway Center in Hillsborough, NC. There is bulk water and mold issues presenting itself on the north elevation on other areas of the 2nd and 3rd floor. Proposed Scope of Services The BECS services outlined below are conducted by a team of registered engineers and architects, building scientists, and roofing/waterproofing consultants with specialties in structural and restoration engineering, building envelopes, and general construction. The specialists working on each project have extensive experience in such investigations. Conclusions will be drawn from on-site observations and interviews with users and management/maintenance personnel. Appropriate documents will be reviewed for orientation purposes. Unless indicated otherwise, no destructive testing, calculations, intrusive observations, or laboratory analysis is included in the services outlined herein. BECS will require structural, architectural, and as-built drawings for our investigation. If drawings are unavailable, we reserve the right to revisit our proposal to determine the impact on our scope and costs when performing the investigation. T ASK 1 – FAÇADE CONSULTING, DRAWING REVIEW, AND PRESENTATION OF FINDINGS • BECS will review available reports, leak logs, and other pertinent data from previous studies of the referenced components the Client and management staff provided. We will also interview the Client regarding the project's history. If there are known conditions that you would like us to consider, please inform us of them and their location. • Review available drawings of the building to determine the construction details. We understand the Client will make existing drawings available to us at least seven days before the beginning of our survey. • Make multiple day site visits to perform visual observations of accessible exterior and interior wall sections where water intrusion is believed to be ongoing. Utilize specialty equipment such as infrared cameras and moisture meters to help verify existing conditions and observations. Our observations will focus on thermal, air, weather, and water management of as-built details. During our observations, we will require access to the interior of the building and accessible roofs. We will work with the Management Staff to gain access to all floors with exposed exterior wall conditions. If there are existing areas with known detailing concerns, we request Management Staff make this information known to us prior to the start of our Work so these locations may be included as part of our survey. We will coordinate access to these Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com locations through the Management office to occur during normal business hours (Monday through Friday, 9:00 AM to 4:00 PM). If required, the Owner or property manager may arrange for an escort to accompany us during our site visit. • We will perform a forensic leakage investigation to determine the causes and pathways of water intrusion and air infiltration. During this investigation, we will use calibrated testing equipment to create a pressure differential between the interior and exterior; utilizing a blower door. This will effectively create a wind-driven rain event, which will provide for more efficient means of leakage detection. Isolation techniques described in ASTM E2128 will be utilized to isolate certain joints and conditions. This will help us to determine more specific pathways of water and air intrusion. This can help to rule out certain repairs that may not be necessary. An Aerial Lift will be required to access elevated areas of concern. Bulk exterior smoke testing will also be used to evaluate potential excessive air infiltration. • Investigative probes requiring exterior brick removal in three locations will be performed by a subcontracted contractor. In addition, a section of parapet metal coping will be removed and replaced by the contractor. The probes are to identify potential deficiencies in the construction of the backup wall and transitions i.e. windows, shelf angle etc. • We will take interior temperature and humidity measurements and perform a hygrothermal WUFI computer simulation if necessary to assist in our analysis. • We will follow up on our study with a detailed report Our findings will include recommendations, practical repair solutions to address the observed conditions, risk factors associated with the observed conditions, and recommendations for additional testing or exploratory openings (if necessary) to better und erstand the reported conditions. A stamped and sealed report can be provided upon request for an additional cost . • We will attend one in-person or virtual meeting during regular business hours (Monday through Friday, 10:00 AM to 3:00 PM) with the Client and Client’s representative following delivery of our findings to review conditions and recommendations and answer questions related to the study. If, during our work, we discover conditions that require immediate attention/repairs or additional access to perform detailed observations and intrusive investigation, we will inform you of our findings and provide a budget for the additional work. We will not proceed with additional work without first receiving written approval from the Client. Upon review and discussion with the Owner’s representative, BECS can provide a proposal for preparing design and specification documents, permitting assistance, performing bidding, and providing quality assurance services for the project remediation. TASK 2 – DESIGN DOCUMENTS • BECS will complete a Building Code Analysis for the project. This will establish the regulatory criteria for the project and develop our design in compliance with local Permit Authority requirements. Our analysis will be limited to only those portions of the Building Code applicable to the scope of our design work. • BECS will prepare technical Specifications and Drawings (together referred to as the “Project Manual”) to scope and describe repair or replacement needs for the components in question in sufficient detail for competitive bidding or pricing by the Client’s pre-selected Contractor. The content, Level of Detail, and Design Intent of the Project Manual will be based on the scope agreed to by the Client. Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com • BECS will prepare Drawings in compliance with Building Code requirements, including details of sufficient Level of Detail to clearly describe the scope and extent of repairs identified previously and agreed to by the Client. Although not anticipated, if unforeseen conditions are discovered after the commencement of the work that will require extensive detailing beyond what is described in this Proposal, BECS may require additional fees to cover the unexpected increase in effort. In this circumstance, BECS will inform the Client immediately. • BECS will prepare Specifications. The Specifications will include general administrative requirements, contractual information, and technical specifications about the scope of the design. Specifications will be formatted as full 3-part, MasterFormat type sections . Specifications will name specific products as the “basis-of-design”. • BECS will deliver Drawing submissions for Client review at the following milestones: • BECS will conduct Virtual Design Review Meetings with the Client during Task 2 to review the design's development. • BECS will attend up to ### Virtual Stakeholder meetings with the Client to address Stakeholder questions. • This deliverable is intended for bidding purposes only. During the completion of the bidding process and before the contract award, the Task 2 deliverable may require revisions to document items changed or negotiated material delivery lead times, schedule, or other considerations. The Task 2 deliverable is not intended as a permit or construction document. • A Project Manual will be developed that may include: o Invitation to Bid o Instructions to Bidders o Bid Forms o Administrative Provisions o Scope of Work o Technical Specifications o Drawings o Bond Requirements o Insurance Requirements o Warranty Information o AIA Format /Owner Contract Form o General Conditions (AIA Format) TASK 3A – BIDDING SERVICES • BECS will consult with the Client to establish a list of 3-5 qualified bidders. BECS will then provide the client with a written list of pre-approved bidders for this type and complexity project for their review and approval. We will also suggest dates and times for the prebid meeting and bid receipt. • Once the client approves the bidder’s list, pre-bid meeting date/time, and bidding period, BECS will arrange an on -site pre-bid meeting with the pre-approved Contractors. The Client and Client’s representatives, building engineer, Contractors, and BECS will attend. • Prepare and distribute the required bid addenda. BECS will respond in written format to questions and clarifications requested by the bidders and the Client. • Bids will be sent to the Client, with a copy to BECS. BECS will review the bid results and provide a letter summarizing the contractor bids received and our recommendations for selecting a contractor. • BECS will attend a virtual meeting with the Client or Client’s representative to review the bids and discuss repair scenarios, costs, project duration, etc. We will answer questions and provide clarifications needed or asked by the Client and the overall Project Team. • Following our meeting, BECS will act upon the direction provided by the Client, including notifying bidding Contractors of the Client’s decision regarding Contractor selection. Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com • Our fee does not include shortlisting or other interviews with contractors, “Best and Final” negotiations, rebidding due to financial restrictions, value engineering, or additional bidding due to a lack of bid participation. These and any other services not explicitly outlined above will be performed at Time and Expense if requested. TASK 3B – PERMITTING ASSISTANCE • BECS will provide the permit support services listed below to assist the client in obtaining a building permit for this project. BECS does not include initiating or managing the Permit application process, interacting directly with Permit officials, expediting permits, or paying for or obtaining Building Permits. • BECS will convert our Bid Drawings into Permit Drawings and deliver them to you signed and sealed in the format required by the local Permitting Authority, ready for your use to apply for a Building Permit. BECS’s Permit Drawings will consist of our Bid Drawings plus any significant changes made during Bidding that would affect the Permit review. • BECS will fill out certain portions of the Permit application forms you provide to us on your behalf, where they are directly applicable and relevant to the Permit Drawings BECS produced. Portions of forms not directly related to our services will not be our responsibility. While BECS’s Permit Drawings will be compliant with our professional interpretation of Building Code requirements, from time to time, the Permitting Authority will have questions on design intent, requests for clarifications, or directions on drawing format or administrative requirements that would require BECS response or revisions to the Permit Drawings. BECS will provide you with our responses to any such comments. Responses will be either written statements on BECS letterhead or reissued Drawings with the revisions “clouded,” as necessary to address the comments. These revisions will be completed on a time and expense basis and billed at our current hourly rates. • This will complete BECS’s Permitting services for the project. TASK 4 – QUALITY ASSURANCE SERVICES Pre-Construction Phase • We will assist the Contractor and Client with preparing AIA A104 Format Contract Documents as reviewed and approved during Design Services by the Client(s) attorney. BECS will finalize and assemble the complete contract based on the decisions made by the Client on bids received in Task 3. We will deliver the completed document to the selected Contractor for signature. Following the Contractor's signature, BECS will deliver the contract to the Client for signature. These functions will be performed electronically unless directed otherwise by the Client. • Once the Client and Contractor have executed an agreement and are under contract, BECS will conduct a virtual pre - construction conference. The Client, Client’s representatives, property manager, building engineer, contractor, subcontractors, code officials (as needed), BECS, and others (collectively the Project Team) will attend. Construction Phase • Review of Contractor material and administrative submittals. Approve/disapprove submittals and initiate field -installed mock-up samples for Client review. During this phase, the Contractor will install samples of the approved products in the field for Client review, selection, and approval. Detailed work will not commence until submittals and mock -ups are approved. • The Contractor will request payment for work completed every 30 days for the project duration. Retainage will be withheld until all work is reviewed, accepted, and agreed to complete by the project team. BECS will review Contractor pay requisitions, the release of lien documents, change orders, and close-out documents before submitting them to the Client for processing. In conjunction with the Client, we will approve/disapprove these documents. • Provide clarification of technical or contract issues. • Conduct/Attend periodic progress meetings with the project team to review past Work, resolve project -related issues, review the Contractor's payment applications, and discuss future Work. Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com • Perform periodic site visits during construction at milestones and/or hold points, or other times as needed, to observe the progress of the Work, verify quantities of repair, and determine whether the Work is being performed in general accordance with the Project Specifications. Post Construction • We will prepare a formal punch list following substantial completion and conduct a formal walkthrough with the Client following the Contractor’s formal statement of completion. • Assemble close-out documents, including a letter of substantial completion, contractor’s formal statement of completion, and warranty information and guidelines, and submit them to the Client for the project records. • Our services during construction are limited to those described in the scope of work, attached terms and conditions, and those discussed in the A104 contract format for the roles of the Architect. We are not responsible for Contractor means and methods, staging, access, shoring, bracing, safety, scheduling, in-house quality assurance, temporary protection, or any other roles of the Contractor as defined by the A104 contract format and industry-standard documents. BECS is not an “owner’s representative,” “construction manager,” “construction project manager,” or “construction manager at risk”; our involvement during construction is that of reviewing the Contractor’s work for conformance with the project manual, drawings, industry standards, and the design intent. • This will complete BECS’s Quality Assurance Services for the project. Consulting Fees and Payment Terms Task 1 – Forensic Evaluation of Building Envelope Two to Three partial days on site performing the assessment and testing. After hours air infiltration testing to utilize blower doors may be necessary. $12,160 Aerial Lift: Two days $700/day; $1,400 Contractor Support for Investigative Probes: $2,500 $16,060 Task 2 – Design Documents TBD Task 3a – Bidding Services TBD Task 3b – Permitting (Time and Expense) TBD Task 4a – Quality Assurance Services TBD Schedule BECS will endeavor to complete the contracted work within a mutually agreed -upon timeframe with the Client. The construction completion timeframe may be impacted by items beyond our control, including, but not limited to, contractor availability, weather, and the permitting process. BECS will promptly complete those items within our control in the scope of service. Items beyond our control shall not be considered delays on BECS's part. When the proposal is approved, BECS will add this work to our staffing place and begin the project based on our present workload. Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com Once bidding is completed and a contractor is retained, the project permitting timeframes can be discussed. Depending on the AHJ, permitting can take up to three months or more. The above fees are based on these timeframes; expedited services can be provided upon request for a revised fee. Additional Services Unforeseen and hidden conditions may necessitate additional services beyond those defined. BECS will submit an Additional Task Service Authorization for the Client’s approval if identified. No further work will be performed without the Client’s written approval. Additional Task Services will follow the terms and conditions attached herein. Proposal Acceptance If the scope of work and proposed fees are acceptable, please sign the attached Proposal Acceptance Sheet and return it to us. Using alternative contract forms may result in revisions to the fees and schedule. We appreciate your consideration of BECS for this work and look forward to assisting you on this project. Sincerely, Building Envelope Consultants and Scientists. FOR: Client Name FOR: Building Envelope Consulting and Scientists, PLLC ACCEPTED ACCEPTED BY: BY: JP McDonald, P.E. Regional Managing Director TITLE: : DATE: DATE: 8/27/25 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com With an accepted contract, we request that you complete the following information and return the following: How to Pay BECS has made paying your invoice online easy, quick, and secure. Forward this information to your Accounts Payable Department to ensure no bottlenecks in your project delivery. To Pay by Check: Make check payable to: Building Envelope Consultants and Scientists 875 Hollins Street, # 4 Baltimore, MD 21201 To Pay by ACH/Credit Card: Go to https://www.wearebecs.com/payment or click this link to access our secure payment portal: Pay Now. Please note that service fees apply. To sign up for free ACH payments, don't hesitate to get in touch with billing@wearebecs.com Project Name: Internal Project #: P.O. No.: Accounts Payable Contact: Phone Email Billing Address: Project Billing Schedule? If a project billing schedule exists, please provide Accounts Payable Contact: Phone: Email Address: Insurance Certificate: If specific COI is required then please send requirements or Addt’l insured Lien Waivers Required: Expenses Billable: Other Instructions: Scan to Pay Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com Terms and Conditions 1. Invoice Payment, Interest on Unpaid Amount and Disputed Invoices 1.1. BECS will submit progress invoices which are due upon receipt and considered past due if not paid within thirty (30) days of invoice date. If BECS does not receive payment in full within sixty (60) calendar days of invoice date, invoices will bear i nterest at one-and-one-half (1.5) percent (or the maximum rate allowable by law, whichever is less) of the unpaid amount per month, which will be calculated from the invoice date. Furthermore, if the Client has not objected to the invoice, as provided for below, and the invoice is more the sixty (60) days outstanding, BECS may proceed immediately to collection of the invoice without mediation as a condition precedent. Payment thereafter will first be applied to accrued interest and then to the unpaid prin cipal. 1.2. BECS shall be compensated to the extent that BECS’s services are requested, directed, and provided regardless of project schedule or Client’s billing arrangement with Owner. 1.3. If the Client objects to any portion of an invoice, the Client shall notify BECS in writing within fifteen (15) calendar days of receipt of the invoice. The Client shall identify in writing the specific cause of the disagreement and the amount in dispute and sh all pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. 2. Any dispute over invoiced amounts due which the Client has objected to and cannot be resolved within twenty-five (25) calendar days after presentation of invoice by direct negotiation between the parties shall be resolved in accordance with the following D isputed Invoice Resolution process: 2.1. A demand for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. 2.2. The other party shall deliver a written response to the party demanding mediation within seven (7) calendar days of receipt o f the demand for mediation indicating that the other party agrees to mediate. 2.3. Should the other party fail to provide a written response to the demand for mediation within the seven (7) daytime period, th e requirement of mediation as a condition precedent under Terms and Conditions paragraph A.17 shall be deemed waived, and BECS may proceed directly with the filing of a civil complaint in a court of competent jurisdiction. 3. Termination of Services 3.1. BECS reserves the right to terminate this agreement upon seven (7) days’ advance notice in the event Client fails to perform, including failure to make timely payment of invoices. BECS may, at its option, suspend work in the event payments are not received and will have no liability for any delay caused thereby. 4. Documents 4.1. All documents furnished by BECS are instruments of service and shall remain the sole property of BECS. BECS shall retain all common law, statutory, and other reserved rights, including the copyright thereto. They are to be used only for this project and are not to be modified, distributed, or used for any other project, in whole or in part, except with the written authorizatio n of BECS. BECS accepts no liability for any unauthorized use or modification of these documents. 5. Additional Services 5.1. BECS’s services exceeding the scope of the basic services will be considered additional services and will be provided based u pon a mutually agreeable fee and terms. 6. Insurance 6.1. See attached sample BECS Certificate of Insurance. Insurance Certificates for this project will be provided to the Client up on execution of this agreement. In the event of insurance cancellation, the Client will be given thirty (30) days’ written noti ce. 7. BECS Responsibilities 7.1. Confirmation of Verbal Authorization: Until such time that a written agreement is concluded, we will proceed based upon the terms of this proposal, including the Basic Services, Compensation, Reimbursable Expenses, and Terms and Conditions therein. If that process is not acceptable to you, please notify BECS Inc. immediately in writing. 7.2. Standard of Care: Services provided by BECS in connection with the Project will be performed consistent with that degree of care and skill ordinarily exercised by members of the same profession practicing simultaneously under similar circumstances. 7.3. Cost Estimates: BECS’s opinions of probable cost, if any, will be based on training and experience. However, BECS does not c ontrol contractors' labor or materials costs or other conditions affecting market pricing. Accordingly, BECS does not warrant its o pinions, nor will contractors’ actual or quoted costs vary from its opinions of probable cost. 7.4. Submittal Review: BECS review of shop drawings and other submittals will be for conformance with the general intent of the BECS documents, and action taken or comments made by BECS shall not create or transfer responsibility for the content of such submittals. Responsibility will remain with the contractor or the party preparing said submittals. 7.5. Review of Pay Applications: BECS’s review of the contractor’s applications for payment, if any, will constitute BECS’s opini on based on its review of the work in progress but will neither be a warranty nor a representation that the contractor has appropriately applied payments for any purpose of the contractor’s work. Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com 7.6. Equipment survey will be limited to safely accessing operating equipment and equipment areas. 7.7. Construction Observation: 7.7.1. BECS shall visit the site at intervals appropriate to the state of construction, or as otherwise agreed to in writing by the Client and BECS, to observe the progress and quality of the Work completed by the Contractor. Such visits and observations are not intended to be an exhaustive check nor a detailed inspection of the Contractor’s work but rather are to allow BECS to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Based on this general observation, BECS shall keep the Client informed about the progress of the Work and shall advise the Client about observed deficiencies in the Work. 7.7.2. If the Client desires more extensive project observation or full-time project representation, the Client shall request that such services be provided by BECS as Additional Services in accordance with the terms of this Agreement. 7.7.3. BECS shall not supervise, direct, nor have control over the Contractor’s work nor have any responsibility for construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. 7.8. Services Excluded: BECS has offered a scope of services which its judgment is needed and required for a successful project outcome. Such services are not offered on a phased or a-la-carte basis. In the event Client does not authorize all services offered, Client assumes full responsibility for interpretation of the BECS deliverables. 7.9. Matters Outside Parties’ Control: Client acknowledges that BECS, by undertaking this engagement, assumes no obligation nor responsibility to Client or its employees, guests, customers, suppliers, or vendors, nor any other person whatsoever, for prevention or mitigation of property damage, personal or bodily injury, loss detention, or delay caused by accidents, strikes, lockouts, and any other cause including those resulting from force majeure. 7.10. Schedule: BECS will perform its services as expeditiously as is consistent with professional care and diligence. BECS shall not be responsible nor liable for any loss, damage, detention, or delay caused by accidents, strikes, lockouts, or by any other ca use which is unavoidable or beyond BECS’s control, to include any event for consequential damages of any kind or nature. 7.11. Consequential Damages: Notwithstanding any other part of this Agreement, and to the fullest extent permitted by law, neither the Client nor BECS, their respective employees, agents, or subconsultants, shall be liable to the other Party for any incide ntal, indirect, or consequential damages arising out of or connected in any way to the Project or this Agreement. This mutual waiv er of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, and any other consequential damages that either party may have incurred, whether caused by negligence, breach of contract, express or implied warranty, or any other theory. 7.12. Use of Equipment: BECS shall have no responsibility for property damage or personal or bodily injury occurring while in, on, or about the equipment which is the subject of this agreement, or for the consequences of such damage or injury. 7.13. Code Opinions: Client acknowledges that BECS’s recommendations, interpretations, opinions, and conclusions regarding requirements of applicable codes, ordinances, laws, and regulations shall be based on the current versions of said authoritie s as they exist at the time of the site review and may not reflect versions existing before or after the date of the review. 7.14. Maintenance: Client also acknowledges that preventive maintenance is required on all mechanical and electrical systems to assure safe, proper, and consistent operation of the equipment, and that as between Client and BECS said preventive maintenance is Client’s sole responsibility. 7.15. Client Information: Client is responsible for providing, at its expense, to BECS such information as may be necessary to fac ilitate BECS’s services herein; BECS shall be entitled to rely on all Client-supplied information being current, complete, and accurate regardless of the original source. 7.16. Corporate Protection: It is intended by the parties to this Agreement that BECS’s services in connection with the Project sh all not subject BECS’s individual employees, officers, or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s so le and exclusive remedy, any claim demand or suit shall be directed and/or asserted only against BECS, a Colorado corporation, a nd not against any of BECS’s individual employees, officers, or directors. 7.17. Limitation of Liability and Indemnity: 7.17.1. In recognition of the relative risks and benefits of the Project to both the Client and BECS, the risks have been allocated such that the Client agrees to limit the liability of BECS and its employees to the Client for any and all claims, losses, co sts and damages of any nature whatsoever arising from BECS’s work on the Project, including but not limited to additional services not referred to in the parties’ contract, so that the total aggregate liability of BECS and its employees to the Cli ent shall not exceed BECS’s total fees for work on the Project or $50,000.00, whichever is greater. It is intended that this limitation shall apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 7.17.2. BECS shall not be liable for Client’s employees or agents who accompany BECS while in or on Client’s property. Client agrees to indemnify and hold harmless BECS, its employees, officers, directors, subsidiaries and consultants from and against any Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 Proposal for Façade Consulting The Gateway Center 228 Churton St. Hillsborough, NC 27278 BECS #20250551 August 27, 2025 BECS is now a Lerch Bates Company Firm License Number: P-2493 WeAreBECS.com · LerchBates.com and all claims, demands, losses, damages, costs, or expenses, including attorneys’ fees, which result or arise from, or relat e to Client, or an agent or employee acting on behalf of Client, accompanying BECS’s employees or consultants at any time during BECS’s onsite activities. 7.17.3. Further, Client agrees to indemnify and hold harmless BECS, its employees, and its consultants from and against any and all claims, demands, losses, damages, costs, or expenses, including attorneys’ fees, which are asserted by any other party, firm, or individual and which are alleged to result from or be related to this Agreement or the services hereunder, and which exceed the sum of $50,000.00 or BECS’s fee for the services hereunder, whichever is greater. 7.18. Mediation: 7.18.1. The Client and BECS agree that all disputes between them arising out of or relating to this Agreement, or the Project shall be submitted to nonbinding mediation as a pre-condition to litigation or arbitration. 7.18.2. The Client and BECS further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their respective subcontractors, subconsultants, suppliers, and fabricators. 7.19. Collection Costs: Should litigation or arbitration be necessary to collect any portion of amounts due BECS for work on the P roject, BECS shall also be entitled to all costs of collection, including reasonable attorneys’ and expert fees and costs. 7.20. Extent of Agreement: This agreement, when executed by authorized representatives of both BECS and Client, constitutes the Contract between the parties hereto and all prior representations or agreements, oral or written, not expressly incorporated herein, are superseded. 7.21. This Agreement shall be governed by the state laws of the local BECS office, and all actions pertaining to or arising out of this Agreement shall be filed in the county of the local BECS office. 7.22. If applicable, BECS and Client hereby incorporate the requirements of 41 CFR §§ 60 -1.4(a), 60-300.5(a) and 60-741.5(a), and 29 CFR § 471. These regulations prohibit discrimination against qualified individuals based on their status as protected veteran s or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered entities take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender iden tity, national origin, protected veteran status or disability. 7.23. This proposal expires thirty (30) days from the submission date. ### Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies, LLC DBA Lockton Insurance Brokers, LLC in CA CA license #0F15767 444 W. 47th St., Ste. 900 Kansas City MO 64112-1906 (816) 960-9000 kcasu@lockton.com BUILDING ENVELOPE CONSULTANTS AND SCIENTISTS, LLC; LERCH BATES, INC. 875 HOLLINS STREET, SUITE 201 BALTIMORE, MD 21201 Continental Casualty Company 20443 The Continental Insurance Company 35289 National Fire Insurance Co of Hartford 20478 Allied World Surplus Lines Insurance Company 24319 X X 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X X 10,000,000 10,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 PROFESSIONAL LIABILITY $5,000,000 PER CLAIM/AGG B 7034525380 12/31/2024 9/30/2025 A 7034525363 12/31/2024 9/30/2025 C 0312-0324 12/31/2024 9/30/2025 B 7034525377 12/31/2024 9/30/2025 D 7034525413 (AOS)8/1/2025 9/30/2025 D 7034525394 (CA)8/1/2025 9/30/2025 9/30/2025 1557013 Y N N N N N Y 8/28/2025 N N 22338224 22338224 XXXXXXX ORANGE COUNTY 300 WEST TRYON STREET, P.O. BOX 8181 HILLSBOROUGH, NC 27278 RE: PROJECT NAME: SITE VISIT – THE GATEWAY CENTER. ORANGE COUTNY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS ON GENERAL LIABILITY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSUREDS APPLIES ON WORKERS COMPENSATION/EMPLOYER’S LIABILITY, AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. X See Attachments Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such w ritten contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. III. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 1001 edition of CG2037; or B. Additional insured coverage with “arising out of” language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. CNA75079XX (3-22) POLICY NUMBER: 7034525363 1 Attachment Code: D567675 Certificate ID: 22338224 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. CNA75079XX (3-22) POLICY NUMBER: 7034525363 Attachment Code: D567675 Certificate ID: 22338224 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement VIII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or 2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (3-22) POLICY NUMBER: 7034525363 Attachment Code: D567675 Certificate ID: 22338224 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 00 03 13 (04-1984) Policy No. 7034525413 (AOS) 7034525394 (CA) Attachment Code: D568691 Certificate ID: 22338224 Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85