WM0701287_Proposal_20221007

ECS Southeast, LLP
Proposal for Environmental Assessment Services
NVR Baxter Station
Baxter Lane, Moyock, North Carolina
For: Ryan Homes
4525 South Boulevard, Suite 100, Virginia Beach, Virginia
ECS Proposal Number 49:32374P
July 7, 2022

ECS Southeast, LLP
"Setting The Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities
Mr. Daniel Rojas
Ryan Homes
4525 South Boulevard
Suite 100
Virginia Beach, Virginia 23452
July 7, 2022
ECS Proposal No. 49:32374P
Reference: Proposal for Environmental Assessment Services, NVR Baxter Station, Baxter Lane,
Moyock, Currituck County, North Carolina
Dear Mr. Rojas:
ECS Southeast, LLP (ECS) is pleased to provide Ryan Homes with this proposal for performing a
n Environmental Assessment Services for the NVR Baxter Station. Our proposal contains a summary
of relevant information as we understand it, a project schedule, and the estimated fees for
completion of the proposed services.
We understand the property is located at Baxter Lane in Moyock, Currituck County, North Carolina.
Based on the information available, a property description is noted within the attached proposal
along with a description of our scope of services.
We appreciate the opportunity to be of service to you on this project. If you have any questions or
comments concerning this proposal, or would like adjustments to our proposed scope of services or
schedule, please do not hesitate to contact us.
ECS Southeast, LLP
Ron Navarro
Staff Project Manager
[e-mail]
919-861-9910
Roger Smith, P.G.
Environmental Principal
[e-mail]
704-378-9015
6714 Netherlands Drive, Wilmington, North Carolina 28405 • T: 910-686-9114 • F: 910-686-9666 • ecslimited.com
Eftqatiekrited. E-leds Kfai', T.td- tctchiakw" ..3 is Southeast, LLP • ECS
ECS Capitol Services, PLLC -An Associate of the ECS Group of Companies

Ryan Homes 49:32374P
ECS Southeast, LLP
PROJECT INFORMATION AND SCOPE OF SERVICES
Project Description
We understand the subject property is located at Baxter Lane in Moyock, Currituck County, North
Carolina. According to the Currituck County Online GIS website, the subject property is identified as
Parcel Identification Number (PIN) 00090000025A0000, consists of 58.75 acres, and is owned by Jarvis
Harvest LLC. Based on the available information, the subject property consists of agricultural land and
wooded land. ECS completed a Phase I Environmental Site Assessment (Phase I ESA) at the site in June
30, 2022 (ECS Project No. 17625). The Phase I ESA identified the following Recognized Environmental
Condition (REC) in connection with the subject property:
• ECS considers the southwestern adjoining oil facility to present a REC for the subject
property based on having seven above ground storage tanks (ASTs) for at least 25 years,
distance from the subject property and upgradient orientation from the subject property.
ECS was requested to submit a proposal to conduct additional environmental assessment services at
the subject property in an effort to further evaluate whether the REC identified during the Phase I ESA
has adversely impacted the subject property.
Scope of Services
Based on our understanding of the subject property and reported plans for future activities, ECS has
prepared the following Scope of Services.
Pre -Assessment Activities
• ECS will prepare a health and safety plan (HASP) for the proposed activities.
• ECS will contact 811 to locate underground utilities at the site; however, our experience
indicates that 811 normally does not locate private utilities.
• ECS will contract with a drilling firm that employs a North Carolina certified well contractor
(NCCWC) to drill and abandon groundwater and soil borings at the site.
• Prior to the subsurface assessment, it will be necessary to procure a groundwater
monitoring permit from the North Carolina Department of Environmental Quality (NCDEQ).
ECS requests your assistance in receiving the signature of the current property owner
on the attached Property Owner Access Authorization Form, in order to apply for the
permit.
• ECS will provide a project professional to observe and document boring activities and to
collect soil gas and groundwater quality samples from the site.
Groundwater Assessment
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• ECS will observe and document the advancement of three (3) borings for the installation
of three (3) groundwater sampling points (one per boring) by the drilling firm under the
supervision of a NCCWC at the subject property to assess the groundwater for impacts
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Ryan Homes 49:32374P
associated with the RECs identified during the Phase I ESA. Groundwater borings will be
advanced using a track mounted direct push technology (DPT) drill rig using a groundwater
sampling probe equipped with an exposable stainless -steel screen. The groundwater
sampling probe will be advanced to a depth equivalent to approximately five (5) feet below
the observed groundwater table, estimated to be approximately 5 feet below ground surface
(bgs) for estimating purposes. The approximate locations of the proposed groundwater
samples are illustrated in Figure 1.
• The groundwater within each sampling point will then be purged and sampled using a
peristaltic pump and new dedicated disposable tubing for each point. In the event that
groundwater cannot be sampled using a peristaltic pump due to groundwater being too
deep to effectively sample, a new dedicated disposable polyethylene bailer will be used
to collect groundwater samples. The groundwater samples will be appropriately packaged
and submitted to a North Carolina certified laboratory to be analyzed for volatile organic
compounds (VOCs) using EPA Method 8260 and semi -volatile organic compounds (SVOCs)
using EPA Method 8270.
• Following sampling, the borings will be abandoned in general conformance with North
Carolina well construction standards.
Reporting
• Upon receipt of final laboratory reports, ECS will prepare a summary report describing
our activities, the results obtained, and our conclusions and recommendations. The
groundwater analytical results will be compared to the North Carolina 2L Groundwater
Quality Standards.
Out of Scope Items
If, during the performance of our scope of services, additional environmental issues are identified
that are beyond the Scope of Services outlined within this proposal, ECS may contact Ryan Homes
to discuss the relevance and significance of the finding in order to determine if the finding merits
additional assessment, inclusion in our final report, or a modification to our Scope of Services and
fee.
Safety
ECS personnel are responsible for their own personal safety. While on site, if ECS personnel deem
a condition unsafe and the performance of our scope of services cannot be completed, you will be
notified of the unsafe condition. ECS personnel will not proceed further with the scope of services in
that area until the unsafe condition is corrected. Access delays associated with safety concerns may
result in additional fees.
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Utility Clearance
We will contact North Carolina 811 to locate underground utilities at the site. However, our
experience indicates that North Carolina 811 will not locate utilities beyond the point of distribution
(meters or gauge points) on private property. We will not be responsible for any private utilities not
pointed out to us by the land owner or client prior to drilling activities. If as -built drawings showing
locations of any subsurface utilities or conduits are available, please provide them to ECS prior to
mobilization for field work at the site.
PROJECT FEES AND SCHEDULE
Project Fees
ECS will provide the proposed scope of services for the estimated fee of $8,850.00, with the exception
of additional services selected by the client.
Fees/Cost of Service
Scope of Work
HASP, lab and subcontractor coordination, and permit
application
DPT Rig and Crew Services (includes mobilization)
ECS Field Activities
Sampling Supplies and Expendables
Groundwater Sample Analysis
Report Preparation
Project Management
Meetings
Units Total
Lump Sum
Estimate 1 day @ $3,000/
day
Estimate 1 day @ $1,500/
day
Lump Sum
Estimate 3 samples @
$350/sample
Lump Sum
Lump Sum
$750
$3,000
$1,500
$250
$1,050
$1,500
$800
Meetings requested by Ryan Homes beyond the Scope of Services outlined above will be invoiced on
a time and materials basis.
Project Schedule
Based on our present schedule, we anticipate we can begin the field activities within five to ten
business days of receiving your written authorization to proceed. We should allow up to one week
to obtain a groundwater permit from NCDEQ. The fieldwork will require approximately one day
to complete. Laboratory analytical results are expected to be available within approximately
7-10 business days of receipt of samples by the laboratory. We will provide you with verbal results as
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Ryan Homes 49:32374P
soon as they are available. The written report is expected to be submitted within approximately 3 to
5 business days of our receipt of the laboratory results. Please note that we cannot begin our field
activities until we receive your written authorization.
If areas of the property cannot be observed due to inaccessibility or unsafe conditions beyond the
control of ECS, ECS will wait until such time either that the area is accessible or the unsafe conditions
are corrected. If ECS must make additional visits to the site, a change order will be provided for our
additional fees.
If other items are required because of unexpected field conditions encountered in our fieldwork,
or because of a request for additional services, they would be invoiced as an agreed -to lump sum
fee or in accordance with the ECS Fee Schedule (available upon request) in effect at the time of the
service. Before expanding our scope of service that increased our fee, you would be informed of our
intentions for both your review and authorization.
LIMITATIONS AND ASSUMPTIONS
We have made the following assumptions in developing this proposal:
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• Prices presented herein are valid for 60 days from the date of this proposal.
• One color electronic version (PDF format) of the report will be provided upon completion
of the project. If requested, ECS will provide up to two original reports for the quoted fee.
Additional bound reports requested will be provided for a nominal fee.
• Prices are based on performing work on a non -holiday weekday during normal business
hours (7:00am - 5:00pm, Monday - Friday);
• Laboratory pricing is based on standard turnaround time (7-10 business days);
• ECS understands that these assessment activities are not being conducted for regulatory
purposes and are for general assessment purposes as part of a potential property
transaction. Should assessment activities be requested for regulatory purposes, ECS can
provide these services; however, additional activities, borings, samples, and increase in fees
may be required.
• This proposal assumes unrestricted access to the site and proposed sample locations.
• This proposal assumes that the borings can be conducted as proposed using a DPT type
drilling rig.
• It is ECS' understanding that the detection of contaminants in site media (soil, sediments,
surface waters, groundwater, and soil gas) above regulatory standards is considered
reportable by the responsible party and/or the property owner. ECS' scope of work does not
include submitting analytical data to a regulatory agency, other than required by permitting
requirements or by law. ECS would be pleased to submit analytical data to the applicable
regulatory agency upon receipt of written approval from the responsible party and/or
property owner.
• It is assumed that borings can be advanced to the depths described herein and samples
collected using DPT methods.
• Additional project work not specifically addressed by this proposal shall be charged at a time
and materials rate. Additional work, if required, shall be authorized by the client prior to
initiation.
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Ryan Homes 49:32374P
ECS Southeast, LLP
• If requested, ECS can provide reliance letters for our reports for an additional fee of $250.00
per entity. Future reliance offered by ECS would be bound to the same contracted Terms &
Conditions of Service agreed to between Ryan Homes and ECS.
PROPOSAL ACCEPTANCE
Please complete the Proposal Acceptance page and return one copy to ECS to indicate acceptance
of this proposal and to initiate services on the referenced project. The Client's signature indicates
that he/she has the authority to bind the Client, that he/she has read or has had the opportunity to
read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and
Conditions of Service.
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ECS Southeast, LLP
PROPOSAL ACCEPTANCE
Service Initial
Environmental Site Assessment ($8,850.00)
Proposal Acceptance Table
PROPOSAL INFORMATION
ECS Proposal Number 49:32374P
Scope of Work Environmental Assessment Services
Location Baxter Lane, Moyock, North Carolina
CLIENT INFORMATION
Signature - Authorized
Representative for Entity
Responsible for Payment
Print or Type Name of Client and
Company
Date of Execution
Proposal Addressee - Name Daniel Rojas
Proposal Addressee - Company Ryan Homes
INVOICE INFORMATION
Please Print or Type Below if Invoice Addressee Different Than Proposal Addressee
or Special Invoicing Instructions
Invoice Addressee - Name
Invoice Addressee - Company
Invoice Addressee - Street Address
1
Invoice Addressee - Street Address
2
Invoice Addressee - City, State, Zip
Code
Invoice Addressee - Email
Invoice Addressee - Phone Number
Purchase Order Number
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ECS Southeast, LLP
Proposal Acceptance Table
Client Project/Account Number
Pay Application Required
TERMS AND CONDITIONS
Attached to this proposal and an integral part of our proposal, are our "Terms and Conditions of
Service". These terms and conditions represent the current recommendations of the Geoprofessional
Business Association (GBA), the Consulting Engineers' Council, and the Geotechnical Division of the
American Society of Civil Engineers.
Our insurance carrier requires that we have a signed contract prior to the release of any information.
This letter is the agreement for our services. Your acceptance of this proposal should be indicated by
signing and returning the enclosed Proposal Acceptance form to us.
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ECS Southeast, LLP
Terms and Conditions of Service
The professional services (the "Services") to be provided by ECS Southeast, LLP ["ECS"] pursuant to
the Proposal shall be provided in accordance with these Terms and Conditions of Service ('Terms"),
including any addenda as may be incorporated or referenced in writing shall form the Agreement
between ECS and Ryan Homes (Client).
1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent professional
consultant to CLIENT for Services on the Project and shall have control over, and responsibility for,
the means and methods for providing the Services identified in the Proposal, including the retention
of Subcontractors and Subconsultants
2.0 SCOPE OF SERVICES - It is understood that the fees, reimbursable expenses and time
schedule defined in the Proposal are based on information provided by CLIENT and/or CLIENT'S,
agents, contractors and consultants ("Contractors"). CLIENT acknowledges that if this information
is not current, is incomplete or inaccurate, if conditions are discovered that could not be reasonably
foreseen, or if CLIENT orders additional services, the scope of services will change, even while the
Services are in progress.
3.0 STANDARD OF CARE
3.1 In fulfilling its obligations and responsibilities enumerated in the Proposal, ECS shall
be expected to comply with and its performance evaluated in light of the standard of care
expected of professionals in the industry performing similar services on projects of like size
and complexity at that time in the region (the "Standard of Care"). Nothing contained in the
Proposal, the agreed -upon scope of Services, these Terms or any ECS report, opinion, plan
or other document prepared by ECS shall constitute a warranty or guarantee of any nature
whatsoever.
3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data gathered
during performance of Services as well as those facts provided by the CLIENT and/or CLIENT'S
contractors and consultants. CLIENT acknowledges that such data collection is limited to specific
areas that are sampled, bored, tested, observed and/or evaluated. Consequently, CLIENT waives
any and all claims based upon erroneous facts provided by the CLIENT, facts subsequently learned
or regarding conditions in areas not specifically sampled, bored, tested, observed or evaluated by
ECS.
3.3 If a situation arises that causes ECS to believe compliance with CLIENT'S directives would be
contrary to sound engineering practices, would violate applicable laws, regulations or codes, or will
expose ECS to legal claims or charges, ECS shall so advise CLIENT. If ECS' professional judgment
is rejected, ECS shall have the right to terminate its Services in accordance with the provisions of
Section 25.0, below.
3.4 If CLIENT decides to disregard ECS' recommendations with respect to complying with
applicable laws or regulations, ECS shall determine if applicable law requires ECS to notify the
appropriate public officials. CLIENT agrees that such determinations are ECS' sole right to make.
4.0 CLIENT DISCLOSURES
4.1 Where the Services requires ECS to penetrate a surface, CLIENT shall furnish and/or shall
direct CLIENT'S or CLIENT'S Contractors to furnish ECS information identifying the type and location
of utility lines and other man-made objects known, suspected, or assumed to be located beneath
or behind the Site's surface. ECS shall be entitled to rely on such information for completeness and
accuracy without further investigation, analysis, or evaluation.
4.2 "Hazardous Materials" shall include but not be limited to any substance that poses or may
pose a present or potential hazard to human health or the environment whether contained in a
product, material, by-product, waste, or sample, and whether it exists in a solid, liquid, semi -solid
or gaseous form. CLIENT shall notify ECS of any known, assumed, or suspected regulated,
contaminated, or other similar Hazardous Materials that may exist at the Site prior to ECS mobilizing
to the Site.
4.3 If any Hazardous Materials are discovered, or are reasonably suspected by ECS after its
Services begin, ECS shall be entitled to amend the scope of Services and adjust its fees or fee
schedule to reflect any additional work or personal protective equipment and/or safety precautions
required by the existence of such Hazardous Materials.
5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and discharges ECS
from and against any claim for damage, injury or loss allegedly arising out of or in connection with
errors, omissions, or inaccuracies in documents and other information in any form provided to ECS
by CLIENT or CLIENT's Contractors, including such information that becomes incorporated into ECS
documents.
6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in sampling, testing
and/or evaluating concealed conditions that are hidden from view and/or neither readably
apparent nor easily accessible, e.g., subsurface conditions, conditions behind a wall, beneath a floor,
or above a ceiling. Such circumstances require that certain assumptions be made regarding existing
conditions, which may not be verifiable without expending additional sums of money or destroying
otherwise adequate or serviceable portions of a building or component thereof. Accordingly, ECS
shall not be responsible for the verification of such conditions unless verification can be made by
simple visual observation. CLIENT agrees to bear any and all costs, losses, damages and expenses
(including, but not limited to, the cost of ECS' additional services) in any way arising from or in
connection with the existence or discovery of such concealed or unknown conditions.
7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES
7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the site for
the performance of Services. CLIENT hereby grants ECS and its agents, subcontractors and/or
subconsultants ("Subconsultants"), the right to enter from time to time onto the property in order
for ECS to perform its Services. CLIENT agrees to indemnify and hold ECS and its Subconsultants
harmless from any claims arising from allegations that ECS trespassed or lacked authority to access
the Site.
7.2 CLIENT warrants that it possesses all necessary permits, licenses and/or utility clearances for
the Services to be provided by ECS except where ECS' Proposal explicitly states that ECS will obtain
such permits, licenses, and/or utility clearances.
7.3 ECS will take reasonable precautions to limit damage to the Site and its improvements
during the performance of its Services. CLIENT understands that the use of exploration, boring,
sampling, or testing equipment may cause damage to the Site. The correction and restoration of
such common damage is CLIENT'S responsibility unless specifically included in ECS' Proposal.
7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against
ECS arising from (i) procedures associated with the exploration, sampling or testing activities
at the Site, (ii) discovery of Hazardous Materials or suspected Hazardous Materials, or (iii) ECS'
findings, conclusions, opinions, recommendations, plans, and/or specifications related to discovery
of contamination.
8.0 UNDERGROUND UTILITIES
8.1 ECS shall exercise the Standard of Care in evaluating client -furnished information as well as
information readily and customarily available from public utility locating services (the "Underground
Utility Information") in its effort to identify underground utilities. The extent of such evaluations
shall be at ECS' sole discretion.
8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained by ECS
may contain errors or be incomplete. CLIENT understands that ECS may be unable to identity the
locations of all subsurface utility lines and man-made features.
8.3 CLIENT waives, releases, and discharges ECS from and against any claim for damage, injury
or loss allegedly arising from or related to subterranean structures (pipes, tanks, cables, or other
utilities, etc.) which are not called to ECS' attention in writing by CLIENT, not correctly shown on
the Underground Utility Information and/or not properly marked or located by the utility owners,
governmental or quasi -governmental locators, or private utility locating services as a result of ECS'
or ECS' Subconsultant's request for utility marking services made in accordance with local industry
standards.
9.0 SAMPLES
9.1 Soil, rock, water, building materials and/or other samples and sampling by-products obtained
from the Site are and remain the property of CLIENT. Unless other arrangements are requested
by CLIENT and mutually agreed upon by ECS in writing, ECS will retain samples not consumed
in laboratory testing for up to sixty (60) calendar days after the first issuance of any document
containing data obtained from such samples. Samples consumed by laboratory testing procedures
will not be stored.
9.2 Unless CLIENT directs otherwise, and excluding those issues covered in Section 10.0, CLIENT
authorizes ECS to dispose of CLIENT'S non -hazardous samples and sampling or testing by-products
in accordance with applicable laws and regulations.
10.0 ENVIRONMENTAL RISKS
10.1 When Hazardous Materials are known, assumed, suspected to exist, or discovered at the Site,
ECS will endeavor to protect its employees and address public health, safety, and environmental
issues in accordance with the Standard of Care. CLIENT agrees to compensate ECS for such efforts.
10.2 When Hazardous Materials are known, assumed, or suspected to exist, or discovered at the
Site, ECS and/or ECS' subcontractors will exercise the Standard of Care in containerizing and labeling
such Hazardous Materials in accordance with applicable laws and regulations, and will leave the
containers on Site. CLIENT is responsible for the retrieval, removal, transport and disposal of such
contaminated samples, and sampling process byproducts in accordance with applicable law and
regulation.
10.3 Unless explicitly stated in the Scope of Services, ECS will neither subcontract for nor arrange
for the transport, disposal, or treatment of Hazardous Materials. At CLIENT'S written request, ECS
may assist CLIENT in identifying appropriate alternatives for transport, off -site treatment, storage,
or disposal of such substances, but CLIENT shall be solely responsible for the final selection of
methods and firms to provide such services. CLIENT shall sign all manifests for the disposal of
substances affected by contaminants and shall otherwise exercise prudence in arranging for lawful
disposal.
10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in the disposal
of Hazardous Materials, samples, or wastes as part of the Proposal, ECS shall do so only as CLIENT'S
agent (notwithstanding any other provision of this Agreement to the contrary). ECS will not assume
the role of, nor be considered a generator, storer, transporter, or disposer of Hazardous Materials.
10.5 Subsurface sampling may result in unavoidable cross -contamination of certain subsurface
areas, as when a probe or excavation/boring device moves through a contaminated zone and
links it to an aquifer, underground stream, pervious soil stratum, or other hydrous body not
previously contaminated, or connects an uncontaminated zone with a contaminated zone. Because
sampling is an essential element of the Services indicated herein, CLIENT agrees this risk cannot
be eliminated. Provided such services were performed in accordance with the Standard of Care,
CLIENT waives, releases and discharges ECS from and against any claim for damage, injury, or loss
allegedly arising from or related to such cross -contamination.
10.6 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is conducted solely
to permit ECS to render a professional opinion about the likelihood of the site having a Recognized
Environmental Condition on, in, beneath, or near the Site at the time the Services are conducted.
No matter how thorough a Phase I ESA study may be, findings derived from its conduct are highly
limited and ECS cannot know or state for an absolute fact that the Site is unaffected or adversely
affected by one or more Recognized Environmental Conditions. CLIENT represents and warrants
that it understands the limitations associated with Phase I ESAs.
11.0 OWNERSHIP OF DOCUMENTS
11.1 ECS shall be deemed the author and owner (or licensee) of all documents, technical reports,
letters, photos, boring logs, field data, field notes, laboratory test data, calculations, designs, plans,
specifications, reports, or similar documents and estimates of any kind furnished by it [the
"Documents of Service"] and shall retain all common law, statutory and other reserved rights,
including copyrights. CLIENT shall have a limited, non-exclusive license to use copies of the
Documents of Service provided to it in connection with its Project for which the Documents of
Service are provided until the completion of the Project.
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Terms and Conditions of Service
11.2 ECS' Services are performed and Documents of Service are provided for the CLIENT'S sole 15.4 CLIENT recognizes that time is of the essence with respect to payment of ECS' invoices,
use. CLIENT understands and agrees that any use of the Documents of Service by anyone other
than the CLIENT and its Contractors is not permitted. CLIENT further agrees to indemnify and
hold ECS harmless for any errors, omissions or damage resulting from its contractors' use of ECS'
Documents of Service.
11.3 Without ECS' prior written consent, CLIENT agrees to not use ECS' Documents of Service
for the Project if the Project is subsequently modified in scope, structure or purpose. Any reuse
without ECS' written consent shall be at CLIENT'S sole risk and without liability to ECS or its
Subconsultants. CLIENT agrees to indemnify and hold ECS harmless for any errors, omissions
or Damage resulting from its use of ECS' Documents of Service after any modification in scope,
structure or purpose.
11.4 CLIENT agrees to not make any modification to the Documents of Service without the prior
written authorization of ECS. To the fullest extent permitted by law, CLIENT agrees to indemnify,
defend, and hold ECS harmless from any damage, loss, claim, liability or cost (including reasonable
attorneys' fees and defense costs) arising out of or in connection with any unauthorized
modification of the Documents of Service by CLIENT or any person or entity that acquires or
obtains the Documents of Service from or through CLIENT. CLIENT represents and warrants that
the Documents of Service shall be used only as submitted by ECS.
12.0 SAFETY
12.1 Unless expressly agreed to in writing in its Proposal, CLIENT agrees that ECS shall have no
responsibility whatsoever for any aspect of site safety other than for its own employees. Nothing
herein shall be construed to relieve CLIENT and/or its Contractors from their responsibility for site
safety. CLIENT also represents and warrants that the General Contractor is solely responsible for
Project site safety and that ECS personnel may rely on the safety measures provided by the General
Contractor.
12.2 In the event ECS assumes in writing limited responsibility for specified safety issues, the
acceptance of such responsibilities does not and shall not be deemed an acceptance of
responsibility for any other non -specified safety issues, including, but not limited to those relating
to excavating, fall protection, shoring, drilling, backfilling, blasting, or other construction activities.
13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES
13.1 CLIENT understands that construction testing and observation services are provided in an
effort to reduce, but cannot eliminate, the risk of problems arising during or after construction
or remediation. CLIENT agrees that the provision of such Services does not create a warranty or
guarantee of any type.
13.2 Monitoring and/or testing services provided by ECS shall not in any way relieve the CLIENT'S
contractor(s) from their responsibilities and obligations for the quality or completeness of
construction as well as their obligation to comply with applicable laws, codes, and regulations.
13.3 ECS has no responsibility whatsoever for the means, methods, techniques, sequencing or
procedures of construction selected, for safety precautions and programs incidental to work or
services provided by any contractor or other consultant. ECS does not and shall not have or accept
authority to supervise, direct, control, or stop the work of any of CLIENT'S Contractors or any of their
subcontractors.
13.4 ECS strongly recommends that CLIENT retain ECS to provide construction monitoring and
testing services on a full time basis to lower the risk of defective or incomplete work being installed
by CLIENT'S Contractors. If CLIENT elects to retain ECS on a part-time or on -call basis for any aspect
of construction monitoring and/or testing, CLIENT accepts the risk that a lower level of construction
quality may occur and that defective or incomplete work may result and not be detected by ECS'
part time monitoring and testing in exchange for CLIENT'S receipt of an immediate cost savings.
Unless the CLIENT can show that ECS' errors or omissions are contained in ECS' reports, CLIENT
waives, releases and discharges ECS from and against any other claims for errors, omissions,
damages, injuries, or loss alleged to arise from defective or incomplete work that was monitored
or tested by ECS on a part-time or on -call basis. Except as set forth in the preceding sentence,
CLIENT agrees to indemnify and hold ECS harmless from all Damages, costs, and attorneys' fees, for
any claims alleging errors, omissions, damage, injury or loss allegedly resulting from work that was
monitored or tested by ECS on a part-time or on -call basis.
14.0 CERTIFICATIONS - CLIENT may request, or governing jurisdictions may require, ECS to
provide a "certification" regarding the Services provided by ECS. Any "certification" required of
ECS by the CLIENT or jurisdiction(s) having authority over some or all aspects of the Project shall
consist of ECS' inferences and professional opinions based on the limited sampling, observations,
tests, and/or analyses performed by ECS at discrete locations and times. Such "certifications" shall
constitute ECS' professional opinion of a condition's existence, but ECS does not guarantee that
such condition exists, nor does it relieve other parties of the responsibilities or obligations such
parties have with respect to the possible existence of such a condition. CLIENT agrees it cannot
make the resolution of any dispute with ECS or payment of any amount due to ECS contingent upon
ECS signing any such "certification."
15.0 BILLINGS AND PAYMENTS
15.1 Billings will be based on the unit rates, plus travel costs, and other reimbursable expenses
as stated in the professional fees section of the Proposal. Any estimate of professional fees stated
shall not be considered as a not -to -exceed or lump sum amount unless otherwise explicitly stated.
CLIENT understands and agrees that even if ECS agrees to a lump sum or not -to -exceed amount,
that amount shall be limited to number of hours, visits, trips, tests, borings, or samples stated in
the Proposal.
15.2 CLIENT agrees that all professional fees and other unit rates may be adjusted annually to
account for inflation based on the most recent 12-month average of the Consumer Price Index
(CPI-U) for all items as established by www.bls.gov when the CPI-U exceeds an annual rate of 2.0%.
15.3 Should ECS identify a Changed Condition(s), ECS shall notify the CLIENT of the Changed
Condition(s). ECS and CLIENT shall promptly and in good faith negotiate an amendment to the
scope of Services, professional fees, and time schedule.
and that timely payment is a material consideration for this Agreement. All payment shall be in
U.S. funds drawn upon U.S. banks and in accordance with the rates and charges set forth in the
professional Fees. Invoices are due and payable upon receipt.
15.5 If CLIENT disputes all or part of an invoice, CLIENT shall provide ECS with written notice
stating in detail the facts of the dispute within fifteen (15) calendar days of the invoice date. CLIENT
agrees to pay the undisputed amount of such invoice promptly.
15.6 ECS reserves the right to charge CLIENT an additional charge of one -and -one-half (1.5)
percent (or the maximum percentage allowed by Law, whichever is lower) of the invoiced amount
per month for any payment received by ECS more than thirty (30) calendar days from the date of
the invoice, excepting any portion of the invoiced amount in dispute. All payments will be applied
to accrued interest first and then to the unpaid principal amount. Payment of invoices shall not be
subject to unilateral discounting or set -offs by CLIENT.
15.7 CLIENT agrees that its obligation to pay for the Services is not contingent upon CLIENT'S
ability to obtain financing, zoning, approval of governmental or regulatory agencies, permits, final
adjudication of a lawsuit, CLIENT'S successful completion of the Project, settlement of a real estate
transaction, receipt of payment from CLIENT's client, or any other event unrelated to ECS provision
of Services. Retainage shall not be withheld from any payment, nor shall any deduction be made
from any invoice on account of penalty, liquidated damages, or other sums incurred by CLIENT. It is
agreed that all costs and legal fees including actual attorneys fees, and expenses incurred by ECS in
obtaining payment under this Agreement, in perfecting or obtaining a lien, recovery under a bond,
collecting any delinquent amounts due, or executing judgments, shall be reimbursed by CLIENT.
15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of these Terms,
payment of any invoice by the CLIENT shall mean that the CLIENT is satisfied with ECS' Services and
is not aware of any defects in those Services.
16.0 DEFECTS IN SERVICE
16.1 CLIENT and CLIENT's Contractors shall promptly inform ECS during active work on any project
of any actual or suspected defects in the Services so to permit ECS to take such prompt, effective
remedial measures that in ECS' opinion will reduce or eliminate the consequences of any such
defective Services. The correction of defects attributable to ECS' failure to perform in accordance
with the Standard of Care shall be provided at no cost to CLIENT. However, ECS shall not be
responsible for the correction of any deficiency attributable to client -furnished information, the
errors, omissions, defective materials, or improper installation of materials by CLIENT'S personnel,
consultants or contractors, or work not observed by ECS. CLIENT shall compensate ECS for the costs
of correcting such defects.
16.2 Modifications to reports, documents and plans required as a result of jurisdictional reviews
or CLIENT requests shall not be considered to be defects. CLIENT shall compensate ECS for the
provision of such Services.
17.0 INSURANCE - ECS represents that it and its subcontractors and subconsultants maintain
workers compensation insurance, and that ECS is covered by general liability, automobile and
professional liability insurance policies in coverage amounts it deems reasonable and adequate.
ECS shall furnish certificates of insurance upon request. The CLIENT is responsible for requesting
specific inclusions or limits of coverage that are not present in ECS insurance package. The cost of
such inclusions or coverage increases, if available, will be at the expense of the CLIENT.
18.0 LIMITATION OF LIABILITY
18.1 CLIENT agrees to allocate certain risks associated with the Project by limiting ECS'
total liability to CLIENT arising from ECS' professional liability, i.e. professional acts, errors, or
omissions and for any and all causes including negligence, strict liability, breach of contract,
or breach of warranty, injuries, damages, claims, losses, expenses, or claim expenses
(including reasonable attorney's fees) relating to professional services provided under this
agreement to the fullest extent permitted by law. The allocation is as follows.
18.1.1 If the proposed fees are $10,000 or less, ECS' total aggregate liability to CLIENT shall not
exceed 820,000, or the total fee received for the services rendered, whichever is greater.
18.1.2 If the proposed fees are in excess of $10,000, ECS' total aggregate liability to CLIENT shall not
exceed 850,000, or the total fee for the services rendered, whichever is greater.
18.2 CLIENT agrees that ECS shall not be responsible for any injury, loss or damage of any nature,
including bodily injury and property damage, arising directly or indirectly, in whole or in part,
from acts or omissions by the CLIENT, its employees, agents, staff, consultants, contractors, or
subcontractors to the extent such injury, damage, or loss is caused by acts or omissions of CLIENT,
its employees, agents, staff, consultants, contractors, subcontractors or person/entities for whom
CLIENT is legally liable.
18.3 CLIENT agrees that ECS' liability for all non-professional liability arising out of this Agreement
or the services provided as a result of the Proposal be limited to $500,000.
19.0 INDEMNIFICATION
19.1 Subject to Section 18.0, ECS agrees to hold harmless and indemnify CLIENT from and against
damages arising from ECS' negligent performance of its Services, but only to the extent that such
damages are found to be caused by ECS' negligent acts, errors or omissions, (specifically excluding
any damages caused by any third party or by the CLIENT.)
19.2 To the fullest extent permitted by law, CLIENT agrees to indemnify, and hold ECS harmless
from and against any and all liability, claims, damages, demands, fines, penalties, costs and
expenditures (including reasonable attorneys' fees and costs of litigation defense and/or
settlement) ("Damages") caused in whole or in part by the acts, errors, or omissions of the CLIENT
or CLIENT's employees, agents, staff, contractors, subcontractors, consultants, and clients, provided
such Damages are attributable to: (a) the bodily injury, personal injury, sickness, disease and/or
death of any person; (b) the injury to or loss of value to tangible personal property; or (c) a breach
of these Terms. The foregoing indemnification shall not apply to the extent such Damage is found
to be caused by the sole negligence, errors, omissions or willful misconduct of ECS.
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Ryan Homes 49:32374P
ECS Southeast, LLP
Terms and Conditions of Service
19.3 It is specifically understood and agreed that in no case shall ECS be required to pay an
amount of Damages disproportional to ECS' culpability. IF CLIENT IS A HOMEOWNER,
HOMEOWNERS' ASSOCIATION, CONDOMINIUM OWNER, CONDOMINIUM OWNER'S
ASSOCIATION, OR SIMILAR RESIDENTIAL OWNER, ECS RECOMMENDS THAT CLIENT RETAIN
LEGAL COUNSEL BEFORE ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT'S RIGHTS AND
OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS IMPOSED BY THIS
AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT TO RETAIN SUCH COUNSEL SHALL BE
A KNOWING WAIVER OF LEGAL COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF
AVOIDING ANY PROVISION OF THIS AGREEMENT.
19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER, CLIENT SHALL
INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND ALL CLAIMS OR DEMANDS DUE
TO INJURY OR LOSS INITIATED BY ONE OR MORE HOMEOWNERS, UNIT -OWNERS, OR THEIR
HOMEOWNER'S ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY
AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE DISPUTE.
19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY HARMLESS
UNDER THIS SECTION 19.0 INCLUDE THE DUTY TO DEFEND.
20.0 CONSEQUENTIAL DAMAGES
20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any consequential
damages incurred by either due to the fault of the other or their employees, consultants, agents,
contractors or subcontractors, regardless of the nature of the fault or whether such liability arises in
breach of contract or warranty, tort, statute, or any other cause of action. Consequential damages
include, but are not limited to, loss of use and loss of profit.
20.2 ECS shall not be liable to CLIENT, or any entity engaged directly or indirectly by CLIENT, for
any liquidated damages due to any fault, or failure to act, in part or in total by ECS, its employees,
agents, or subcontractors.
21.0 SOURCES OF RECOVERY
21.1 All claims for damages related to the Services provided under this Agreement shall be made
against the ECS entity contracting with the CLIENT for the Services, and no other person or entity.
CLIENT agrees that it shall not name any affiliated entity including parent, peer, or subsidiary entity
or any individual officer, director, or employee of ECS.
21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in connection with
the Project and/or the Services, CLIENT and ECS agree that they will look solely to each other for
the satisfaction of any such dispute or claim. Moreover, notwithstanding anything to the contrary
contained in any other provision herein, CLIENT and ECS' agree that their respective shareholders,
principals, partners, members, agents, directors, officers, employees, and/or owners shall have
no liability whatsoever arising out of or in connection with the Project and/or Services provided
hereunder. In the event CLIENT brings a claim against an affiliated entity, parent entity, subsidiary
entity, or individual officer, director or employee in contravention of this Section 21, CLIENT agrees
to hold ECS harmless from and against all damages, costs, awards, or fees (including attorneys' fees)
attributable to such act.
22.0 THIRD PARTY CLAIMS EXCLUSION - CLIENT and ECS agree that the Services are performed
solely for the benefit of the CLIENT and are not intended by either CLIENT or ECS to benefit any
other person or entity. To the extent that any other person or entity is benefited by the Services,
such benefit is purely incidental and such other person or entity shall not be deemed a third party
beneficiary to the Agreement. No third -party shall have the right to rely on ECS' opinions rendered
in connection with ECS' Services without written consent from both CLIENT and ECS, which shall
include, at a minimum, the third -parry's agreement to be bound to the same Terms and Conditions
contained herein and third-party's agreement that ECS' Scope of Services performed is adequate.
23.0 DISPUTE RESOLUTION
23.1 In the event any claims, disputes, and other matters in question arising out of or relating
to these Terms or breach thereof (collectively referred to as "Disputes"), the parties shall promptly
attempt to resolve all such Disputes through executive negotiation between senior representatives
of both parties familiar with the Project. The parties shall arrange a mutually convenient time for the
senior representative of each party to meet. Such meeting shall occur within fifteen calendar (15)
days of either partys written request for executive negotiation or as otherwise mutually agreed.
Should this meeting fail to result in a mutually agreeable plan for resolution of the Dispute, CLIENT
and ECS agree that either party may bring litigation.
23.2 CLIENT shall make no claim (whether directly or in the form of a third -party claim) against ECS
unless CLIENT shall have first provided ECS with a written certification executed by an independent
engineer licensed in the jurisdiction in which the Project is located, reasonably specifying each and
every act or omission which the certifier contends constitutes a violation of the Standard of Care.
Such certificate shall be a precondition to the institution of any judicial proceeding and shall be
provided to ECS thirty (30) days prior to the institution of such judicial proceedings.
23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or district in
which ECS' office contracting with the CLIENT is located. The parties agree that the law applicable
to these Terms and the Services provided pursuant to the Proposal shall be the laws of the
Commonwealth of Virginia, but excluding its choice of law rules. Unless otherwise mutually agreed
to in writing by both parties, CLIENT waives the right to remove any litigation action to any other
jurisdiction. Both parties agree to waive any demand for a trial by jury.
24.0 CURING A BREACH
24.1 A party that believes the other has materially breached these Terms shall issue a written
cure notice identifying its alleged grounds for termination. Both parties shall promptly and in good
faith attempt to identify a cure for the alleged breach or present facts showing the absence of such
breach. If a cure can be agreed to or the matter otherwise resolved within thirty (30) calendar days
from the date of the termination notice, the parties shall commit their understandings to writing
and termination shall not occur.
24.2 Either party may waive any right provided by these Terms in curing an actual or alleged
breach; however, such waiver shall not affect future application of such provision or any other
provision.
25.0 TERMINATION
25.1 CLIENT or ECS may terminate this Agreement for breach, non-payment, or a failure to
cooperate. In the event of termination, the effecting party shall so notify the other party in writing
and termination shall become effective fourteen (14) calendar days after receipt of the termination
notice.
25.2 Irrespective of which party shall effect termination, or the cause therefore, ECS shall promptly
render to CLIENT a final invoice and CLIENT shall immediately compensate ECS for Services
rendered and costs incurred including those Services associated with termination itself, including
without limitation, demobilizing, modifying schedules, and reassigning personnel.
26.0 TIME BAR TO LEGAL ACTION - Unless prohibited by law, and notwithstanding any Statute
that may provide additional protection, CLIENT and ECS agree that a lawsuit by either party alleging
a breach of this Agreement, violation of the Standard of Care, non-payment of invoices, or arising
out of the Services provided hereunder, must be initiated in a court of competent jurisdiction no
more than two (2) years from the time the party knew, or should have known, of the facts and
conditions giving rise to its claim, and shall under no circumstances shall such lawsuit be initiated
more than three (3) years from the date of substantial completion of ECS' Services.
27.0 ASSIGNMENT - CLIENT and ECS respectively bind themselves, their successors, assigns,
heirs, and legal representatives to the other party and the successors, assigns, heirs and legal
representatives of such other party with respect to all covenants of these Terms. Neither CLIENT
nor ECS shall assign these Terms, any rights thereunder, or any cause of action arising therefrom, in
whole or in part, without the written consent of the other. Any purported assignment or transfer,
except as permitted above, shall be deemed null, void and invalid, the purported assignee shall
acquire no rights as a result of the purported assignment or transfer and the non -assigning party
shall not recognize any such purported assignment or transfer.
28.0 SEVERABILITY - Any provision of these Terms later held to violate any law, statute, or
regulation, shall be deemed void, and all remaining provisions shall continue in full force and effect.
CLIENT and ECS shall endeavor to quickly replace a voided provision with a valid substitute that
expresses the intent of the issues covered by the original provision.
29.0 SURVIVAL - All obligations arising prior to the termination of the agreement represented by
these Terms and all provisions allocating responsibility or liability between the CLIENT and ECS shall
survive the substantial completion of Services and the termination of the Agreement.
30.0 TITLES; ENTIRE AGREEMENT
30.1 The titles used herein are for general reference only and are not part of the Terms.
30.2 These Terms together with the Proposal, including all exhibits, appendixes, and other
documents appended to it, constitute the entire agreement between CLIENT and ECS
("Agreement"). CLIENT acknowledges that all prior understandings and negotiations are
superseded by this Agreement.
30.3 CLIENT and ECS agree that subsequent modifications to the Agreement shall not be binding
unless made in writing and signed by authorized representatives of both parties.
30.4 All preprinted terms and conditions on CLIENT'S purchase order, Work Authorization, or
other service acknowledgement forms, are inapplicable and superseded by these Terms and
Conditions of Service.
30.5 CLIENT's execution of a Work Authorization, the submission of a start work authorization (oral
or written) or issuance of a purchase order constitutes CLIENT's acceptance of this Proposal and
these Terms and their agreement to be fully bound to them. If CLIENT fails to provide ECS with a
signed copy of these Terms or the attached Work Authorization, CLIENT agrees that by authorizing
and accepting the services of ECS, it will be fully bound by these Terms as if they had been signed
by CLIENT.
Ver. 06/14/13
Page 10

Natural
Gas lone
Retail and offices
Legend
® Proposed Sampling Location
Parcel Boundary
SOURCE:
ECS PHASE I (June 2022)
2020 IMAGERY
SCALE SHOWN ABOVE
FIGURE 1
PROPOSED SAMPLE LOCATION MAP
Baxter Lane
Moyock, Currituck County, NC
ECS Proposal Number: 49:32374P
TM

ECS SOUTHEAST, LLP
PROPERTY OWNER ACCESS AUTHORIZATION
Proposal No.: 49:32374P
Scope of Work: Proposal for Environmental Services
Project: NVR Baxter Station
Location: Baxter Lane, Moyock, NC (PIN 00090000025A0000)
As part of the proposed real estate transaction, ECS Southeast, LLP (ECS) has been requested by the
purchaser to conduct due diligence tasks including groundwater sampling at the site. The groundwater
sampling requires that ECS procure a permit from the North Carolina Department of Environmental
Quality (NCDEQ).
ECS respectfully requests that the owner of the property grant permission to ECS to access the property
to conduct the above referenced tasks. By signed below, the property owner authorizes ECS to conduct
the aforementioned sampling at the site.
Property Owner (please print):
Property Owner Telephone (please print):
Property Owner Signature: Date: