WM0401520_WM0401520 Application attachment 3_20240311

TM
ECS Southeast, LLC
Proposal for Environmental Assessment Services
Optical Place Property
2633 Randleman Road, Greensboro, North Carolina
For: RHGC Investments, LLC
1350 City View Center,, Oviedo, Florida
ECS Proposal Number 49:42708P
March 01, 2024

ECS Southeast, LLC °Orte Finn. One Mission."
Geotechnical • Construction Materials • Environmental • Facilities
March 01,2024
Mr. Gray Hill
RHGC Investments, LLC
1350 City View Center
Oviedo, Florida 32765
ECS Proposal No.49:42708P
Reference: Proposal for Environmental Assessment Services, Optical Place Property,2633 Randleman
Road, Greensboro, Guilford County, North Carolina
Dear Mr. Hill:
ECS Southeast, LLC (ECS)is pleased to provide RHGC Investments, LLC with this proposal for
performing Environmental Assessment Services for the Optical Place Property. 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 2633 Randleman Road in Greensboro, Guilford 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, LLC
)�M� Aw4k—,l e P.
Jr
Jonathan Garrick, PG Joseph Nestor
Environmental Principal Environmental Principal
[e-mail] [e-mail]
704-319-7853 704-525-5152
4811 Koger Boulevard, Greensboro, North Carolina 27407 • T:336-856-7150
NC Engineering No.F-1519 NC Geology No C-553 SC Engineering No 3239
ECS Florida,LLC • ECS Mid-Atlantic LLC • ECS Midwest,LLC • ECS Pacific,Inc. • ECS Southeast,LLC • ECS Southwest,LLP
ECS New York Engineering, PLLC-An Associate of ECS Group of Companies • ecslirnited.com
"ONE FIRM. ONE MISSION."

Investments,RHGC ECS Southeast, LLC
49:42708P
PROJECT INFORMATION AND SCOPE OF SERVICES
Project Description
ECS Southeast, LLC (ECS) understand the subject property is located at 2633 Randleman Road in
Greensboro, Guilford County, North Carolina. According to the Guilford County Online GIS website,
the subject property is identified as Parcel Identification Number (PIN) 7862-39-0907, consists of
1.61 acres, and is owned by OP Partners. Based on the available information, the subject property
is developed with an approximate 11,200 square foot building reportedly constructed in 1986 and
occupied by The Optical Place and an optometrist office. ECS completed a Phase I Environmental Site
Assessment(ESA)at the site dated February 27, 2024(ECS Project No.49-22293), which revealed the
following Recognized Environmental Condition (REC)in connection with the subject property:
• The potential for an undocumented release associated the former commercial printing
facility located at the adjoining property south (Gate City Printing).
Scope of Services
Based on our understanding of the subject property, ECS has prepared the following Scope of
Services.
Pre-Sampling Activities
• ECS will prepare a site-specific health and safety plan (HASP). The HASP will document
the known or suspected hazards, applicable personal protective equipment (PPE) for site
personnel, and emergency response procedures. Prior to commencing field activities, ECS,
its subcontractors, and applicable site personnel will review the site-specific HASP.
• ECS will contact 811 to identify public underground utilities at the site. This notification
requires minimum 72-hour response time, exclusive of holidays and weekends. Please note
that public utility location typically will only identify and mark utilities from utility easements
to the associated meters. Public utility location services will not typically mark private
underground utility lines.
• ECS will contract with a professional utility locator to scan the proposed boring locations for
potential underground utilities and/or obstacles.
• Prior to assessment activities, it will be necessary to procure a groundwater monitoring
well permit from the North Carolina Department of Environmental Quality (NCDEQ) if a
monitoring well(s)is being installed by someone other than the property owner. The NCDEQ
permit requires the property owner's permission to obtain the permit and to collect
groundwater samples from the site.To expedite the process, ECS requests your assistance
in obtaining the property owner's signature(Please note, field sampling activities cannot
proceed until the permit is received by ECS).
• ECS will contract with a drilling firm that employs a North Carolina Certified Well Contractor
(NCCWC)to advance borings with a track mounted Direct Push Technology(DPT)drill rig for
the collection of soil and groundwater quality samples. Drilling and well abandonment
activities will be performed under the supervision of the NCCWC.
• ECS will provide a Project Professional to observe and document sampling activities and to
collect groundwater quality samples for laboratory analysis.
Page 1 Ec

RHGC Investments, LLC ECS Southeast, LLC
49:42708P
Groundwater Assessment Activities
• Three(3) DPT borings will be advanced into the water table using a groundwater sampling
probe equipped with an exposable stainless-steel well screen. Each boring will be advanced
to an approximate depth of five feet beneath the water table (estimated 25 ft bgs) and
a groundwater sample will be collected using new, dedicated disposable tubing and a
peristaltic pump or a new, dedicated disposable polyethylene bailer. If groundwater
recharge is slow, then a temporary well screen may be set in order to allow time for
infiltration and sampling.The two proposed sample locations are indicated on the attached
Figure 1.
• The groundwater samples will be appropriately packaged and submitted under
chain-of-custody procedures to a North Carolina certified laboratory to be analyzed for
volatile organic compounds (VOCs) by EPA Method 8260 and semi-volatile compounds
(SVOCs) by EPA Method 8270.
• At the completion of the sampling activities, the sampling points will be abandoned under
the supervision of the NCCWC.
Report
• After receipt of final laboratory report, ECS will prepare a summary report describing our
activities, the results obtained, and our conclusions and recommendations.The results of
the groundwater samples collected will be compared to the most current version of
the North Carolina 2L Groundwater Quality Standards (NC2LGWQS), and the NCDEQ
Groundwater Screening Levels(GWSLs)for vapor intrusion.
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 RHGC
Investments, LLC 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.
Utility Clearance
We will contact North Carolina 811 center to locate underground utilities at the site. However, our
experience indicates that 811 center will not locate utilities beyond the point of distribution (meters
or gauge points)on private property.Therefore,we will also contract with a private utility company to
clear boring locations prior to drilling. We will coordinate our test boring locations in order to avoid
Page 2 5

ECS Southeast, LLC
. . i ;.
any underground utilities indicated by the 811 center locating system. 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.
Contracting a private utility locator service is not a guarantee that all utilities within a work site will
be identified, but a service that is offered to lower the risk of the owner/client. ECS and our clients
have had great success in avoiding utility contact by augmenting the 811 center services with a private
locator service. Private locator services can identify utility alignments that incorporate significant iron
content in the conduit materials. However, private utilities possessing the higher likelihood of not
being easily identifiable, beyond the point of distribution, include all utilities not containing significant
ferrous(iron)content(examples would include but not be limited to most sanitary sewer alignments,
copper or PVC water lines, fiber optic lines without tracer ribbons, copper electric lines with no
surface exposure, drainage tiles/pipes,and irrigation lines).
Where a private locator service identifies a potential risk that is not traceable through conventional
methods, ECS will notify the client immediately and work to resolve the issue.Additional costs related
to the resolution of these potential utility conflicts will be invoiced out per our unit rates,as identified
in this proposal, or as negotiated and approved at the time of the occurrence.
PROJECT FEES AND SCHEDULE
Project Fees
ECS will provide the proposed scope of services for the estimated fee of $10,050.00, with the
exception of additional services selected by the client.
Fees/Cost of Service
Scope of Work Units Total
Permit Procurement, HASP Preparation, and Lump Sum $500.00
Coodination
ECS Field Activities @$1,750/day Estimate 1 Day $1,750.00
Mileage and Field Supplies Lump Sum $250.00
Project Management Lump Sum $500.00
Summary Report Lump Sum $1,500.00
Private Utility Locate Lump Sum $1,000.00
DPT Drilling Services Estimate 1 Day $3,500.00
Laboratory Services-Groundwater Samples for VOCs Estimate 3 $1,050.00
and SVOCs @$350/sample Samples
Page 3

RHGC Investments, LLC ECS Southeast, LLC
49:42708P
Scope of Work Units Total
Total $10,050.00
Estimated
Fees
Meetings
Meetings requested by RHGC Investments, LLC beyond the Scope of Services outlined above will be
invoiced on a time and materials basis. Meetings after typical office hours(Monday through Friday 8
am to 5 pm)will be invoiced at 1.5 times the normal rate.
Project Schedule
ECS anticipates it can proceed with the scope of work upon receiving your written authorization to
proceed. Please allow up to two weeks for the procurement of the NCDEQ permit. ECS can proceed
with the fieldwork within approximately one to two weeks of receipt of the permit depending on
drilling contractor availability.The fieldwork is expected to require one day to complete. Laboratory
analytical results are anticipated to be available within five to seven business days of receipt of
samples by the laboratory.The written report is expected to be be submitted within approximately
three to four business days following our receipt of the laboratory results. Please note that we can
not begin our field activities until we receive the NCDEQ monitoring well permit.
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:
• Prices presented herein are valid for 60 days from the date of this proposal.
• Prices are based on performing work on a non-holiday weekday during normal business
hours(7:OOam-S:OOpm, Monday- Friday);
• It is assumed that borings can be advanced to the depths described herein and samples
collected using DPT drilling.
• Laboratory pricing is based on standard turnaround time(7-10 business days)
• 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.
Page 4

RHGC Investments, LLC ECS Southeast, LLC
.• i 0;•
• ECS understands that these assessment activities are not being conducted for regulatory
purposes. 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.
• 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.
• If requested, ECS can provide reliance letters for our reports for an additional fee of$300.00
per entity. Future reliance offered by ECS would be bound to the same contracted Terms &
Conditions of Service agreed to between RHGC Investments, LLC 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.
PROPOSAL ACCEPTANCE
Service Initial
Environmental Site Assessment($10,050.00) C�4
Proposal Acceptance Table
PROPOSAL INFORMATION
ECS Proposal Number 49:42708P
Scope of Work Environmental Assessment Services
Location 2633 Randleman Road, Greensboro, North Carolina
CLIENT INFORMATION
Signature-Authorized
Representative for Entity
Responsible for Payment
Print or Type Name of Client and '1
Company [p re,l y H l l ( Tf T1
Date of Execution ?
Page 5

RHGC Investments, LLC ECS Southeast, LLC
4• 0,■
Proposal Acceptance Table
Proposal Addressee- Name Gray Hill
Proposal Addressee-Company RHGC Investments, LLC
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
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.
Page 6

E TERMS ECS SOUTHEAST, LLC
AND CONDITIONS OF SERVICE
The professional services("Services")to be provided by ECS Southeast, LLC("ECS") 7.2 CLI ENTwarrants that it possessesall necessary permits,licenses and/or utility
pursuant to the Proposal shall be provided in accordance with these Terms and Conditions clearances forthe Services to be provided by ECS except where ECS' Proposal
of Service ("Terms"), including any addenda as may be incorporated or referenced in explicitly statesthat ECSwill obtain such permits,licenses,and/orutilty clearances.
writing and shall form the Agreement between ECS and CLIENT.
7.3 ECS will take reasonable precautions to limit damage to the Site and its
1.0 INDEPENDENT CONSULTANT STATUS-ECS stall serve as an independent improvements during theperformance ofitsServices.CLIENT understands that the
professional consultant toCLIENT for Services on the Project and shall have control over, use of exploration,boring samping,or testing equipment may cause damage to the
and responsibility for,the means and methods for providing the Services idertified in the Site. The correction and restoration of such common damage is CLIENTS
Proposal,including the retention of Subcontractors and Subconsultanls responsibility unless specifically included in ECS'Proposal.
7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against
2.0 SCOPE OF SERVICES-It is understood thatthefees,reimbursable expenses ECS arising from(i)procedures associated with the exploration,samplingortesting
and time scheduledefined in the Proposal are based on information provided by CLIENT activities at theSite,(ii)discovery of Hazardous Materials or suspected Hazard o us
and/or CLIENTS, agents, contractors and consultants ("Contractors"). CLIENT Materials,or(iii)ECS'findings,conclusions,opirions,recommendations, plans,
acknowledges that if this information is not current,is incomplete or inaccurate,If conditions and/or specifications related to discovery ofcontaminabon.
are discovered that could not be reasonably foreseen,or if CLIENT orders additional
services,the scope of servioeswill change even wblle the Servicesare in progress. 8.0 UNDERGROUND UTILITIES
3.0 STANDARD OF CARE 8.1 ECS shall exercise the Standard of Care in evaluating clent-fumished information
as well as information readily and customarily available from public uti ity locating
3.1 In fulfilling itsobligations and responsib iii ties enumerated in the Pro posal, services(the'Underground Utility lnfortnation')initsefforttoidentifyunderground
ECS shall be expected to comply with and its performance evaluated in I i ght utilities.The extent of such evaluations shall be at ECS'sole discretion.
ofthe standard ofcareexpectedof professionals intheindustryperforming 82 CLIENT recognizes that the Underground UtiityInformation provided toorobtained
similar services on projects oflikesaeandcomplexity at thattime in the by ECS may contain errors or be incomplete.CLIENTunderstandsthat ECS may region(the"Standard of Care").Nothing contained in the Proposal,the by ECSunab maye to
terrorsohe iorsncomp ofall ubsuCaceTulines and man-made
agreed-upon scope of Services,these Terms or any ECS report,opinion,plan features. identify utility
or other document prepared by ECS shall constitute a warranty or guarantee
ofanynaturewhatsoever. 8.3 CLIENTwaives,releases,and discharges ECS from and against any claim for
3.2 CLIENT understands and agrees that ECS wil rely on the factslearned from data damage,injury or loss allegedly arising from or related to subterranean stru c tu res
gathered during performance ofServices as well as those fads provided by the (pipes,tanks,cables,or other utilities,etc.)which are notcalledto ECS'attention in
CLIENT and/or CUENTScmtractors and consutarts. CLIENT acknowledges that writing by CLIENT,not correctly shown on the Undergroun d Utility Information
such data collection is limited to specific areasthat are sampled, bored, tested, and/or not properly marked or located by the utility owners,governmental or quasi-
observed and/or evaluated.Consequently,CLIENT waives any and all claims governmental locators,or private utility locating servcesasa result ofECS'orECS
based upon eroneousfacts provided bythe CLIENT,facts subsequertlylearnems Subconsultants request for utiltymarkingservices made in accordance with local
regarding conditions in areas not specficallysampled,bored,tested,observedor industry standards.
evaluated by ECS. 9.0 SAMPLES
3.3 If a situation arises thatcauses ECSto believe compliance with CLIENTS directives 9.1 Soil,rock,water,building materialsand/or other samples and sampling by-products
would be contrary to sound engineering practices,wouldviolateapplicable laws, obtained from the Site are and remain the property of CLIENT. Unless other
regulations or codes,or will expose ECS to legal clams or charges,ECS shall so arrangements are requested by CLIENT and mutually agreed upon by ECS in
advise CLIENT. If ECS'professional judgment is rejected,ECS shall have the right writing,ECS will retain samples not consumed in laboratory testing for up to sixty
to terminate its Services in accordance with the provisions of Section 25.0,below. (60)calendar days after the first issuance of any document containing data obtained
3.4 If CLIENT decides to disregard ECS'recommendations with respect tocomplying from such samples.Samples consumed by laboratory testing procedures will not be
with applicable laws or regulations,ECS shall determine if applicable law re u i res stored.
ECS to notify the appropriate public officials. CLIENT agrees that such 9.2 Unless CLIENT directs otherwise,and excluding those issues covered in Section
determinations are ECS'soe right to make. 10.0,CLIENT authorizes ECS to dispose of CLIENTS nonhazardous samples and
4.0 CLIENT DISCLOSURES sampling ortesting by-products in accordance with applicable laws and regulations.
4.1 Where the Services requires ECS to penetrate a surface,CLI ENT shall furnish 10.0 ENVIRONMENTAL RISKS
and/or shall direct CLIENTS or CLIENTS Contractors tofurnish ECS information 10.1 When Hazardous Materials are known,assumed,suspected to exist,or discovered
identifying the type and location of utility lines andotherman-made objects known, at the Site,ECS will endeavor to protect its employees and address public health,
suspected,or assumed to be located beneath or behind the Site's surf ace. ECS safety,and environmental issues in accordance with the Standard of Care CLIENT
shall be entitled to rely on such inform at ion for corn pleteness and accuracy without agrees to compersate ECS for such efforts.
further investigation,analysis,orevaluation. 10.2 When Hazardous Materials are known, assumed, or suspected to exist, or
4.2 "Hazardous Materials"shall include but not be limited to any substance that poses discovered at the Site,ECS and/or ECS'suboontractorswill exercise the Stand and
or may pose a present or potertial hazard to human health or t he environ ment of Care in containerizing and labeling such Hazardous Materials in accordance with
whether contained in a product,material,by-product,waste,or sample,and whether applicable laws and regulations,and will leave the containers on Site. CLIENT is
it exists in a solid,liquid,semi-solid or gaseous form.CUENTshal notify ECS of responsible for the retrieval,removal,transportand disposal of such contaminated
any known, assumed, or suspected regulated,contaminated,or other similar samples,and sampling process byproducts in accordance withapplicable law and
Hazardous Materials thatmayexistat the Site priorto ECS mobilizingto the Site. regulation.
4.3 If any Hazardous Materialsare discovered,orare reasonably suspected by ECS 10.3 Unless explicitly stated in theScopeof Services,ECS will neither subcontract for
after its Services begin,ECS shall be entitled to amend the scope of Servicesand nor arrange for the transport,disposal,or treatment ofHazardcus Materials. At
adjust its fees or fee schedule toreflect any additional work or personal protective CLIENTS written request, ECS may assist CLIENT in identifying appropriate
equipmentand/orsafetyprecautionsrequiredbytheexistenceofsuchHazardous alternatives for transport off-sitetreatment,storage,ordisposalofsuch substances,
Materials. but C LI ENT shall be solely responsible forthe final selection of methods and firms
5.0 INFORMATION PROVIDED BY OTHERS -CLIENT waives,releases and to provide such services. CLIENT shall sign all manifests for the disposal of
discharges ECSfromanda ainstan daimfordama substances affected byconlamnants and shall otherwise exercise prudence in
9 9 y ge racier r n bloc l menu and
her arranging for lawful disposal.
of or in connection with errors, omissions, or inaccuracies in documents and other
information in any form provided to ECS by CLIENT or CLI ENTs Cortracto rs, including 10.4 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in
such inform ation that becomes incorporated into ECS doc u mert s. thedisposalof Hazardous Materials,samples,or wastes as part ofthe Proposal,
ECS shall do so only as CLIENTS agent(notwithstanding any other provision of
6.0 CONCEALED RISKS-CLIENT acknowledges that special risks are inherent in this Agreement to the contrary).ECS will not assume the role of,nor be considered
sampling,testing and/or evaluating concealed conditionsthatare hidden from view and/or a generator,storer,transporter,or disposer of Hazardous Materials.
neither readably apparent nor easily accessible,e.g.,subsurface conditions, conditions 10.5 Subsurfacesampingmayresultinunavoidablecross-contaminationofcertain
behind a wall,beneath a floor,or above a ceiling.Such circumstances require that certain subsurface areas,as when a probeor excavatioNboring device moves t hrough a
assum ptions.be made regarding existing condibons,which maynotbe verifiable without contaminated zone and links it to an aquifer,underground stream, pervious soil
expending additional sums ofmoney ordestroying otherwise adequate or serviceable stratum, or other hydrous body not previously contaminated,or connects an
portions ofa building or component thereof.Accordingly,ECS shall not be responsible for uncontaminated zone with a cortaminatecizone. Because sampling isan essential
the verification of such conditions unless verification can be made by simple visual element of the Services indicated herein, CLIENT agrees this risk cannot be
observation.CLIENT agrees to bear any and all costs,losses,damages and expenses eliminated. Provided such services were performed in accordance with the
(including,but not limited to,the cost of ECS'addtioral services)in anyway arising from or Standard of Care,CLIENTwaives,releases and discharges ECS from and against
in connection with the existence or discovery of such concealed or unknown conditions. any claim for damage,injury,or loss allegedly arising from or related to such cross-
7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES contamination.
7.1 CLIENTwarlstha antit possesses the authority tograntECS right of entry to the 10.6 CLIENT understands that a Phase I Environmental Site Assessment(ESA)is
site forthe performance ofServices.CLIENT conducted solely to permit ECS to rendera professional opinion about the likelihood
p hereby agents, of the site having a Recognized Environmental Condition on,in,beneath,or near
subcontractors and/or subconsultarts("Subconsultants'),the right to enter from the Site at the time the Servicesare conducted.No matter howthorough a Phase I
time to time onto the property in order for ECSto perform its Services. CLIENT ESA study maybe,fndingsderived from its conductarehighlylimited and ECS
agrees to indemnify and hold ECSanditsSubconsutartsharmlessfromanyclains cannot know or state foran absolute factthatthe Site is unaffected or adversely
arising from allegations that ECS trespassed or lacked authorityto access the Site. affected by one or more Recognized Environmental Conditions. CLIENTrepreserts
and warrants that it understands the I im itations associated with Phase I ESAs.
Page 1 of 3 ver.06/14/13

11.0 OWNERSHIPOF DOCUMENTS limitedtonumberofhours,Visits,trips,tests,borings,orsamples stated in the
11.1 ECS shall be deemed theauthor and owner(or licensee)of all documents,technical Proposal.
reports,letters,photos,boring logs,field data,field notes,laboratory test data, 15.2 CLIENT agrees that all professional fees and other unit rates may be adjusted
calculations,designs,plans,specifications,reports,or similar documents and annually to account for inflation based on the most recent 12-monthaverageofthe
estimates of any kind furnished by it[the"Documents of Service"]and shall retain al Consumer Price Index(CPIL)lair all itemsas established bywww.bls.goV when the
common law,statutory and other reserved rights,including copyrights. CLIENT CPI-U exceeds an annual rate of2.0%.
shall have a limited,non-exclusive license to use copies of the Documents of 15.3 Should ECS identify a Changed Cmdition(s),ECS shall notify the CLIENT oft he
Service provided to it in connectionwith its Project for which the D ocuments of Changed Condition(s). ECS and CLIENT shall promptly and in good faith negotiate
Service are provided until the completion ofthe Project. an amendment tothe scopeof Services,professional fees,andtime schedule.
11.2 ECS' Services are performed and Documents of Service are provided for the 15.4 CLI ENT recognizes that time is ofthe essence with respect to payment of ECS'
CLIENTS sole use. CLIENT understands and agrees that any use of the invoices,andthattimely paymentisa material considerationfor this Agreement.Al
Documents of ServicebyanyoneotherthantheCLIENTanditsContractorsisnot payment shallbe in U.S.funds drawnuponU.S.barksand in accordance with the
permitted. CLI ENT further agrees to indemnify and holdECS harmless for any rates and charges set forth in the professional Fees. Invoices are dueand payable
errors,omissions or damage resulting from its contractors'use of ECS Documents upon receipt.
of Service. 15.5 If CLI ENT disputes all or part of an invcice,CLI ENT shall provide ECSwith written
11.3 Without ECS'prior written consent,CLIENT agrees to not use ECS Documents of notice stating in data]the facts ofthe dispute within fifteen(15)calendar days of the
Service for the Project if the Prcjed is subsequently modified in scope,structure or invoice date. CLIENT agrees to pay the undisputed amount of such invoice
purpose. Any reuse withoutECS'writtenconsentshallbeatCLIENT'S sole risk promptly.
and without liability to ECS or its Subconsultants.CLIENT agrees to indemnify and 15.6 ECS reserves the right to charge CLIENT an additional charge ofone-and-one-half
hold ECS harmless for any errors,omissions or Damage resulting from its use of (1.5)percent(or the maximum percentage allowed by Law,whichever is lower)of
ECS'Documents of Service after any modification in scope,structure or purpose. the invoiced amount per month for any payment received by ECS more than t hi rty
11.4 CLIENT agrees to not make any modification to the Documents of Service w I hout (30)calendar days from the date of the invoice,excepting any portion of the
the prior written authorization of ECS. To the fullest extent permitted by law, invoiced amount in dispute.All payments will be appliedto accrued interest first
CLIENTagrees toindemnify,defend,and hold ECS harmlessfrom a ny d am age, and then to the unpaid principal amount. Payment ofinvoicesshal not besubject
loss,claim,liability or cost(including reasonable attorneys'fees and defense costs) to unilateral discounting or setoffs by CLIENT.
arising out of or in connection with any unauthorized modification ofthe Documents 15.7 CLI ENT agrees that its obligation to pay for the Services is not contingenIupon
of Service by CLIENT or any person or entity that acquires or obtains the CLIENTS abilityto obtain financing,zoning,approvalofgovemmentalorregulatory
Documents of Service from or through CLIENT. CLIENT represents and warrants agencies,permits,final adjudication of a lawsuit.CLIENTS successful compl eti on
that the Documentsof Service shal be used only as submitted by ECS. of the Project,settlement of areal estate transaction,rece i pt of payment from
CLIENTS client, or any other event unrelated to ECS provision of Services.
12.0 SAFETY
12.1 Unless expressly agreed to in writing in its Proposal,CLIENT agrees that ECS shall from Retaany iage shall not be withheld from any payment,nor shall any deduction in made
have no responsibility whatsoever for any aspect of Site safetyother than for itsown from any invoice on account alof l
oats a liquidated damages,or other sums incurred
employees. Nothing herein shall be construed to relieve CLIENT and/or its and by CLIENT.expenses is u red byE all cootsaning payment under this Agreal mays, in
Contractors from their responsibility for site safety. CLIENTalsorepresentsand peringorinwmedbyECSinveryuinerabond,cnderingan Agreement, in
warrants that the General Contractor is solely responsible for Project site safety and amounsdue,orex cutingjudgmveryundlberei reimbursed
by CLIENT.
delinquent
that ECS personnel may rely on the safety measures provided bytheGeneral
amounts due,or executingjudgmenls,shilbereimhursedbyCLIENT.
Contractor. 15.8 Unless CLIENT has provided noticeto ECS in accordance wit h Section 16.0 of
these Terms,payment of any invoice by the CLIENT shall mean that the CLIENT is
12.2 In the event ECS assumes in writing limited responsibility forspecfiedsafety
satisfied with ECS'Services and is not aware any defects in those Services.
issues,the acceptance of such responsibilities does not and shall not be deemed an
acceptance of responsibility for any othernonrspecified safety issues,including,but 16.0 DEFECTSIN SERVICE
not limited to those relating to excavating,fall protection,shoring,drilling,backfillirg, 16.1 CLIENT and CLIENTS Contractors shall promptly inform ECS during adive work on
blasting,or other construction activities. any project of any actual or suspected defects in the Services so to permit E C S to
13.0 CONST RUCTION TESTiNG AND REMEDIATION SERVICES take such prompt,effective remedial measures that in ECS'opinion will red uce or
13.1 CLIENT understands that construction testing and observation services are eliminate the consequences of any such defective Services. The correction of
provided inaneffortloreduce,butcamoteliminate,theriskofproblemsarising defects attributable to ECS'failure to perform inaccordancewith the Standard of
during or after construd'onorremediation. CLIENT agreesthat the provision of Care shall be provided t no cost to CLIENT. However, ECS shall not be
suchServicesdoesnotcreateawarrantyorguaranteeofanytype. responsible for the correction any deficiency attributable client-furnished
information,the errors,omissions,
defective materials,orimproparinstallation of
13.2 Monitoring and/ortesting services provided by ECS shal not in anyway relieve the materials by CLIENT's personnel,consultants or contractors,or work not observed
CLIENTScontrador(s)fromtheirresponsibiltiesandobligationsforthequaityor by ECS.CLIENT shall compensate ECS forthe costs ofcorrecting such defects.
completenessof construction as well as their obligation to complywith applicable 16.2 Modifications to reports,documentsand plansrequired as a result ofjurisdictional
laws,codes,and regulations. reviews or CLIENT requests shall notbe considered to be defects.CLI ENT s hal
13.3 ECS has no responsibility whatsoever for the means, methods,techniques, compensate ECS for the provision ofsuch Services.
sequencing or proceduresof construction selected,for safety precautions and
programs incidental to work or services provided by any contractor or other 17.0 INSURANCE-ECS represents that it and its subcontractors and subconsuttants
consultant.ECS does not and shall not have or accept authority to supervise,direct, maintain workers compensation insurance,and that ECS is covered by general liability,
control, or stop the work of any of CLIENTS Contractors or any of their autornobileand professional liability insurance policies in coverageamounts it deems
subcontractors. reasonable and adequate. ECS shall furnish certificates of insurance upon request.The
13.4 ECS strongly recommends that CLIENT retain ECS to provide construction C LIEN T is responsible for requesting specific inclus ions or I im its of coverage that are not
monitoring and testing services on a full time basis to lower the risk of defect ire or present in ECS insurance package.The cost of such inclusions or coverage increases,if
incomplete work being installed by CLIENTS Contractors. If CLIENT elects to available,will beat the expense of the CLIENT.
retain ECS on a part-time or on-call basis for any aspect of construction monitoring 18.0 LIMITATION OF LIABILITY
and/or testing,CU ENT accepts the risk that a lower level ofcorstruction quality
may occur and that defective or incompleteworkm By result and not be detected by 18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED NTH THE PROJECT BYLIMITING
ECS'part time monitoring and testing in exchange for CLIENTS receipt of an ECS'TOTAL LIABILITY TO CLIENT ARISING FROM ECS'PROFESSIONAL LIABILITY,I.E.
immediate cost savings. Unless the CLIENT can show that ECS'errors or PROFESSIONAL ACTS,ERRORS,OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING
omissions are contained inECS'reports,CLI ENT waives,releases and discharges NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY,
ECS from and against any other claims for errors,omissions,damages,Injuries,or INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES(INCLUDING
loss alleged to arise from defective or incomplete work that was monitored or tested REASONABLE ATTORNEYS FEES)RELATING TO PROFESSIONAL SERVICES PROVIDED U N DE R
by ECS on a part-time or on-call basis. Except as set forth in the preceding THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THE ALLOCATION IS AS
sentence,CLIENTagrees toindemnifyand hold ECS harmlessfrom all Damages, FOLLOWS.
costs,and attdmeys'fees,for any claims alleging errors,omissions,damage,injury 18.1.1 If the proposed fees are$10,000 or less,ECS'total aggregate liability to
or loss allegedly resultingfrom work that was monitored or tested by ECSon a part- CLIENT shall not exceed$20,000,orthetotalfee received for the services
time or on-call basis. rendered,whichever is greater.
14.0 CERTIFICATIONS-CLIENT may request,or governingjurisdictions may require, 18.1.2 If the proposed fees are in excess of$10,000,ECS'total aggregate liabil i ty to
ECS to provide a"certification"regarding the Services provided by ECS. Any"certification" CLIENT shall not exceed$50,000,or the totalfee forthe services rendered,
required of ECS by the CLIENT orjurisdidion(s)having authority oversome or all aspects whichever is greater.
of the Project shall consist of ECS'inferences and professional o p i n i o ns b a se d o n I he 18.2 CLI ENT agrees that ECS shall not be responsiblefor any injury,loss or damage of
limited sampling,observations,tests,and/or analyses performed by ECS at discrete any nature,including bodilyinjuryand propertydamage,arising directly orindirectly,
locations and times. Such"certifications"shall constitute ECS'professional opinion of a in whole or in part,from ads or omissions by the CLIENT,its employees, agents,
condition's existence,but ECS does not guarantee that such condition exists,nor does it staff,consultants,contractors,or subcontractors to the extent such injury,damage,
relieve other partiesof the responsibilities or obligations such parties have with respect to or loss is caused by acts or omissions of CLIENT,its employees, agents, staff,
the possible existence of such a condition.CLIENT agrees it cannot make the resolution of consultants,contractors,subcontractorsorperson/entitiesfor whom CLIENT is
any dispute with ECS or payment of any amount dueto ECS contingent upon ECS signing legally liable.
any such"certification." 18.3 CLIENTagrees that ECS'liabillyfor all non-professiond liability arising outof this
Agreement or the services provided as a result of the Proposal be limited to
15.0 BILLINGSAND PAYMENTS $500,000.
15.1 Billingswill be based on the unitrates,plustravel costs,and other reimbursable
expenses as stated in the professional fees section oft he Proposal.Anyestimate 19.0 INDEMNIFICATION
of professional fees stated shall not be considered as not-to-exceed or lumps um
19.1 Subject to Section 18.0,ECS agrees to hold harmless and indemnfy CLIENT from
amount unless otherwise explicitly stated. CLI ENT understands and agreesthat and against damagesarising from ECS'negligent performance of its Services, but
even if ECS agrees toa lump sum or not-to-exceed amount,that amount s hall be only to the extent that such damages are found tobe caused by EC S' negl ige nt
Page 2 of 3 Ver.06/14/13

acts,errors or omissions,(specifically excluding any damages caused by any third 23.2 CLIENT shall make no claim(whetherdirectlyorintheformofattird-party claim)
party or by the CLIENT.) against ECS unless CLIENT shall havefirst provided ECS witha written certiicaton
19.2 To the fullest extent permitted bylaw,CLIENT agrees to indemnify,and hold ECS executed by an independent engineer licensed in the jurisdiction in which the
harmless from and against any and all liability,claims,damages,demands, fines, Project is located,reasonably specify ing eachand everyact oromission which t he
penalties,costs and expenditures(including reasonable attorneys'fees and costsof certifier contends constitutes a violation of the Standard of Care.Such certificate
litigation defense and/or settlement)("Damages")caused in whole or in part by t he shall be a precondition tothe institution of anyjudicial proceeding and shall be
acts,errors,or omissions ofthe CU ENT or CLIENTs employees, agents,staff, provided to ECS thirty(30)days prior to the institution ofsuch judicial proceedings.
contractors,subcontractors,consultants,and clients,provtded such Damages are 23.3 Litigation shall be instituted in a court of competent jurisdiction in the county or
attributable to:(a)the bodily injury,personal injury,sick ness,disease andlor de at h district in which ECS'office cortracting with the CLIENT is located. The parties
of any person;(b)the injury to or loss of value to tangible personal property;or(c)a agree that the law applicable to these Terms and the Services provided pursuant to
breach of these Terms.The foregoing indemnification shall not apply to the extent the Proposal shall be the laws of the Commonwealth of Virginia,but excl ud in g its
such Damage is found to be caused by thesole negligence,errors,omis sio ns or choice of law rules. Unless otherwise mutually agreed to in writing by both parties,
willful misconduct of ECS. CLI ENT waives the right to remove any litigation action to any other jurisdiction.
19.3 It is specifically understood and agreed that in no case shall ECS be required to pay Both parties agree to waive any demand fora trial by jury.
an amount of Damages disproportional to ECS'culpability. IF CLIENT IS 24.0 CURING ABREACH
HOMEOWNER,HOMEOWNERS'ASSOCIATION,CONDOMINIUM OWNER,
CONDOMINIUM OWNER'S ASSOCIATION,OR SIMILAR RESIDENTIAL OWNER, 24.1 A party that believes the other has materially breached these Terms shall issue a
ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE written cure notice identifying its alleged grounds for termination.Both parties she II
ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENT'S RIGHTS AND promptly and in good faith attempt to identify a cure for the alleged breach or
OBLIGATIONS HEREUNDERAND THE LIMITATIONS,AND RESTRICTIONS present facts showing theabsenceofsuch breach. lfacurecanbe agreed toor
IMPOSED BYTHISAGREEMENT.CLIENT AGREES THAT FAILURE OFCLIENT the matterotherwise resolved within thirty(30)calendardays fromthe date of the
TO RETAIN SUCH COUNSEL SHALL BEA KNOWING WAIVEROFLEGAL termination notice,the parties shall commit their understa ndings to writing and
COUNSELANDSHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY termination shall not occur.
PROVISION OF THIS AGREEMENT. 24.2 Either party may waive any right provided by these Terms incuringan actual or
19.4 IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER, alleged breach;however,such waiver shall not affectfuture application of such
CLIENT SHALL INDEMNIFYAND HOLD HARMLESS ECS AGAINST ANY AND provision or any other provision
ALL CLAIMS ORDEMANDSDUETOINJURYORLOSSINITIATEDBYONEOR 25.0 TERMINATION
MORE HOMEOWNERS, UNIT-OWNERS, OR THEIR HOMEOWNER'S
ASSOCIATION,COOPERATIVE BOARD,OR SIMILAR G OVE RNI NG ENTITY 25.1 CLIENT or ECS may terminate this Agreement for breach,non-payment.or afaiure
AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE tocooperate. In the evert oftermination,the effecting party shall so notify the other
DISPUTE. party in writing and termination shall become effective fourteen(14)calendar days
19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY after receipt ofthe termination notice.
HARMLESS UNDER THIS SECTION 19.0 INCLUDETHE DUTY TO DEFEND. 25.2 Irrespective ofwhich party shall effect termination,or the causetherefore,ECS shall
promptly render to CLIENT a final invoice and CLIENT shall immediately
20.0 CONSEQUENTIAL DAMAGES compensate ECSfor Services rendered and costs incurred including those Services
20.1 CLIENTshall not be liable to ECS and ECS shallnot be liable to CLIENT for any associated with termination itself, including without limitation, demobilizing,
consequential damages incurred by either due to the fault of the other or their modifying schedules,and reassigning personnel,
employees,consultants,agents,contractors or subcontractors,regardles s of the
nature of the faultorwhether such liabilityarisesin breach ofcontradorwarranty, 26.0 TIME BAR TO LEGAL ACTION-Unless prohibited by law,and notwithstandingany
tort,statute,or anyothercause of action. Consequential damages include,but are Statute that may provide additional protection,CLIENT and ECS agreethat a lawsuit by
not limited to,loss of useand lossof profit either party alleging a breach ofthis Agreement,violation ofthe Standard of Care,non-
payment of invoices,or arising out ofthe Services provided hereunder,must be initiated in
20.2 ECS shall not be liable to CLIENT,oranyentiy engaged directly orindirectlyby a court of competent jurisdiction no more than two(2)yearsfrom the timethe party knew,or
CLIENT,for anyliquidated damages due to any fault,or failure to act,in part or i n should have known,ofthe facts and conditions giving rise to itsclaim,and stall under no
total by ECS,its employees,agents,or subcontractors. circumstances shall such lawsuit be initiated more than three(3)years from the date of
21.0 SOURCES OF RECOVERY substantial completion of ECS'Services.
21.1 All claim s for damages related to the Services provided under this Agreement she 11 27.0 ASSIGNMENT-CLIENT and ECS respecfiveybindthemselves,their
be made against the ECS entity cortracting with the CLIENT for the Servbes,and successors,assigns,heirs,and legal representatives to the other party and the successors,
no other person or entity.CLIENT agrees that it shall not name any affiliated entity assigns,heirs and legal representatives of such other party with respect to all covenants of
including parent,peer,or subsidiary entity or any individual officer,director, or these Terms. Nether CLIENT nor ECS stall assign these Terms,any rights thereunder,or
employee of ECS. any cause of action arising therefrom,in whole or in part,without tte written consentof the
21.2 In the event of anydispute or claim between CLIENTand ECS arising out of in other. Any purported assignment ortransfer,except as permitted above,shall be deemed
connection with the Project and/or the Services,CLIENT and ECS agree that t hey null,void and invalid,the purported assignee shall acquire no rights as a result ofthe
will look solely to each other for the satisfaction of any such dispute or claim. purported assignment or transfer and the non-assigning partyshailnot recognize anysuch
Moreover,notwithstanding anything to the contrary contained in any other provision purported assignment or transfer.
herein, CLIENT and ECS'agree that their respective shareholders, principals,
partners,members,agents,directors,officers,employees,and➢or owners shall have 28.0 SEVERABI LITY-Any provision of these Terms later held to violate any law,statute,
no liability whatsoever arising out of or in connection with the Project and/or or regulation,shall be deemed void,and all remaining provisions shall continue in frill force
Services provided hereunder. In the event CLIENT brings a claim against an and effect.CLI ENT and ECS shall endeavor toquiddy replace avoided provision with a
affiliated entity,parent entity,subsidiary entity,or individual officer,director or valid su bstitute that expresses the intent of the issues covered by the original proms ion.
employee in contravention of this Section 21,CLIENT agrees to hold ECS harm less 29.0 SURVIVAL-All obligations arising prior tothe termination of the agreement
from and tablet st such damages,costs,awards,or fees(indudingattorneys'fees) represented by these Term s and all provisions allocating responsibility or liability between
attributable to such act. the CLI ENT and ECS shall survive the substantial can pletion of Services and the
22.0 THIRDPARTYCLAIMSEXCLUSION-CLIENTandECSagreethattheServices termination of the Agreement.
are performed solely for the benefit of the CLIENT and are not intended by either C LIENT or 30.0 TITLES:ENTIRE AGREEMENT
ECS to benefit any otherperson or entity.To the extent that any other person ore n tit y is
benefited by the Services,such benefit is purely incidental and such other person or en ity 30.1 The titles used herein are for general reference only and are not part ofthe Terms.
shall not be deemed a third party beneficiary to the Agreement. Nothid-partyshall have 30.2 These Terms together with the Proposal,including all exhiUts,appendixes, and
the right to rely on ECS'opirions rendered in connection with ECS'Servioes without written other documents appended to it,constitute theentire agreement between CL IE NT
consent from both CLIENT and ECS,which shall include,at amininum,thethird-party's and ECS("Agreemenf').CLIENT acknowledges that all prior understandings and
agreement to be bound to the same Terms and Conditions contained herein and third- negotiations are superseded by this Agreement.
party's agreement that ECS'Scopeof Services performed is adequate. 30.3 CLIENT and ECS agree that subsequent modifications to the Agreement sha I I not
23.0 DISPUTE RESOLUTION be binding unless made in writing and signed by authorized representatives of both
parties.
23.1 In the event any daims,disputes,and other matters in question arising out of or 30.4 All preprinted terms and conditions on CLIENTS purchase order, Work
relating to these Terms or breach thereof(colectivelyreferred to as"Disputes"),the Authorization, or other service acknowledgement forms, are inapplicable and
parties shall promptly attempt to resolve all such Disputes through executive superseded by these Termsand Conditions ofServioe.
negotiation between senior representatives of both parties fam liar w ith the Proje ct.
The parties shall arrange a mutually ccnvenienttime forthe senior representativeof 30.5 CLIENTS execution of a Work Authorization, the submission of a start work
each party to meet.Suchmeeting shall occur within fifteen calendar(15)days of authorization(oral or written)or issuance of a purchase order constitutes CLIENT s
eitherparty's written request forexecutive negotiation oras otherwise mutually acceptance of this Proposal andtheseTermsand their agreement tobefdllybound
agreed. Should this meetingfail to result in a mutually agreeatie plan for resolution to them.IfCLIENTfailsto provide ECSwithasignedcopyoftheseTermsorthe
of the Dispute,CLIENT and ECS agree that either party may bring litigation. attached Work Authorization,CLIENT agrees that by authorizing and accepting the
services of ECS,it wil be fully bound by these Terms as if they had been signed by
CLIENT.
Page 3 of 3 ver.06/14/13

RHGC Investments, LLC ECS Southeast, LLC
4• 0,-
PROPERTY OWNER ACCESS AUTHORIZATION FORM
ECS Southeast, LLC
Proposal No.: 49:42708P
Project Name: Optical Place Property
Location: 2633 Randleman Road,
Greensboro, Guilford County, North Carolina 27406
Parcel Identification Number:7862-39-0907
ECS Southeast, LLP (ECS) has been requested to conduct an environmental assessment at the site.
The groundwater sampling at the site 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 environmental assessment. By signing below, property owner authorizes ECS
to conduct the aforementioned groundwater sampling at the site and to obtain the above-referenced
permit on behalf of the owner.
Property Owner(Please Print)
Property Owner Address(please print):
Property Owner Telephone(please print):
Property Owner Signature Date:
Page 8 mg

! � 51937 #j
` M 51939 5196E
1 51938
'► 51936
59(►01} � !'F'{
f
10 100 ft 519dANN
5
LEGEND
APPROXIMATE SITE BOUNDARY ® APPROXIMATE PROPOSED GROUNDWATER BORING LOCATION
�� FIGURE 1
SOURCE: PROPOSED SAMPLE LOCATION MAP
GUILFORD COUNTY GIS
DATED 2018 OPTICAL PLACE PROPERTY
2633 RANDLEMAN ROAD
GREENSBORO, NORTH CARLINA
SCALE:AS SHOWN
ECS PROPOSAL NUMBER 49-42708P
na