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HomeMy WebLinkAboutNCD980602163_19990720_Warren County PCB Landfill_SERB C_Landfill Topo Survey, 1999-OCR07/20/1999 15:01 919-715-0584 NCDE&NR/PURCHASING /, " DATE: 1--~ o -q q NO.OFPAGES: ~ .INCLUDINGTHISPAGE ----- TO:_t?a± '.f?a_<:_k\.}s FAX NUMBER:~ 1: JS -3 teos TELEPHONE NUMBER: ------------ FROM:_ 01 ·1 (. b Si\ C. l B (' j '4 d t NIBSSAGE: --~-----------,-------- Laird Davison (919) 715-3880 Michael Bryant (919) 715-3891 Dolan Simmons (919) 715-3877 Pat Powell (919) 715-3893 Lynn Lee (919) 715-3869 Traci Rains (919) 715-3889 Kelly Belvin (919) 715-3867 Jo Anne Keith (919) 715-3884 Forrest Wilson (919)715-3873 Kathy Domico (919) 715-3882 Larry Williams (919) 715-3875 Theresa Watkins (919) 715-3895 Theresa Butler (919) 715-3885 Kathy Norris (919) 715-3888 NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF PURCHASE AND SERVICES 1605 MAIL SERVICE CENTER RALEIGH NC 27699-1605 512 N SALISBURY STREET RALEIGH NC 27604 Fax (919) 715-0684 PAGE 01/02 I HCDE&t--lR / PIJRCHAS I HG PAGE 02/02 07/20/1999 15: 01 919-715-:-_0_5_~~ '· 512 NORTH SALISBURY STREET ARCl~DALE STATE OF NORTH CAROLINA RALEIGH, NORTH CAROLINA r:::::::, □ AIKEN &.YELLE ASSOCIATES ·~3755 'BENSON DR I VE RALEIGH NC 27609 1 LO GN90779 8,760 ,00000 07/15/:J.9 . <;• SURVEYING · ·ERV ICES FOR PC'.13 LAN.JF IL.L HI i,iARREN COUNTY NEED ~TATE ENT: DDITIONAL TO □GRAPHIC INFORMATION .ON °.'.;THE:·•;,pCB LANnFIL.L ·.SITE IS NE DED IN ORDER TO DC VEIJP THE FINAL DESIGN FOR THE PCB L .NDFILL DETOXIFICATION PROJECT , (SURVEY AT PCB L.ANDF "L.L ) CONTACT PERSON PA ·BACKUS 9 19-'33-4996 , X 308 MAIL INVO! "'E TD; NC DEPARTME:N". rn;· U-J 1,!I i<ClN?-l E:NT ht-rn NATURAL RESOURCES, DIVISION OF WASTE MANAGEMENT , ATT~ MAUREEN BURB£SS, 401 OBERLIN RAD , SUITE 150, RALEI8l NC 27605-1350 .8£RVlCE··PURCHASE ORDER TO :BE r ·. EFFECT FrWM 7-1.6~~;-lj' THROUGH 10-15-9 9, PRICING / ER~lE AND CONDITIDW~ (-)CCEPTAI~LE PER Mf:,lD::; DATED 6-29-99 BY ~AROLD A, YEL E , II AND 7-16-99 HY BYl~ON L.ATIL, CORRECT PURCHASE ORDER AND STOCK NUMBERS MUST APPe:A!'! ON ALL PACl<;AGE5, INVOICES. SHIPPING PAP!eR6 AND COME;8POND~NCE. P,~Ck!N() SUPS Ml.J8T ACCOMPANY ALL SHIPM6:N'rS, SEE AEVl:RSE SIDE FOR ADDITIONAL. INSTflUCTIONS TOTAi. Patricia M. Backus, P.E. 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax To: Michael Bryant Fax: 715-0684 Phone: Re: PCB Landfill Survey 0 Urgent 0 For Review •Comments: Michael, NCDENR -Division of Waste Management From: Pat Backus Date: July 16, 1999 Pages: 6 CC: □ Please Comment □ Please Reply □ Please Recycle I have attached copies the responses I received after sending out the General Contract Terms and Conditions. I hope this is satisfactory. Please call me if there is a problem. I have also included forms 2482 and 2500. There was some confusion over here as to whether I would need these. In any event, I am including them. Look forward to hearing from you. FROM Aiken & Yelle Assoc. PHONE NO. 9198779979 Aiken & Yelle Associates, PA Ms. Patricia Backus PCB Landfill Manager NCDENR Re: Warren County PCB Landfill Dear Pat: Professional Engineers & Land Surveyors 3755 Benson Drive Raleigh, North Carolina 27609 Phone: (919) 877-9992 Fax: (919) 877-9979 July 16, 1999 Jul . 16 1999 10 :54AM Pl I find the General Contract Terms and Conditions you have provided (faxed 07-15-99) to be acceptable, and look forward to commencing with this project. ;;;~ Byron Latil JUL-15-1999 17=07 BASS, NI XON, KENt'-1EDY m N K BASS, NIXON & KENNEDY, INC., CONSUL TING ENGINEERS 7416 CHAPEL HILL ROAD, RALEIGH, NC 27607 919/851-4422 ■ FAX 919/851-8968 July 15, 1999 Ms. Patricia Backus NC DENR Division of Waste Management 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 REF: Survey @PCB Landfill Warrenton, NC General Contract Terms and Conditions Dear Patricia: P.01/01 I have received your FAX of July 15, 1999, concerning the above referenced Project, and I am in agreement with the "State of North Carolina, Department of Environment and Natural Resources, Division of Purchase and Services, General Contract Terms and Conditions" for the above referenced project. Again, thank you for the opportunity to offer our services and if we can be of further assistance, please do not hesitate to call. Very truly yours, Bass. Nixo~ev~ ~ Davenport, PLS EDH/rt TOTAL P.01 07/15/1999 T0t ... 11:25 919 851 7024 ➔ 7153605 antic IP,lS.1999 11111 i i I I I ! i '"""' Palrlcla M, 8~ • Dat. July 16, 19 , ..... 4 cc, · ,., .... Comment Iii""" ..... BecaUMO MvtlAl'IAnce In contrecttng, I fallad to I quote on NVe)'lng et the PCB Lan myraqunt the Gene o qr do not MglVe me . Terms and Conditions and fax ese terms and conditions es soon 5-3605) your OB8lble, If' U, ~m .02a Gl01 p . 1 : ll ( f . ' : ~ -. I '· ' f ' N. C. Department of Environment and Natural Resources Division of Purchase and Services Page_l_of L CONTRACT BUDGET Contract No. Contract System No . _______ _ 7 /16/99 Effective Date 10/15/99 Termination Date Contractor: Contractor Contact: Division of Waste Management Division/Section/Program For Fiscal Year 1999-2000 ---"'Aiw.·.uk~en.i....;&-..Y~e .... l .. l .. e..-Afw.1S~s~o~c .. iai.Lt.lo:.le,..s.._ ____ Purpose: Total Budget: or Purchase Order No. ____ _ Revision No. Survey of PCB Landfill __._R➔yr ........ oo...._J .... ,a .... t,_,._.· ],__ __________ Amendment $ __.8.._.7,...6...,Q,.__ ____________ _ ITEM DESCRIPTION Survey at PCB Landfill (MANDATORY IF FEDERAL Fl.Jl\"DING) CFDA CODE: CONTRACTOR AMOUNT (If Applicable) (CATALOG OF FEDERAL DOMESTIC ASSISTANCE CODE) GL GL Account GL Center Company DENR 2482 (Revised 1/99) LIJ J ' .~tDu\ v \ Division/Section Head or Authorized Agent (r\,land~ory}r------...J DE1'TR CONTRACT AMOUNT 8760 6,LA l«,~~ Division Budget Officer (Mandatory) FOR ASSISTANCE· SEE INSTRUCTIONS ON BACK N.C. Dcpanment of Environment and Nanual Resources Division of Purchase and Services Coottact No. l. A. AGREEl\lENT INFORMATION PARTIES TO THIS AGREEMENT: Division Section Address (PO Box. Street, Ciry, State, Zip) 401 Oberlin Rd, Suite 150 Contract Administrator Telephone Number Contract System No. Purchase Order No. Vendor Number B CoDtractor Aiken & Yelle Associates I.R.S. Number or Social Security Number Check if Applicable Pvv'Non-Profit -t;618337~A Address (to which checks will be malled) (Street, PO Box) 37i;i; Benson Drive (City, State, Zip) Raleicrh. NC 27609 Please check one or the followin&: _ African American owned _ Woman owned _Handicapped owned _ Hispanic owned _Other minoriry owned *None of the above Contractor Contact Penon: Telephone Number Brvon Latil 877-9992 DMSJON CONTRACT COORDINATOR:----'Mi="k~e::;:_:K;.:.;e:.::1::.::1::..,y,...._ _____ _ PHO~'E NO: 733-4996 x203 3. PURPOSE OF AGREEMENT: Survey of PCB Landfill Property 4. .s. 6. 7. 8. TIME PERIOD OF AGREEMENT: Beginning Date _7_1 16 / 99 Ending Date 1&_1.....!2.._1..2..2..._ (CO:-.."TRACT CM:"IOT EXCEED 3 YRS.) Mo Day Year Mo Day Year AGREEMENT STATUS : _L New __ Continuing Revised Year of Initial Agreement _____ _ NEEDSTATEMENT: Additional topographic infonnation of the PCB landfill site is needed in order to develop the final design for the PCB Landfill Detoxification Project. Surveyors are not available on staff and, therefore, the work is being contracted. JUSTIFICATION : ________________________________ _ The contractor selected was the lowest bidder and also perfonned a previous survey at the site. FISCAL INFORMATION : Does this agreement involve disbursement of funds? L_ from DENR _ to DENR. No Federal State Contractor Other Special Total s s 8760 $ s $ S 8760 SUBHEAD: GL Company I te of GL Account 5 3 ~ 'z g 7 GL Center 4 ~ J./ S-- PURCHASE AND SERVICES USE ONLY PAYMENT SCHEDULE: DENR 2500 (Revised 1/99) 401 Oberlin Rd ., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax NCDENR -Division of Waste Management {J-t+ -TEEL ) To: Mr. Byron Latil From: Patricia M. Backus Aiken & Yelle Associates Fax: 877-9979 Date: July 15, 1999 Phone: 877-'fCZCf :z._ Pages: 4 Re: PCB Landfill Bid CC: 0 Urgent □ For Review □ Please Comment 0 Please Reply □ Please Recycle •Comments: Because of my inexperience in contracting, I failed to include the General Terms and Conditions in my request to you for a quote on surveying at the PCB Landfill. Please review the General Contract Terms and Conditions and fax me (715-3605) your reply as to whether you do or do not agree to these terms and conditions as soon as possible. If there are any questions, please give me a call. Thanks Patricia M. Backus P.E. 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax To: Aiken & Yelle Associates Attn: Renee Fax: 877 -9979 Phone: Re: Estimate for Additional Survey Requirements -PCB Landfill NCDENR Division of Waste Management From: Patricia M. Backus Date: June 16, 1999 Pages: 2 CC: D Urgent D For Review D Please Comment 0 Please Reply D Please Recycle •Comments: We are beginning a final design project for the detoxification of the PCB Landfill in Warren County. We reviewed the information you sent from the previous survey with the contractor for the final design project. They requested additional surveying to meet their requirements listed on the attached page. Bill Sessoms who was involved in the previous survey you performed said he talked to Harold Yelle briefly about this. Bill can be contacted for any questions about survey specifics (I'm not a civil engineer) but please contact me for other matters because it is my responsibility to make sure this gets done. I need an estimate of what the cost would be to have this work done and an estimate of when you could do it. This is a critical item for the contactor and we need to obtain this information as soon as we can arrange it. As is usual for the State, I will have to obtain two other estimates for the work also. Thanks for your help To: Fax#: From: Subject: PHOHE HO. 9198779979 -"'="'"""--=~-Ai ken & Yelle Associates, PA ~--. ( A y E s ) Professional Engineers & Land Surveyor.; '¾,. j ~-y 3755 Benson Drive ~--=---=-=-----Raleigh, North Carolina 27609 919-877-9992 Fax 919-877-9979 e-mail ayes@-i.at;i:~~.nM- b<;i.\\ :sou.\"-""~.1. Jul. 01 19'3'3 [l3: 25PM Pl ---e~\ 'bA <...\l..u.-5 Date: lo-~u--99 7/5 3G:.o5 Pages: _b_including this bi ~o ~ '--A..-rtl,. cover sheet ~ A~~N. ?c..o Comments: ----------------------------------------- ' FPc/,: ~i ken & Ye! le Assoc. Ms. Patricia Backus PCB Landfill Manager NCDENR Re: Warren County PCB Landfill Dear Pat: PHONE NO. 9198779979 Ju l . 01 1999 03 :25PM P2 Aiken & Yelle Associates, PA Professional Engineers & Land Surveyors 3755 Benson Drive Raleigh, North Carolina 27609 Phone: (919) 877-9992 Fax: (919) 877-9979 June 29, 1999 We appreciate this opportunity to present this proposal for surveying services regarding the Warren County PCB Landfill. We shall prepare a one foot interval topographic survey which will be tied to NC Grid and the topographic survey previously prepared by Aiken & Yelle, P.A. The area to be surveyed being a 400' apron beyond the fence lines surrounding the previously surveyed area, containing 30 acres more or less. In addition centerline profile and cross-sections (extending 20' beyond the easement lines) will be taken along the access road to the western right-of-way of SR 1604, being a corridor 2,600 LF x 100', more or less. Our fee for this service is $8,760.00 (Eight Thousand Seven Hundred Sixty) If you have any questions regarding this proposal or any other aspect of our service please feel free to contact me. Thank you. ~~ -Cf~ I? (-nc~ fv~r.J ) ~~-'3o~r~ JAMES B , HUNT JR. GoVERNOR WAYNE MCDEVITT SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT Memorandum Date: June 14, 1999 To: Aiken & Yelle Associates 877-9992 phone 877-9979 fax From: William Sessoms Re: Warren County PCB Landfill Please be advised that information and work product related to the Warren County PCB Landfill may be released to Pat Backus with the NC Division of Waste Management. Invoice for services associated with the release of this information should be sent to: Pat Backus NC Department of Environment and Natural Resource Division of Waste Management 401 Oberlin Road Suite 150 Raleigh, NC 27605-1350 Please be further advised that Pat Backus is employed by the Division of Waste Management and that Ms. Backus may authorize any future work or release of information. Mr. Mike Kelly, Deputy Division Director, is Ms. Backus' supervisor and is similarly authorized. If you have any questions, please feel free to call me at 733-0692 extension 266. Thank you, C:\SESSOMS\PCB\MEM0.3 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER· 50% RECYCLED/I 0% POST-CONSUMER PAPER Memo To: Maureen Burgess From: Pat Backus CC Mike Kelly Date: July 9, 1999 Re: PCB Landfill Survey for Phase Ill Final Design I have requested quotes from three surveyors recommended by Bill Sessoms for the additional survey needs outlined by_ ETG. In addition to cost, I requested that each company provide an indication of when they could start the surveying and how long it would take to finish the job. The requests, requirements, and responses are attached and the information they provided is summarizing below. Company Cost Start Duration Bass, Nixon, & Kennedy $13,500 3 weeks from 5 weeks authorization DSAtlantic $9,705 July 12 15 work days Aiken & Yelle $8,760 July 19 30 days (maybe earlier) or less The survey is a critical part of the Phase Ill Final Design project (a five-month, $525,550 project) and is a precedent for many tasks in the project schedule. ETG's desired completion date for the survey work is July 15. However, based on the above, this is not possible. I am asking that you prepare a purchase request for the survery services from Aiken & Yelle as soon as possible. If there are any further questions, please contact me. Thanks. F,~D/'I : Ai ken & Ye! le Assoc. Ms. Patricia Backus PCB Landfill Manager NCDENR Re: Warren County PCB Landfill Dear Pat: PHONE NO. 9198779979 Jul .. 01 1999 03:25PM P2 Aiken & Yelle Associates, PA Professional Engineers & Land Surveyors 3755 Benson Drive Raleigh, North Carolina 27609 Phone: (919) 877-9992 F8X: (919) 877-9979 June 29, 1999 We appreciate this opportunity to present this proposal for surveying services regarding the Warren County PCB Landfill. We shall prepare a one foot interval topographic survey which will be tied to NC Grid and the topographic survey previously prepared by Aiken & Yelle, P.A. TI1e area to be surveyed being a 400' apron beyond the fence lines surrounding the previously surveyed area, containing 30 acres more or less. In addition centerline profile and cross-sections ( extending 20' beyond the easement lines) will be taken along the access road to the western right-of-way of SR 1604, being a corridor 2,600 LF x 100', more or less. Our fee for this service is $8,760.00 (Eight Thousand Seven Hundred Sixty) If you have any questions regarding this proposal or any other aspect of our service please feel free to contact me. Thank you. Patricia M. Backus P.E. 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax To: Aiken & Yelle Associates Attn : Renee Fax: 877-9979 Phone: Re: Estimate for Additional Survey Requirements -PCB Landfill NCDENR Division of Waste Management From: Patricia M. Backus Date: June 16, 1999 Pages: 2 CC: D Urgent D For Review D Please Comment 0 Please Reply D Please Recycle •Comments: We are beginning a final design project for the detoxification of the PCB Landfill in Warren County. We reviewed the information you sent from the previous survey with the contractor for the final design project. They requested additional surveying to meet their requirements listed on the attached page. Bill Sessoms who was involved in the previous survey you performed said he talked to Harold Yelle briefly about this. Bill can be contacted for any questions about survey specifics (I'm not a civil engineer) but please contact me for other matters because it is my responsibility to make sure this gets done. I need an estimate of what the cost would be to have this work done and an estimate of when you could do it. This is a critical item for the contactor and we need to obtain this information as soon as we can arrange it. As is usual for the State, I will have to obtain two other estimates for the work also. Thanks for your help LETTER OF TRANSMITTAL DSAtlantic Date: June 29, 1999 I T 0: NCDENR Attention: MRS. PATRICIA M. BACKUS 401 OBERLIN ROAD RE: WARREN COUNTY LANDFILL PROPOSAL SUITE 150 RALEIGH, NC 27605 WE ARE SENDING YOU~ Attached via Hand Deliver D Under separate cover via The following items: OShop Drawings □Prints □Plans □samples OCopy of Letter □Specifications □Change Order O0ther COPIES DATE NO. DESCRIPTION 1 6/29/99 PROPOSAL FOR SURVEYING SERVICES AT WARREN COUNTY LANDFILL THESE ARE TRANSMITTED as checked below: OFor Approval glAs Requested □Reviewed Submittal(s) OFor Your Use OFor Review and Comment O0ther □FOR BIDS DUE 19 □PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: SIGNED: -------------------CHARLES R. BROWN 801 Jones Franklin Road, Suite 300 Raleigh, NC 27606 919-851-6866 • fax 919-851-7024 DS Atlantic I , <, I \ I I I( S ■ ,\ I( ( 11 I I I ( I S ■ S I I(\ I , l I I{ S ■ I' I \ \ \ I· R S June 28, 1999 Mrs. Patricia M. Backus, PE Division of Waste Management NCDENR 401 Oberlin Road Suite 150 Raleigh, NC, 27605 SUBJECT: FEE PROPOSAL FOR WARREN COUNTY LANDFILL WARREN COUNTY, NORTH CAROLINA Dear :Mrs. Backus: Per your request, DSAtlantic is pleased to submit this Scope of Services and Fee Proposal for professional services on the above referenced subject. I. SCOPE OF SERVICES: l. Provide topographic survey around the landfill fence to the following limits: 400 feet in all directions from the existing fence . The survey will be tied into the existing survey provided by Aiken and Yelle Associates, PA. All visible features shall be identified. 2. Survey shall identify the southwestern property comer and tie this comer into the grid and the adjacent property boundaries. 3. Provide a survey with vertical and horizontal control of the Paul Pope easement and of the easements through the surrounding property that is owned by Warren County. Survey center line profile and cross section along the roadway and extend cross section twenty (20) feet on either side of the easement line. The survey should extend to the western right-of-way line of State Road 1604, and should locate utilities. Locate all utilities within the surveyed area. 4. Provide all survey data in an AutoCad format (Release 14). The surveyor shall generate a topographic map. II. ADDITIONAL SERVICES: DSAtlantic will remain available to provide additional services not included in the scope of this agreement at the request of NCDENR. These services will be performed and billed at the following hourly rates after approval by NCDENR: Survey Crew(2 man) Survey Crew(3 man) Registered Land Surveyor $85.00/hour $95.00/hour $70.00/hou·r 801 Jones Franklin Road Suite 300 Raleigh, NC 27606 (919) 851 -6866 Fax: (919) 851-7024 www.dsatlantic.com l I I \ R I l l I I I ~ C ■ l CJ I l \ I I\ I \ ~ 1 ■ \ I \ ( < l \ . <, \ ■ \ \ ~ 11 \ I I I I . I \ ■ R \ I I I , , l I \ < ■ I( I < I I \\ Cl \ 1 l \ \ ■ \\ I \ '\ I , I \ -~ \ I I \\ . '\ < Mrs. Patricia M Backus, PE NCDENR WARREN COUNTY LANDFILL TOPO 6/28/99 Page2 of 3 Survey Technician Clerical III. SCHEDULE: $50.00/hour $30.00/hour We understand that these projects are to be completed as soon as possible and we propose the following schedules with availability on July 6, 1999 after written "Notice to Proceed". Subject Boundaries will be completed and platted within Fifteen (15) working days. We believe this can be done with your authorization to begin in execution of this Agreement. It is also understood that should we encounter changes to our Scope of Services or unforeseen adverse weather, that the schedule will be adversely affected. IV. FEE AND BILLING: Our lump sum fee for these services is $9,705.00. This fee is valid for 60 days. Reimbursable expenses are not included in this fee and will be billed according to the attached Reimbursable Expense Schedule. Fees are payable with monthly billing based on the percentage complete for lump sum items and or services performed for the hourly rates shown. Fees will be due and payable within 30 days of receipt of invoice. V. CLOSURE: In addition to the items set forth, our Agreement shall include, and shall be subject to the Standard Provisions attached. The term "the Client" as used in the Standard Provisions shall refer to NCDENR. If the foregoing is acceptable, and to authorize us to proceed with these services, please execute this Agreement by signing in the space provided and return one copy for our files. LETTER OF AGREEMENT ACCEPTED FOR NCDENR: Patricia M. Backus, PE 401 Oberlin Road, Suite 150 Raleigh, NC 27605 BY: DATE: TITLE: We appreciate the opportunity to submit this proposal and the prospect of assisting you on this project. If you should have any questions, please call. ;;;- Charles R. Brown, PLS Survey Manager Mrs. Patricia M. Backus, PE NCDENR WARREN COUNTY LANDFILL TOPO 6/28/99 Page 3 of 3 \crb Enclosures: DSAtlantic Standard Terms and Conditions DSAtlantic Standard Billing and Reimbursable Expenses cc: Malinda Brickley DSAtlantic STANDARD TERMS AND CONDITIONS I. 2. 3. 4. 5. d Conditions are attached to and made a part of the foregoing proposal or letter agreement dated June 28, 1999 between _NCDEN ·c Corporation with respect to the project described therein. PERIOD OF OFFER. This offer to provide professional services is valid for ninety (90) days from the date of the proposal, or as may be amended in the proposal by DSAtlantic Corporation (DSAtlantic). DSAtlantic shall have the right to cancel the proposal at any time prior to acceptance. SCOPE OF SERVICES. DSAtlantic shall be obligated to perform only the services described in the proposal for the agreed upon fee and arrangements as stipulated. No representation is made that DSAtlantic is responsible, or accepts responsibility for the following services: a. Certification as to the accuracy or sufficiency of any document prepared by others and provided to DSAtlantic by the Client or as directed by Client. b. Assurance of favorable or timely approval, permitting, and licensing action by governmental agencies as a result of services provided by DSAtlantic. c. Certification as to the correctness of any geotechnical services and/or foundation recommendations performed by others who provide such information or services directly or indirectly to the Client. Client shall inform DSAtlantic of any special criteria or requirements related to DSAtlantic's services. Client shall willingly furnish, at no cost to DSAtlantic, any existing information, drawings, specifications, and reports which will assist DSAtlantic in the performance of its Scope of Services. FEES AND COMPENSATION. In the event that the Client requests DSAtlantic to perform services not specifically described in the Agreement, Client agrees to compensate DSAtlantic for such services in accordance with the hourly rate schedule as set forth by the Agreement unless a written Agreement or Amendment has been signed by both parties otherwise indicating the basis of such additional compensation. BURIED UTILITIES. Ifso stated in the attached proposal DSAtlantic will conduct the research that, in DSAtlantic's professional opinion, is necessary to locate hidden utilities and other manmade objects that may exist beneath the site's surface. The Client recognizes that DSAtlantic's research may not identify all subsurface utilities, underground features, and manmade objects, and that the information upon which DSAtlantic relies may contain errors or may not be complete. The Client will not hold DSAtlantic liable for the consequences of such undiscovered features. CHANGED CONDITIONS. The Client has relied on DSAtlantic in their capacity as a professional engineer, architect or surveyor in establishing the work scope and fee for this project, given the project's nature and risks. The Client shall therefore rely on DSAtlantic's professional engineering, architectural and surveyor's opinion as to the continued adequacy of the Agreement in light of occurrences or discoveries that were not originally contemplated by or known to DSAtlantic. Should DSAtlantic request contract renegotiation, DSAtlantic shall identify the changed conditions which in its judgment make such renegotiation necessary, and the Client shall promptly and in good faith enter into renegotiation of the Agreement to permit DSAtlantic to continue to meet the Cl ient's needs. If renegotiated terms cannot be agreed to, the Client agrees that DSAtlantic has an absolute right to terminate this Agreement. -1- 6. 7. 8. FORCE MAJEURE. No delay or failure in performance by either party shall constitute default hereunder or give rise to any claims if such delay or failure is caused by Force Majeure. ESCALATION. DSAtlantic shall have the right to increase the compensation or rates by up to 10%, payable by the Client to DSAtlantic when the provision of services covered by this Agreement are for a period which extends beyond twelve ( 12) months from the executed Agreement date. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates, computer data or drawing files, and other documents ("Instruments of Service") prepared by DSAtlantic in connection with the performance of its duties hereunder shall be and remain the property of DSAtlantic. Those Instruments of Service retained by DSAtlantic shall be recognized as the originals. DSAtlantic shall retain these records for a period of up to seven (7) years following submission of the Instruments of Service, during which period they will be made available to the Client at all reasonable times at nominal charges to recover retrieval costs. Such documents are not intended or represented to be suitable for reuse by the Client or others on extension of the project or on any other project. Any reuse of Instruments of Service prepared by DSAtlantic without written permission or adaptation by DSAtlantic for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to DSAtlantic and subject to reasonable compensation by Client to DSAtlantic, as determined by DSAtlantic at its sole discretion. 9. OPINION OF CONSTRUCTION COSTS. Since DSAtlantic has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' means or methods of determining prices, or over competitive bidding or market conditions, DSAtlantic's Opinions of Probable Total Project and/or Construction Costs provided for herein are made on the basis of DSAtlantic's experience and qualifications and represent DSAtlantic's best professional judgment as an experienced and qualified design professional familiar with the construction industry. However, DSAtlantic cannot and does not guarantee that proposals, quotes, bids or actual Total Project or Construction Costs will not vary from Opinions of Probable Costs prepared by DSAtlantic. If prior to the Bidding or Negotiating Phase the Client wishes greater assurance as to Total Project or Construction Costs, Client shall employ an independent cost estimator at Client's expense or authorize DSAtlantic to contract for such services which will be considered Additional Services. 10. REIMBURSABLE EXPENSES. Client shall reimburse DSAtlantic for all expenses necessarily or reasonably incurred by DSAtlantic in connection with the performance of profess ional services for Client. Expenses shall be reimbursed at cost plus 10% and include, but are not limited to, the following: transportation and subsistence incidental thereto; long distance telephone charges; data processing expenses; fax charges; extraordinary computer expenses; outside consultants or services; photographic expenses; filing and inspection fees paid by DSAtlantic on behalf of Client to appropriate regulatory agencies or governing public or private entities; document or drawing reproduction or copying expenses; delivery, shipping and courier expenses; and other out-of-pocket expenses incidental to DSAtlantic's performance of service. (Over) 11. 12. 13. PAYMENT TERMS. Invoices for DSAtlantic's services shall be submitted at DSAtlantic's option, either upon completion of such services or on a monthly basis or as may be otherwise indicated in the Agreement. Invoices shall be due and payable within thirty (30) calendar days of the invoice date. If the Client takes issue or objects to all or any portion of an invoice, the Client shall notify DSAtlantic in writing within fourteen (14) calendar days of the invoice date, clearly identifying the nature of the issue or objection, and then pay that portion of the invoice, if any, not in dispute. If the undisputed invoice, or the undisputed portion thereof is not paid within 30 days, DSAtlantic may, without waiving any claim or right against the Client, suspend the performance of further DSAtlantic services until all invoices under this Agreement more than thirty (30) days past due are fully paid, or may terminate the Agreement. Late Payments: Accounts unpaid 30 days after the date of an invoice or undisputed portion thereof may be subject to a monthly service charge of 1.5% on the then unpaid balance ( 18.0% per annum), at the sole discretion ofDSAtlantic. In the event any portion or all ofan account remains unpaid 60 days after billing, the Client shall be subject to all costs incurred by DSAtlantic for collection, including reasonable attorney's fees. HAZARDOUS MATERIALS. Nothing in this Agreement shall impose liability on DSAtlantic for claims, lawsuits, expenses or damages arising from, or in any manner related to the exposure to, or the handling of, manufacture or disposal of asbestos, asbestos products, or hazardous waste in any of its various forms, as defined by the Environmental Protection Agency. It is understood and agreed that this Agreement does not contemplate services related to such materials including use of asbestos or any hazardous waste material. Therefore, Client agrees to hold harmless, defend and indemnify DSAtlantic from all claims, lawsuits expenses or damages arising from or related to the handling, use, treatment, purchase, sale, discovery, storage or disposal of asbestos, asbestos products or any hazardous waste materials ( or hazardous materials in general) related to the Client's project. TERMINATION. This Agreement may be terminated by the Client or DSAtlantic upon seven (7) days written notice should the other fail to perform its obligation hereunder through no fault of the terminating party. In the event of termination, the Client shall pay DSAtlantic for all services rendered to the date of termination, all reimbursable expenses, and termination expenses. 14. DISPUTE RESOLUTION. All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall first be submitted to non- binding mediation pursuant to the American Arbitration Association's rules for Commercial Mediation. 15. APPLICABLE LAW. Unless otherwise specified, this Agreement shall be governed by the laws of the State of North Carolina. 16. INDEMNIFICATION. The Client hereby indemnifies and holds harmless DSAtlantic from any and all claims, damages, losses and expense (including attorney's fees) arising out of the performance of this Agreement, except when such claims, damages, losses and expenses are caused by the neg! igent acts, errors or omissions of DSAtlantic. Inasmuch as the remodeling and/or rehabilitation of any existing building or facility requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the building or facility, the Client agrees that, except for negligence on the part ofDSAtlantic, the Client will hold harmless, indemnify and defend DSAtlantic from and against any and all claims arising out of the professional services provided under this Agreement. 17. 18. 19. 20. -2- STANDARD OF PRACTICE. Services performed by DSAtlantic under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. CONSTRUCTION OBSERVATION SERVICES. If DSAtlantic's construction observation services are included as part of the Scope of Services in the Agreement, DSAtlantic will provide personnel to observe construction to ascertain that it is being performed, in general, in accordance with the plans and specifications. DSAtlantic cannot provide its opinion on the suitability of any part of the work performed unless measurements and observations of that part of the construction work are made by DSAtlantic personnel. DSAtlantic's services do not make DSAtlantic a guarantor of the Contractor's work, and the Contractor will continue to be responsible for the accuracy and adequacy of all construction or other activities performed by the Contractor. The Contractor will be solely responsible for the means and methods of construction; supervision of personnel and construction; control of machinery; falsework, scaffolding, or other temporary construction aids; safety in, on, or about the job site; and compliance with OSHA and other applicable regulations. SEVERABILITY. Should any portion or provision of this Agreement be found to be unenforceable then all other provisions shall remain in full force and effect. FIDUCIARY RESPONSIBILITY. Client confirms that neither DSAtlantic nor any ofDSAtlantic's subconsultants or subcontractors owes a fiduciary responsibility to Client or Owner. Client shall, as a material element of the consideration DSAtlantic requires for performance of the services enumerated herein, require Owner to formally recognize this provision in Client's agreement with Owner.■ June 1998 ■,:■ DSAtlantic CLASSIFICATION Engineer/ Architect V Engineer/ Architect IV Engineer/ Architect III Engineer/ Architect II Engineer/ Architect I Designer IV Designer III Designer II Designer I Technician IV Technician III Technician II Technician I Project Manager III Project Manager II Project Manager I Registered Surveyor 3-Man Crew 2-Man Crew Administrative Assistant Clerical STANDARD BILLING RA TE SCHEDULE June 1999 BILLING RATES BILLING RA TE (Per Hour) Engineers/ Architects $110.00 95.00 85.00 75.00 55.00 Designers/Technicians $80.00 70.00 60.00 55 .00 50.00 40.00 35 .00 30.00 Project Management $115 .00 90.00 75 .00 Land Surveying $70.00 95.00 85.00 Administrative/Clerical $35.00 25 .00 OVER r:,,■ DSAtlantic June 1999 REIMBURSABLE EXPENSES Item Cost Xerox Copies $0.10/Copy Facsimile Transmission $1.60/Sheet Mileage $0.33/Mile Postage Amount on Postage Meter + 10% Long Distance Telephone 0.5% of Total Labor Charges Meals/Lodging Cost+ 10% Photos ( film and processing) Cost+ 10% Prints --Blueline $1 . 00/Sheet Sepia $4.00/Sheet Mylar $10. 00/Sheet Plots 24" X 36" 30" X 42" >30" X 42" -- Paper $7.00/each $10.00/each $1.15 SF Vellum 10.00/each 14.50/each 1.65 SF Mylar 17.00/each 24.00/each 2.85 SF Plotting (by vendor) Cost+ 10% Reproductions (by vendor) Cost + 10% Shipping Cost + 10% Supplies Cost+ 10% Outside consulting and testing services shall be invoiced separately at actual cost plus 10 percent. Patricia M. Backus P.E. 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax To: Bass Nixon and Kennedy Attn: Scott Wilson Fax: 851-8968 Phone: Re: Estimate for Additional Survey Requirements -PCB Landfill NCDENR Division of Waste Management From: Patricia M. Backus Date: June 25, 1999 Pages: 2 CC: □ Urgent □ For Review □ Please Comment 0 Please Reply □ Please Recycle •Comments: We are beginning a final design project for the detoxification of the PCB Landfill in Warren County. After reviewing last survey with the contractor for the final design project, they requested additional surveying to meet their requirements listed on the attached page. Bill Sessoms (733-0692 x266) in our division was involved in the previous survey performed by Aiken & Yelle. I need an estimate of what the cost would be to have this work done and an estimate of when you could do it. This is a critical item for the contactor and we need to obtain this information as soon as we can arrange it. As is usual for the State, I will have to obtain two other estimates for the work also. Thanks for your help \ m N K BASS, NIXON & KENNEDY, INC., CONSULTING ENGINEERS 7416 CHAPEL HILL ROAD, RALEIGH, NC 27607 919/851-4422 ■ FAX 919/851-8968 July 8, 1999 Ms. Patricia Backus NC DENR Division of Waste Management 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 REF: Survey @PCB Landfill Warrenton, NC Dear Patricia: BNK proposes to provide a topographic survey of approximately 35 acres at the Warrenton PCB Landfill. Our survey will include the area 400 ft . from north, south, east, and west fence lines and will include the access road and the area 20 ft. outside the access road. The survey will be "tied" to the existing property corners and the topo datum will be based on the existing bench marks on the site. We will be able to start the survey within 3 weeks of authorization to proceed and will have the finished survey within five weeks of authorization to proceed. Our lump sum fee for this work will be $13,500.00. Thank you for the opportunity to offer our services and if we can be of further assistance, please do not hesitate to call. Very truly yours, Bass. Nixon & Kennedy, Inc. ~Q ~ Edmund H. Davenport, PLS EDH/rt 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax To: Mr. Ed Davenport Bass, Nixon, & Kennedy Fax: 851-8968 Phone: Re: PCB Landfill Bid 0 Urgent □ For Review NCDENR -Division of Waste Management From: Patricia M. Backus Date: July 15, 1999 Pages: 4 CC: D Please Comment 0 Please Reply D Please Recycle •Comments: Because of my inexperience in contracting, I failed to include the General Terms and Conditions in my request to you for a quote on surveying at the PCB Landfill. Please review the General Contract Terms and Conditions and fax me (715-3605) your reply as to whether you do or do not agree to these terms and conditions as soon as possible. If there are any questions, please give me a call. Thanks JUL -08-1999 11: 32 BASS , NI xrn, KENNEDY _ _ p · 0i ' '\ DA.')~, NIAVl"II ""'A.J;NNWY, INC., CONSULTING ENGINEERS □ I .. ., I I 6.. f ' ' 919_ 851-4422 7416 CHAPEL Hill ROAO, RALEIGH, N. C. 276-07 IJI.I la.a TEL~-. NO. (919) 851-4422 FAX NO. (919) 851-8968 FACSIMILE TRANSMITTAL TO: /\J e_ D f j\J R GENTLEMEN: WE ARE SENDING YOU 0 SHOP DRAWINGS 0 COPY Or L~TTEA PAGES DATE NO. THESE ARE TRANSMITTED O FOR REVIEW AND COMMENT □ FOR APPROVAL NOTE: FAX NO. 0 CHANGE OFIOEA □ PASE 1 OF 2 0 SPECIFICATIONS DESCRIPTION □ AS REQUESTED □ FOR YOUR USE SIGN!m: IF THIS FACSIMI~E IS INC MP~ETe OR GAFl8LEO. CONTACT THE SENDER AS SOON AS POSSIBLE. OAI6INAL TO FOLLDN SURVEY REQUIREMENTS FOR PCB LANDFILL DETOXIFICATION DESIGN 1. Topographic survey around landfill to the following limits: • 400 ft from northern fenceline • 400 ft from eastern fenceline • 400 ft from southern fenceline • 400 ft from western fenceline The survey needs to be tied to the NCGS monuments and tied into the topographic survey previously performed by Aiken & Yelle Associates, PA. All visible features shall be identified. 2. Survey shall identify the southwestern property comer and tie this comer into the grid and adjacent property boundaries. 3. Provide a survey with vertical and horizontal control of the Paul Pope easement and of the easements through the surrounding property that is owned by Warren County. Survey centerline profile and cross section along the roadway and extend cross section 20 ft on either side of the easement line. The survey should extend to the western right-of-way line of State Road 1604, and should locate utilities. Locate all utilities with the surveyed areas. 4. Provide all survey data in an AutoCAD format (Release 12.0 or higher). The surveyor shall generate a topographic survey map. , 1) 'T,;foY<\.f l: L S.<N<✓~ cv,r-oVvY"J) I a,.,...j)[} / +c, +L..A.-¼\ \ o~: --~ \ ,· VV\ 1 1 t"-S. : • 4CO .r\-~ovV\. No\"~l..U-~ ~~C.~ \; ~~ • 2f-CO r-1-~ = ""'-~ c,._-::, \_.....__.... ""' ~....__..,_c_ -L \ ; ""--'L • ~co +\-~C>~ ~'-'--+l~~ ~~t..t. \; V\~ ~ 4CO ~\-~C>~ lAks.\-~"" ~<:_-Lli'~ o~"'~\-:C>V\,~ V\.~~ .\---c k +a..L~ i ..__ c... ~ v-J? H-~}-\--\': ~; + L 0-So _q __ ~c:__ : -~. 'A\ ,;,. <:, 1::-l ~ ---t. I ...v1 °'-t, o .,__ .s. V\_~~ ~c1~ .... 1: k ..\--; -uJ2 I v<l-h -tL--L___ .9-r: oV ,( t LA,< , -~ ... ..,..;\.\ Al F ro , VV\~ fy1 'j/,• Jc~ C) lf ~ \ \-11.._ .4 !::.SO~ ,·~+~s 1=)4_ . 4., I Vi' 5 ,' ~ / --L /) .(;_ Q ./-u,, ...e .S. -sl ;,j I b_,.l____ ,c/~1-.·.r:~ .. 0'3 :20 '31'3 851 7024 ➔ 7153605 tllJ . 778 DSAtlantic FACSIMILE TRANSMITTAL COVER SHEET TO COMPANY PATRICIA M. BACKUS NCDENR TELEPHONE 919 733-4996 XJ08 FAX PHONE 919 715-3605 -------------- TOTAL PAGES INCLUDING COVER SHE.ET 8 ----- ORIGINAL TO BE SENT j8J FROM CHARLES R. BROWN DA TE 6/29/99 TIME 9:30AM PROJECT WARREN COUNTY LANDFILL PROJECT NO. ________ _ RE: -------------- REMAR)(S: HERE IS OUR PROPOSAL AND FEE. THE ORIGINAL WILL FOLLOW IN THE MAIL. THANK YOU FOR THIS OPPORTUNITY TO BE OF SERVlCE. lF YOU HA VE ANY QUESTIONS, PLEASE FEEL FREE TO CALL ME@ 919-851-6866 X:269 SB-yyt J. ~ 85J -it>8(p(o x oZ 84 The information contained in tnis facslmtle message (unleas otherwise indicated) i~ privileged and confidential information intended for the use of the fndlvldual or entity named above. If the reader of this msssage is not tha intended recipient, you are hereby notified trial any dissemination, distribution or copying of this communication Is strictly prohibited. If you received this communication in error. please notify us by telephone and return the original message to us at tt\e address shown below via the U.S. Postal Service at our expense. PLEASE ADVISE IF YOU DO NOT RECEIVE ALL OF THE PAGES/ 801 Jones Franklin Road. Suite. 300 Raleigh, NC 27606 91 9-851-6866 • fax 919-851-7024 09:20 919 851 7024 ➔ 7153505 DSAtlantic F;N(; !NF. f:.R.S. ARCH ITEC r:-. s u nvEYORS . PLANNI: ll ~ June 28, I 999 Mrs. Patricia M. Backus, PE Division of Waste Management NCDENR 401 Oberlin Road Suite 150 Raleigh, NC, 27605 SUBJECT: FEE PROPOSAL FOR WARREN COUNTY LANDF.Il,L WARREN COUNTY, NORTH CAROLINA Dear Mrs. Backus: Per your request, DSAtlantic is pleased to submit this Scope of Services and fee Proposal for professional services on the above referenced subject. I. SCOPE OF SERVICES: t'-10 .778 1. Provide topographic survey around the landfiH fence to the following limits: 400 feet in all directions from the existing fence. The survey will be tied into the existing survey provided by Aiken and Yelle Associates, PA. All visible features shall be identified. 2. Survey shall identify the southwestern property corner and tie this comer into the grid and the adjacent property boundaries. 3. Provide a survey with vertical and horizontal control of the Paul Pope easement and of the easements through the surrounding property that is owned by Warren County. Survey center I ine profile and cross section along the roadway and extend cross section twenty (20) f~t on either side of the easement line. The survey should extend to the western right-of-way line of State Road 1604, and should locate utilities. Locate all utilities within the surveyed area. 4. Provide all survey data in an AutoCad :format (Release 14). The surveyor shaH generate a topographic map. II. ADDITIONAL SERVICES: DSAtlantic will remain available to provide additional services not included in the scope of this agreement at the request .ofNCDENR. These services will be perform.ed and billed at the following hourly rates afte.r approval by NCDENR: Survey Crew{2 man) Survey Crew(3 man) Registered Land Surveyor = $85.00/hour $95.00/hour $70.00/bour 801 Jones Franklin Road Suite 300 Raleigh, NC 27606 (919) 851-6866 Fax: (919) 851-7024 www.dsa.tlantic.com 09:20 919 851 7024 ➔ 7153505 Mrs. Patricia M. Backus. PE NCDENR WARREN COUNTY LANDFILL TOPO 6128/99 Page2o/3 Survey Technician Clerical UL SCHEDULE: $50.00/hour $30.00/hour HO. 77E: We understand that these projects are to be c01upleted as soon as possible and we propose the following schedul.es with availability on July 6, J 999 after written "Notice to Proceed". Subject Boundaries will be completed and platted within Fifteen (15) working days . We believe this can be done with your authori.zation to begi.n in execution of this Agreement. It is also understood that should we encounter changes to our Scope of Services or unforeseen adverse weather, that the schedule will be adversely affected. IV. FEE AND BILLING: Our lump sum fee forthese servi.ces is $9,705 .00. This fee is valid for 60 days. Reimbursable expenses are not included in this fee and will be billed according to the attached Reimbursable Expense Schedule. Fees are payable with monthJy billing based on the percentage compJete for lump sum items and or services perfom1ed for the hourly rates shown. Fees will be due and payable within 30 days ofreceipt of invoice. V. CLOSURE: In addition to the items set fonh, our Agreement shall include, and shall be subject to the Standard Provis.ions attached. The term "the Client" as used in the Standard Provisions shall refer toNCDENR If the foregoing is accepta.ble, and to authorize us to proceed with these services_. p.lease execute this Agreement by signing in the space provided and return one copy for our files. LETTER OF AGREEMENT ACCEPTED FOR NCDENR: Patricia M. Backus, PE 401 Oberlin Road, Sui.le 150 Raleigh, NC 27605 BY: --------------- DATE: --------- TITLE: -------~----- We appreciate the opportunity to submit this proposal and the prospect of assisting you on this project. If you should have any questions, pl.ease call. s;;- Char]es R. Brown, PLS Survey Manager 09:20 919 851 7024 ➔ 7153605 Mrs. Pa.tricia M. Backus, PE NCDENR W.4RR.EN COUNTY LANDFILL TOPO 6128/99 Page3 of 3 \crb Enclosures: DSAtlan.tic Standard Terms and Conditions DSAtlantic Standard Billjng and Reimbursable Expenses cc: Maljnda Brickley t'-lO . 778 06/~~l/1999 09:20 919 ~0 :!:l :.:; ..:. ~~I I ~ Ii ~ t1 '::·: DSAtlantic 851 7024 ➔ 7153605 t--1O . 778 Gl05 STANDARD TERMS AND CONDITIONS These Standarrl Tem1s and Conditioiis 11re alh'iched LO rind ri1ade ~ pai:UiFI.Jieforegoliig pi:op1.isiil or lei.lei: agreeme11l dated June 2_!,, l \199 berween _ NC DEN _(Clicn.t) and DSAtlantic Corporation "!ilh ro~Jie~tJ9'.~~:pr9Jeti(q~~t:r:i~iaj t~erei11. • · · · ·· · · · ·· · l . 2. 3. 4. rERJOI> OF OFFER. This offerto provide professional services is valid for ninety (90) d.ays from the dm:e of the proposQI, or as moy be amended in the proposlll by DSAtl11ntic Corporation (DSA1luntlc). DSArlantic-shall have the rightto c1111ccl the proposal at any tin,c prior to acceptance. SCOPE OF SERVICES, .DSAtlontic shall be obligated to perform only the sc.rviccs described in the proposal far the ogreccl upon fee 811.d llffllllgcmcrns as stipulated . No repJ'cscntation is made that DSAtJ111ttJc is responsible, or accepi:s responsibility for 1he follow ill@. services: a. Certification as to the accuracy or sufficiency of any document prepared by others and provided to DSArlonrtc by the Client or as dlrected by Cl I ent b. AssUJ"llllce of favorable or timely approval, permitting, anQ licensing action by governmental agencies as a result of services provided by DSA.tlontlc. c. Certificotion ns to the correc1ness of any seo-technicDI serv-ices nnd/or foundntion recornmcndlltions performed by others who provide: such infonnation or sc.rviccs directly or indircctJy 10 the Clic:nt. Client shall infonn DSA.rlanlic ohny special Gliteria or requirements related to DSAtlantic's services. Client shall willingly furnish, al no cost to DSAtlnntic, any existing information, drawings, ~itic11tions-, and repom which will assist DSAtlanric in the pcrformill!Cc of i?S Scope of Serv icc:s. FEES AND COMPENSATION. Jn the event that the Client tequtst5 DSAdalltk to perfom1 services not speci ficnlly described in the A,sreemcnt, Client asrees to cornpcns~tc DSAtlantJc for such seJVicc:s i:n accordance with tJ1c hourly rate schedule as set forth by tbe Agreement unless a written Agreement or A1nendme1u has been signed l>y both parties otherwise Indicating the bQSis of 91l~h addiliJJnal compensation. BUJllED UTILITIES. lfso stated i.TJ the att~ched proposal DSAtlaRtk will conduct the research that, in DSA.tlontfc's professional opinion, is necessary to locAte hidden ,1til.ities and ocher manmocle obJeCT~ that may exisc beneath the si1e '$ &\lrfoce . The Client recognius lhnt DSAtltmric:'.~ resenrch mny not icJentify nil s11bsur1'ace utililies, undergro11nd features, and m1111rnwle objectS, and that the information IJPOn which DSAtlantic relics may contain errors or may not be complclc. The Client wil I not hold DSA.tlonlic liable for the cons~qucnces of such undiscovered fcatu1·cs. CHANGED CONOmONS. The Client hllli reliecl on DSAtl.antic in their capacity ns a professional engineer, vrchitcct or su!"Yeyor in establishing the work scope and :fee for 1his project, sive1i the project's nature 811d risks. The Clien, shall therefore rely on DSAtlantic's professional engineering, architectural and surveyor's opinion as to the continued adequacy o:fthe Agreement in light of occurrences or dlscoverles that we1-e Mt orl~lnally conei=mphftcd by or known to DS.Atfomlc. S.hould .DSAtlunrlc reque~t co11u-ac1 r<:nest1tiinion, DSAtlM,ic 5hall identify lh0 chMged conditions wtiich in itSjudi;rncm make such rtnc:gotiati.on ncccm1ry, and the Client shall prt1mplly an.d in good faith entor into renegotiation of the Agreement to perroit DMtllUltic to continue to meet tlle Client's needs. Ir renesoti 1ned terms Cfm11ot be Qfi;ftcd to, the ClieJlt E1grees that DSAtlanlic has an absolute rlQh't to tenninatc this Agreeme111. 6. 7. 8. 9. FORCE MAJEURE. No delay or failure in performan~ by either ptirty shall constitute default hereunder or sive rise to any cluims if such delay or failure is cau~cd l>y Force M~jcurc . ESCALATJON. DSAtlontk shall have lhe right to incr=e the compensation or mies by up to 10%, payable by the Client to DSA,tantic when the: provision of services covered by lhls Agreement are for a period which extends beyond twelve (12) months from the executed Agreement date. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports, plnns, specil'iceitlons, field dam, field notes, laborat£Jty test data, calc1.1l ations, estimates, computer data or drawins tiles, and other docun.,.ents ("Instruments of Servi~'') prepared t,y DSAtlamtc in connection \vith lhe perfonnnnc:e af its dt1ties hereunder shall be and remain the propcny of DSAtl1111tic. Those lnSIJ\lmenlS of Serv ice retained by DSAtlantic shall he recognized as lhe originals. DSAtlantlc shQII retain these records for a perlod ofup to seven (7) yeiiTS following submi$sion oflhe Ins1JUments ofSetvi.c:e, during which period they will be made fl'Yailflble 10 lhe Client ia all rc11Sonablc ·times Ill nomimil ch~cs to n::covcr retrieval cosl5. Such documc:nts are not h1tended or represented 10 be: suiiablt for reuse by the Client or others on extension of the project or on any other project. Any rc1.1se of Instruments of Service prc:pwcd by DSAtlantic without written pem1i.ssion or adaptation by DSAtlantic for the specific purpose intended will be at tbe Client's sole rtsl. and without liability or legal exposure to DSAtlantic and S11bjecl to reasonable compensation l>y Client to DSAtlantic, as determined by DSAtlantic at its sole discretion. OPINION OF CONSTRUC-rION COSTS. Since: DSAtla1Uic h.115 no control over the cost of labor. materials, equipment or services furnished by others, or over Ilic Con1r.ictor(s)' rneans or methods Clf determining prices, or over competitive bidding or market cond.itions, DSAtlanrlc's Opinions of Probable Total Project and/or Constroctlon Ci>sls provided for herein are made on the basis of DS,tt/1mtic't experience and qul\l itic~ti0ns and repreS(:1'Jt DSAt/antic's best professional judgment as an ewerienced and qm1lificd design profcsSiOnal famili11r wilh tnc constrac1ion industry. However, DSAtlantic cannot Hild does not guarantee that proposals, quotes, bids or actual Total Project or Construction Costs will not vary fro1n Opinions of Probable Costs prepared by DSA.tltmtic, If prior 10 the 13idcling or Negotiatlng Phase the Client wishes gre:uer nssurance Q9 10 Totul Project or Consuuc1ion Coru, Clien1 ,hwl employ an independent cost estimu1or en Client's exp~nse or 11ulhonzc DSAtt,mric to contract for such services which will be considered Addttionnl Services. l 0. REJMDlJKSABl..£ EXPENSES. Client shal l reimburse DS,W,mtic :for all expenses 11ecessarily or tcasonably incurred by DSAtlalitic in connection wilh lhe perfonnance of professi.onal services for Client. Expenses shall be reimbursed at rost plus 10% and include, but are not llmltecl kl, lhe followin€,: 11ansportation and subsistence incident.al thereto; long distance telephone ch.aJ&c:s; data processing expenses; fax charges; extraordinary computer expenses; outsl1le consultants or services; photographic expenses; filing and inspection to0s paid by PS.Atlantic on -Pehalf0fClient to npproprfa1e n:g1.11t1tory 11sencies or govemins public or priv~te emlties; document or drawins reprod11ctiQn or copyins expc:nscs; dc:livery, shippint and courier C1'pe11ses; and other ou1-of-p0ckei expenses incidental to .DSAtlanllc 'I performance of service. 11. 12. 13, 09:20 919 851 7024 ➔ 7153605 PAYMENT TEJt'lS. lnv11ices for OSAtlantic 's services shal I be submin'Cd at DSA.lllffllic 's option, either upon completion of such mv lees or on a monlhly basis or 0s mlly he otherwise ind I e11ted in the Agreement. Invoices shall be due ,ind payable within thirty (30) calendar d.llys ofthe invoice dace. lfthe Client tilkos issue or objects 10 al.I or ll!'IY ponion OfBll invoice, the Client 5.hall notify DSAJ./antlc in writins within fourtccm (14) calendar days oflhe invoice date, clearly identifying Ille nature of the Issue or objection, ind then puy dun portion of the invoice, if ~y, not in dispute. lfthc undisputed invoice, or the undisputed portion thereof is not paid williin 30 dJ.ys, DSAtlalflic m:,y, without waiving 1111y clnim or right /lgilinst Lhe Client, suspend the perform1U1ce offurthcr DSAllantlc services until all invoicc:s under this Agrccmenr more dian thirty (30) days pnst due are fully paid, or may terminllte che Agreement Late Payments; Accounts unpaid 30 days Qfief the date of illl invoice or undisputed portion thereof may be subject to a monthly service charge of 1.5% on lhe then unpaid balance (18.0% per annum), at tne sole discretion ot"DSAt.lanrt". In lhe event MY p0rtlon or i:ill ofiln uccount rc:m11ins unpaid 60 days alter billin€,, the Clienc shall be subject to all costs incurred by DSAIIR11fic for collection, including re@so1111blc attorney's fees. HAZA.ROOUS MATERIALS. Nolhliig in this Agreemem shell impose Hab\lir.y on DSAd.antic for clBims, lawsui,s, expenses or damages arising from, or i.11 any monner related lO lhe exposure I.O, or the handling of, manufacture or dlsposlll of asbes1os, nsbeS\0$ products, or hazill'dous waste in any of ics various forms, as defined by lhe Environmental Protc:ction Agc:ncy, lt is undc~tood and agreed th•t this Agreement does not contemplate services related to such matenllls including use of 11Sbestos or any hazardous w~1e material. Therefore, Client agrees to hold harmless, defend und indemnify DSAtlanttc from llll clalmi, lawsuit.~ expenses or d11m~ges arising from or related to the himdlinS, use, 1n:atrn.1,nt, purchRSe, sale, discovery, storage or disposal of I\Sbcstos, asbestos products or any hazardous wa$te materials (or hazlll'dous materials in general) related 10 the Client's project. TERMIN.A TION. This Agreement n1ay be termlnnted by the Cl lem or DSArlantlc upon seven (7) doys written notice: should the other fail to perform ii:s obli~ation he:reuader through no fault of the termill.llting parry. Jn the event of termination, the Client sh al I pay DSA.tlimric for all services rendcn:d to the date oftcrmination, al I reimbursob!e expenses, Md ttrmination expenses. 14. DISPUT£ RESOLUTION, All cl11ims, "isputcs or co"1rovcrsi,s arising out of, or in relation to the interpretation, application or enforcement ofthls Agreement shall first be submiLred LO nc111• hindi~g mediatio11 pursunnt to the AmericOll A.rbitrQtion Assoi,::iatiim's rules forCommmkil Mediation. 15, APPLICABLE LAW. Unless otJ1erwlse specified, lllis Agreemeoi shall be governed by the laws of Ille Scale of North CilTOlinli. 16. JNDEMNTFICATION. The Client l,ereby indemn.ifies tind holds harmless DSAtla.nrii:-from any and all claims, damages, losses and expense (including attorney's fees) nrisins out of the pc:rform1111ce of thls Agreement, except when such cl11ims, d11.mages, losses and e)(penses ore caused by lhe ncslii;ent acts, erro.rs or omissions of DSAJlanlic. Inasmuch as the remodeling and/or reh~blliuuiM of llny existing building or f.acil\ty tequires that certain assumptions be mildc regarding existing conditions. ond because some oflhese 11!.Sumplions rn~y not be verifiuble without expending addirional sums ofmonc:y, or destroying otherwise adequate or sel'lliceable po111ons of the building or facllicy, tl\e Client agrees that e:,,,cep1 for negligence on Irle part ofDS,ttl1111tii=, the Client will hold harmless, indemnify Md defend DSAlfanllc from and against any and all claims arisi!Jg out oftlie professional services provided unc]er this Agn:cmenL 17. 18. 19. 20, -2- t--llJ.778 STANDARD OF PRACTICE. Services performed by DSAtlantic under fhls Agreement will be conducred in a manner consistent with that level of Cltr<l and skill ordinarily exercised by members of the profession currently practicing in the same localiry under similar conditions. No ocher representmion, expressed or implied, and no warranty or guarantee Is included OT in1ended in [his Agreement, or in 1111y report, opinion, document or otherwise, CONSTRUCTJON OBSERVATION SERVICES. If DSAtlantic's construction observation services areincluded as part of the Scope of Services in die Agreement, DSAtlamJ~ will provide personnel [a observe cons1ructlon to ascel'Ulin th at it is being performed, i.n general, in accordance: with. the plans and specifications. DSAtlantic cannot provide: its opinion 011 the: suitability of any pan of the work performed unless mcasurcmcn.ts and observations of that part of the construction work ace mode by DSAdantfr ~nm:!. ))SA flantic·'s services do not make: DSAtlantic a guarantor of the Contractor's work. and the Contractor will continue to be responsible for the accuracy aJld adequacy or all construction or other activities performed by lhe Conttacrtir. The Contrf!C(O:r will be $Glely n:,ponsible for Lhe ITl(:IUlS and mclhods of construction; supervision ofpmonnol 1111d constmcii,;m; comrol of machinery; fals~work, scuffol dins, or other tempora:ry eonstruction aids; safety in, on, or about thcjoll sito; and compli!u1cc with OSHA and other applicable regulations. SEVERABlLITY. Should any ponion or provision ofthis A~reement be found to be unenf.orceab[e then all other provisitms shall remllio In full force and et'feet:. FIDUClARY RESrONSJBJLffY. Client confirms !hat ncilhcr DSAtlantlc nor any of.D&ttlaniic's subconsultanu or subcontractors owes tl fiducimy responsibility to Client or Owner. Client shall, os c, material elemen1 of the consideration DSAtla111it! requires for performance of 1he services enumerated herein, requite Owner to form1llly rc:ct:isnize this provisiori in Client's agrc:c:m,;nt with Owner.■ Ju"" 19911 09:20 919 851 7024 ➔ 7153605 NO.778 ~~ ::~ ----;J DSAtlantic CLASSIFICATION Engineer/ Architect V Engineer/Architect IV Engineer/ Architect III Engineer/ Architect II Engineer/ Architect I Designer IV Designer III Designer II Designer I Technician IV T ecbnician III Technician II Technician I Project Manager III Project Manager II Project Manager I Registered Surveyor 3-ManCrew 2-ManCrew Administrative Assistant Clerical STANDARD BILLING RATE SCHEDULE Jun.e 1999 BILLING RATES BILLING RA TE (Per Hour) Engineers/ Architects $110.00 95 .00 85.00 75.00 55 .00 Desiguenrr echnicians $80.00 70.00 60.00 55.00 50.00 40.00 35.00 30.00 Project Management $115.00 90.00 75.00 Land Surveying $70.00 95.00 85.00 Administrative/Clerical $35.00 25.00 OVER ' 06/29/1999 09:20 919 851 7024 ➔ 7153605 NO .778 , June 1999 REIMBURSABLE EXPENSES Item Cost Xerox Copies $0.10/Copy Facsimile Transmission $1 . 60/Sheet Mileage $0.33/Mile Postage Amount on Postage Meter + 10% Long Distance Telephone 0.5% of Total Labor Charges Meals/Lodging Cost+ 10% Photos (film and processing) Cost+ 10% Prints BlueHne $1 . 00/Sheet Sepia $4.00/Sheet Mylar $10.00/Sheet Plots 24" X 36'' 30" X 42" >30'' X 42" --Paper $7 .00/each $10.00/each $1.15 SF Vellum 10 .00/each 14.50/each 1.65 SF Mylar 17.00/each 24.00/each 2.85 SF Plotting (by vendor) Cost+ 10% Reproductions (by vendor) Cost+ 10% Shipping Cost+ 10% Supplies Cost+ 10% Outside consulting and testing services shall be invoiced separately at actual cost plus l 0 percent. 401 Oberlin Rd., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax To: Mr. Tom Bell DSAtlantic Fax: 851-7024 Phone: Re: PCB Landfill Bid 0 Urgent D For Review NCDENR -Division of Waste Management From: Patricia M. Backus Date: July 15, 1999 Pages: 4 CC: D Please Comment 0 Please Reply D Please Recycle •Comments: Because of my inexperience in contracting, I failed to include the General Terms and Conditions in my request to you for a quote on surveying at the PCB Landfill. Please review the General Contract Terms and Conditions and fax me (715-3605) your reply as to whether you do or do not agree to these terms and conditions as soon as possible. If there are any questions, please give me a call. Thanks ... Patricia M. Backus P.E. 401 Oberlin Rd ., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 NCDENR Division of Waste Management Fax To: DSAtlantic Corporation Attn: Charlie Brown Fax: 851-7024 Phone: Re: Estimate for Additional Survey Requirements -PCB Landfill From: Patricia M. Backus Date: June 24, 1999 Pages:~.3 CC: □ Urgent □ For Review □ Please Comment 0 Please Reply •Comments: □ Please Recycle We are beginning a final design project for the detoxification of the PCB Landfill in Warren County. After reviewing last survey with the contractor for the final design project, they requested additional surveying to meet their requirements listed on the attached page. Bill Sessoms in our division was involved in the previous survey performed by Aiken & Yelle. Bill can be contacted (733-0692 x266) for any questions about survey specifics (I'm not a civil engineer) but please contact me for other matters because it is my responsibility to make sure this gets done. I need an estimate of what the cost would be to have this work done and an estimate of when you could do it. This is a critical item for the contactor and we need to obtain this information as soon as we can arrange it. As is usual for the State, I will have to obtain two other estimates for the work also. Thanks for your help .. DATE TIME 06.22 12:30 06.22 1 2: 3 1 06.22 1 4: 51 06.22 15: 0 5 06.22 15:06 06.22 1 5: 1 0 06.22 15: 1 3 06.22 1 6 : 1 1 06.22 16: 20 06.22 16: 50 06.23 08:00 06.23 09:03 06.23 09:04 06.23 09:05 06.23 10: 53 06.23 11: 20 06.24 08:33 (16. 24 08:47 06.24 08:48 06.24 08:50 06.24 08:51 06.24 08:55 06.24 09:09 06.24 1 1: 1 3 06.24 11: 22 06.24 11:32 06.24 13:27 06.24 13:29 06.24 14:33 06.24 14:36 ACTIUITV REPORT (T:X:) 06.24.1999 14:38 9197153605 SOLID WAST E DIU DURATION REMOTE ID MODE PAGES RESULT 00 ' 00 " 715 6794 63 0 ItHERR UPT 0 1' 15" 919 715 6794 ECM 3 0. K . 01 J 55n 335 6107 ECM 7 0. K . .:, 00 ' 44 " 919 733 9413 G3 1 0. K . 01' 29" 864 234 1432 ECM 3 0. K. 00' 54" 919 7153060 ECM 2 0. K. 00' 51" 9197334299 ECM 2 0. K . 00 ' 48 ·"' 975 3716 63 2 0. K . 02 ' 03" 9103136094 ECM 3 0. K. 00 ' 50 " 9197150166 ECM 1 0. K. 02' 59" 9 19 733 9413 63 6 0. K. 00 ' 45" 919 510 7024 ECM 2 0. K. 00 ' 00" 96837662 63 0 N.G.25 00 ' 51" 6837662 ECM 2 0. K. (1 1 ' 1 4 " 3367489466 ECM 3 0. K. 0 1 '30'·" 82026247875 ECM 2 0. K. 00' 34'·' 9197150166 ECM 1 0. K. 00 ' 00 " 97156794 63 0 N.G.20 00' 00" 97156794 63 13 N.G.2 0 00' 00" 97156794 63 0 N.G.20 0 3 ' 14" 919 715 6794 ECM 4 0. K. 03J35n 919 733 9413 63 e 0 . ~( . 0 1 ' 1 1 ,., 9107903111 ECM 3 0. K. 0 0 ' 3 1" 919 733 9413 63 1 0. K. 00 ' 22" 9 198289240 ECM 1 0. K. 0 1 ' 1 9" 336 771 4631 ECM 2 0. K. 00' 00" 97150166 G3 I) INTERRUPT 01' 30" 9197150166 ECM 3 0. K. 01 ' 0 7" 919 733 8493 ECM 3 0. K. 0 1 ' 10" 919 851 7024 ECM 3 0. K. Patricia M. Backus P.E. 401 Oberlin Rd ., Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 x308 Fax: 919-715-3605 Fax To: Bass Nixon and Kennedy Attn: Scott Wilson Fax: 851-8968 Phone: Re: Estimate for Additional Survey Requirements -PCB Landfill NCDENR Division of Waste Management From: Patricia M. Backus Date: June 25, 1999 Pages: 2 CC: □ Urgent □ For Review □ Please Comment 0 Please Reply □ Please Recycle •Comments: We are beginning a final design project for the detoxification of the PCB Landfill in Warren County. After reviewing last survey with the contractor for the final design project, they requested additional surveying to meet their requirements listed on the attached page. Bill Sessoms (733-0692 x266) in our division was involved in the previous survey performed by Aiken & Yelle. I need an estimate of what the cost would be to have this work done and an estimate of when you could do it. This is a critical item for the contactor and we need to obtain this information as soon as we can arrange it. As is usual for the State, I will have to obtain two other estimates for the work also. Thanks for your help ... DRTE TI ME 06 .22 16 :20 06 .22 16 : 5 0 06 .23 08 :00 06 .23 09:03 06 .23 09:04 06 .23 09 :0 5 06.23 10 : 53 0 6.23 11: 2 0 0 6.24 08 :33 06 .2 4 08 :47 06 .24 0 8 :48 06 .24 0 8:50 06 .2 4 08 :51 06 .24 08 :55 06 .2 4 09 :09 06 .2 4 1 1 : 1 3 0 6 .24 11: 2 2 06 .2 4 11: 3 2 06.24 13 : 27 06.2 4 13 : 29 06 .2 4 14 :33 06 .24 14: 36 0 6 .2 4 14: 4 7 06 .24 1 5: 2 5 06 .24 15 :51 0 6.24 16 :23 06 .2 5 08 : 16 06 .25 08 :59 06 .2 5 09 : 1 7 06 .25 09 :47 RCT I I.) I T 1/ 06. 25. 19 "3 9 9197153605 SOLID WRSTE DI U DUR RT I Ot, REM OTE I D MODE PR6ES 02 ' 03 " 9103 136094 ECM 3 00) 5 0 )) 9 197 15 0 166 ECM 1 02' 59 " 9 19 733 94 13 G3 6 00' 45 " 9 19 5 10 7024 ECM 2 00' 0 0 " 96837662 63 0 00 ' 5 1" 6837662 ECM 2 0 1' 14" 33674894 66 ECM 3 01 ' 3 0" 82 026247 875 ECM 2 00' 34" 9 197 150 166 ECM 1 00' 00" 97 156794 63 0 00' 00" 97 156794 6 3 0 0 0 ' 00 " 97 156794 63 0 0 3' 14" 9 1 9 7 15 6794 ECM 4 03' 35" 9 1 9 733 94 13 63 c, 0 0 1 ' 11" 9 1 07903 111 ECM 3 00' 3 1 " 9 19 733 94 1 3 63 1 00' 22" 9 1982892 40 ECM 1 0 1 ' 19 " 3 3 6 771 4631 ECM 2 00 ' 00 " 97 150 166 63 0 0 1 '30" 9 1 97 1501 66 ECM 3 0 1 ' 0 7" 9 1 9 733 8 4 93 ECM 3 0 1 ' 1 0" 91 9 851 7024 ECM 7 _, 01 '02" 9 1 9 850 2828 ECM 2 0 1 ' 4 8 " 9 1 9 733 9413 63 3 0 1 ' 0 6 " 9 1 94 96 1689 ECM 1 00' 23" 919 82 1 044 7 ECM 1 00 ' 35" 19 1982 10310 63 1 00' 52" 9 1 9 419 3889 ECM 1 02' 24 " 919 7 16 6939 ECM 5 0 0' 3 4" 98 5 18968 ECM 1 . 4 ·=· ■ ·-· RESULT 0 . K. 0. K. 0 . K. 0 . K. N. G. 25 0 . K. O.K. 0. K. O.K. N.6.20 N.6 .20 N.6 .20 0 . K. 0. K. 0 . K. 0 . K. 0 . K. 0 . K. INTERRUPT 0 . K. 0 . K. 0 . K. 0 . K. 0 . f(. 0 . K. 0. K. 0 . K. 0 . K. 0 . K. 0 . K.