FINAL Contract for DHR Phase 2 Cell 3 Macon County P12-0527

7/28/2019 FINAL Contract for DHR Phase 2 Cell 3 Macon County P12-0527

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BUNNELL-LAMMONS ENGINEERING, INC.

GEOTECHNICAL,ENVIRONMENTAL A ND CONSTRUCTION MATERIA LS CONSULTANTS

6004PONDERSCOURT PHONE (864)288-1265GREENVILLE,SOUTHCAROLINA29615 FAX (864)288-4430

June 26, 2013

Macon County Solid Waste Management Department109 Sierra Drive

Franklin, NC 28734

Attention: Mr. M. Chris Stahl

Director

Subject: Contract for a Design Hydrogeologic Investigation & Report (DHR)

Phase 2, Cell 3 Waste UnitMacon County Landfill, Permit #57-03

Franklin, North Carolina

BLE Contract No. P12-0527

Dear Mr. Stahl:

Bunnell-Lammons Engineering, Inc. (BLE) is pleased to submit this contract to Macon County to

provide geological and hydrogeological services as part of the application for the Permit to Construct

the proposed Phase 2, Cell 3 waste unit at the Macon County Municipal Solid Waste Landfill. This

contract addresses relevant siting requirements for a municipal solid waste landfill as set forth by the

North Carolina Division of Waste Management (NCDWM) for a Design Hydrogeologic Report

(DHR).

PROJECT INFORMATION

The project information below was obtained from a request for qualifications (RFQ) issued by

Macon County and from data in our project records from previous work performed by BLE at the

site. Additional information was provided by Mr. Mark Cathey, P.E. of McGill Associates (McGill)

who is the engineer of record for the MSW landfill.

Macon County owns and operates a recycling center and solid waste disposal facility at 1448

Lakeside Drive in Franklin, North Carolina. The facility includes a Subtitle D municipal solid waste

(MSW) landfill, convenience centers, transfer station, material recycling facility, and recycling and

educational programs.

The MSW facility includes an inactive Phase 1 Cell 1waste unit (6.6 acres) and an active Phase 2

Cell 2 waste unit (14.2 acres). The county intends to expand the existing MSW landfill facility by

constructing the next planned expansion, identified as Phase 2, Cell 3. The expansion area is

approximately 22 acres and is located east of the recycling center. We understand that site

suitability for the subject expansion area was obtained as the result of a study conducted by

Westinghouse Environmental and Geotechnical Services, Inc. (Westinghouse) in 1989 and reported

on January 17, 1990.


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Design Hydrogeologic Investigation & Report (DHR) Phase 2, Cell 3 June 26, 2013

Macon County, North Carolina BLE Contract Number P12-0527

2

As part of the landfill expansion project, Macon County has requested that BLE prepare a proposal

to perform borings, install piezometers, conduct testing and geotechnical engineering, and to prepare

a DHR for submittal to the NCDWM. We understand that the DHR will be included as part of theapplication for a Permit to Construct which will be prepared by McGill.

PROPOSED SCOPE OF SERVICES

The objective of this project is to collect information from the site to prepare a DHR for the

proposed MSW landfill Phase 2, Cell 3 (22-acre) expansion area as outlined in the North Carolina

Department of Environment and Natural Resources (DENR) Solid Waste Management Rules, Title

15A Section 13B .1623(b)(1-3). To fulfill these requirements, our scope of services will include the

following:

Consulting services of a Senior Hydrogeologist will be provided to assist in selection of locations

for the piezometers based on data provided by McGill. The actual number of piezometers may

be changed based on DENR requirements and/or field observations. Based on information

reviewed to date, we anticipate that up to 23 borings will be required.

Rule .1623(b)(1)

BLE will mobilize an ATV-mounted drilling rig and truck-mounted drilling rig to the site to

perform borings and install the required piezometers. BLE will perform 23 (twenty-three) soil

test borings and perform rock coring or rock drilling at up to 17 of the locations. Piezometers

will be installed in up to 23 of the borings. For budgeting purposes, we have assumed a total of

1,014 linear feet of soil test boring, 293 linear feet of rock coring/rock drilling, and 1,308 linearfeet of piezometer installation. The actual well depths will be dependent on site conditions.

Drilling and piezometer installation will be performed in general accordance with the procedures

in Appendices A and B, respectively. BLE will provide oversight during the drilling operation.

Each piezometer will include a surface completion consisting of a bentonite seal with 3-foot tall

(approximate) PVC stickup riser with slip cap cover. The piezometer locations and elevations

will be surveyed and the data will be provided to BLE by McGill (working under separate

contact with Macon County).

Rule .1623(b)(2)

Perform a field reconnaissance to observe springs, streams, drainage features, existing orabandoned wells, rock outcrops, and other geologic features that may affect site suitability or the

ability to effectively monitor the site.

Perform field permeability (slug) tests in 10 piezometers on site. Slug testing procedures are

described in Appendix C.


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Select soil samples for laboratory analyses. The soil sampling and analysis will be performed in

general accordance with standard ASTM procedures. The laboratory analyses for this phase will

include:

1. Twelve undisturbed samples (grain size with hydrometer, Atterberg limits, permeability,

total porosity, moisture content) one sample will be tested for consolidation, and one

sample will be tested for triaxial shear;

2. Three bag samples (Standard Proctor, remolded permeability, grain size with

hydrometer, Atterberg limits, moisture content);

3. One bag sample (Standard Proctor, triaxial shear, grain size with hydrometer, Atterberg

limits, moisture content); and

4.

Fifteen split-spoon samples (grain size with hydrometer, moisture content, Atterberglimits).

Prepare geologic cross-sections that depict the hydrogeologic conditions encountered at the site.

Obtain 12 rounds of monthly water level measurements from the piezometers installed on site.

Water level measurements will be obtained to identify the seasonal high water table (typically

winter & spring).

Provide soil boring logs, field logs, and field notes with the DHR.

Prepare a groundwater elevation contour map to show the occurrence and direction of

groundwater flow in the uppermost aquifer.

A photogrammetric topographic map of the site will be prepared and supplied to BLE by McGill

(working under separate contact with Macon County).

BLE will perform geotechnical analysis including settlement and slope stability calculations.

Geotechnical analyses will include slope stability of the cap and base liner configurations,

settlement of the foundation soils and flexible membrane liner stability. The post-settlement

profile of the leachate collection pipes will be estimated. The slope stability analysis of the cap

and base liner will include both circular and block analyses.

Prepare a written report (DHR) describing the geologic and hydrogeologic conditions observedat the site including geologic maps (water table, auger refusal, surficial geology) and cross-

sections.


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Rule .1623(b)(3)

BLE will prepare a Water Quality Monitoring Plan (WQMP). The plan will include the following:

1) proposed number of groundwater monitoring wells; 2) proposed monitoring well locations; 3)proposed monitoring well depths; and 4) detailed monitoring well construction diagrams.

FEE ESTIMATE

Our charges for the proposed Scope of Services will be computed from actual quantities of work

performed at the unit rates shown on the attached Fee Schedule. We propose to complete this

project on a time and materials basis. Our estimated fee for the scope outlined above is $176,200.A cost breakdown is summarized on the table below.

Boring layout $7,200

Soil test borings, rock drilling, piezometer installation, field personnel, per diem $94,700

Field permeability (slug) testing 10 wells $4,300

Field observations $7,200

Monthly water level measurements (12 months) $13,200

Laboratory testing of soil samples $11,300

Preparation and review of the DHR (text, geotechnical evaluation, boring logs,

plan view maps, cross-sections, tables, appendices), project management

$31,800

Preparation of a Water Quality Monitoring Plan (WQMP) $6,500

COST ESTIMATE $176,200

No contingency is included in this budget estimate to cover unexpected difficulties, delays beyond our

control, or scope changes, etc. Work that exceeds the previously defined Scope of Services will not be

performed without written confirmation from Macon County. Expanded or additional scopes of work will

be billed on a time and material basis at the rates described of the attached Fee Schedule, or as provided by

BLEs subcontractors. Expanded work may include retention of a subcontract grading company to clear

and grade boring locations, if those services cannot be provided by Macon County.


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SCHEDULE

Based on our present schedule, we can begin work on this project within two weeks after we receive

your authorization to proceed. The following completion schedule is anticipated:

Field observations and boring layout 1 week

Soil test borings, rock coring, piezometer installation, field

personnel, per diem

4 weeks

Field permeability (slug) testing wells and data reduction 1 week

Monthly water level measurements 1 day each

Laboratory testing of soil samples 4 weeks

Survey of borings and/or piezometers (performed by others) 4 weeks

Preparation and review of report (text, boring logs, plan view

maps, cross-sections, tables, appendices), project management

6 weeks

APPROXIMATE DURATION 20 weeks, plus monthlywater level measurements

To expedite the project, we may perform many of the aforementioned tasks concurrently, where

practicable. The anticipated project duration can be completed in 20 weeks assuming that the project does

not have delays due to inclement weather, site access, survey data acquisition, or other delays beyond our

control. This schedule does not include review time by Macon County and/or McGill. Additionally, water

level measurements will be performed for a 12 month period after piezometer installation. Please note that

the DHR cannot be completed and submitted until after the final water level measurements have been

obtained. If requested, we will provide draft versions of text, tables, and figures for your use as soon as

they are prepared. The WQMP will be completed approximately two weeks after the DHR is submitted.


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AUTHORIZATION

As our written authorization for the above scope of services, please execute the attached acceptance sheet

and return the acceptance copy of this contract to BLE.

Any exceptions to this contract or special requirements not covered in this document should be attached to

the returned acceptance copy for the mutual consideration of both parties. Please note that the Terms and

Conditions are a part of this contract. Any Purchase Order issued to authorize this project should

reference this document (P12-0527).

We appreciate the opportunity to serve as your hydrogeological and geotechnical consultant at this

site. If you have any questions, please do not hesitate contacting us at (864) 288-1265.

Sincerely,

BUNNELL

-LAMMONS

ENGINEERING

,INC

.

Andrew W. Alexander, P.G. Mark S. Preddy, P.G.

Senior Hydrogeologist Senior Hydrogeologist

Geological Services Manager Director of Solid Waste Facility Siting

Attachments: Appendices A through C

Fee Schedule

Acceptance Sheet

c:\awa\active projects\mcgill\macon county landfill\p12-0527 phase 3 dhr\proposal for dhr phase 2 cell 3 macon

county p12-0527.doc


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APPENDIX A

DRILLING PROCEDURES

Soil Test Boring

Soil test borings will be advanced by mechanically twisting continuous flight steel hollow-stem

augers into the soil. Soil sampling and penetration testing will be performed in general accordance

with ASTM D 1586. At regular intervals, soil samples will be obtained using a standard 1.375-inch

inside diameter (ID), 2-inch outside diameter (OD), steel split-tube sampler. The sampler will first

be seated 6-inches to penetrate any loose cuttings, and then driven an additional 12 inches with

blows of a 140-pound hammer falling 30 inches. The number of hammer blows required to drive the

sampler the final 12 inches will be recorded and designated thepenetration resistance.

Representative portions of the soil samples will be placed in glass jars. The samples will be

examined by a geologist and soil test boring logs will be prepared.

Rock Coring

Core drilling will be required to determine the character and vertical continuity of refusal materials.

Refusal to soil drilling equipment may result from hard cemented soil, soft weathered rock, coarse

gravel or boulders, thin rock seams, or the upper surface of solid continuous rock.

Prior to coring, a permanent 3-inch diameter PVC casing may be grouted in place through the

overburden soils. A cement/bentonite grout will be used. Refusal materials will then be cored in

general accordance to ASTM D 2113 or other appropriate methodology using a diamond-studded bitfastened to the end of a hollow, double-tube core barrel. NQ or other appropriate size rock core will

be collected. The NQ size designates a bit which obtains rock cores 1-7/8 inches in diameter. Upon

completion of each drill run the core is recovered and measured, and the core samples are placed in

boxes for storage.

The core samples will be returned to our laboratory where the refusal material will be identified and

the percent core recovery and rock quality designation (RQD) will be determined by a geologist.

The percent core recovery is the ratio of the core length obtained to the length cored, expressed as a

percent. The RQD is obtained by summing only those pieces of recovered core which are 4 inches

or longer and are at least moderately hard, and dividing by the total length cored. The percent core

recovery and the RQD are related to soundness and continuity of the refusal material. Refusal-

material descriptions, recoveries, and the bit size used will be shown on a test boring record.


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APPENDIX B

PIEZOMETER CONSTRUCTION PROCEDURES

Type II Piezometer

Type II ground-water piezometers will consist of 2-inch polyvinyl chloride (PVC) Schedule 40

casing with flush-threaded joints installed in a 6 to 8-inch nominal diameter augered borehole. The

bottom 5 to 10-foot section of each well will consist of a manufactured well screen with 0.01-inch

wide machined slots. The well screen will be installed to the depth of the bedrock surface or to

bracket the water table at the time of installation.

In the Type II piezometers, a washed sand filter pack will be placed around the outside of the casing

from the bottom of the well casing to from one to two feet above the top of the well screen. The sandfilter pack is used to stabilize the formation and to help yield a less turbid ground-water sample.

A bentonite seal will be installed on top of the sand backfill up within 5 feet of the ground surface. A

PVC cap will be placed over the PVC well stickup on each piezometer.

Type III Piezometer

In the Type III well installation, a 6 to 8-inch nominal diameter boring will be advanced through the

overburden soils using air rotary, mud rotary, or auger drilling techniques to the depth of the bedrock

surface. A 3-inch diameter PVC casing may be installed to the termination depth of the borehole.

The annular space between the hole and the 3-inch casing will be tremie grouted with a

cement/bentonite grout mixture to near ground surface. The grout will be allowed to set-up and curefor 24 hours. After the grout cures, the boring will be advanced into the underlying bedrock using

rock coring procedures described in Appendix A. A 1-inch or 2-inch PVC screen and riser will be

installed in each corehole. The well materials will be sanded and sealed in place using the Type II

well placement procedures. A PVC cap will be placed over the PVC well stickup on each

piezometer.


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FEE SCHEDULE


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Page 2 of 3

Soil Testing Services Continued:

14.One Dimensional Consolidation of Soil (ASTM D-2435), each .................... $300.00A. Undisturbed, each .............................. .......................... .......................... $300.00

B. Remolded, each ............................. .......................... .......................... ..... $350.00

15.Resistivity of Soil (ASTM G-187), each ........................................................ $25.0016.Hydraulic Conductivity of Soils (ASTM D-5084),

A. Undisturbed, each ............................. .......................... .......................... $205.00

B. Remolded, each ............................ .......................... .......................... ..... $255.00

17.Triaxial Shear (CU) w/ Pore Pressure Readings (ASTM D-4767)

A. Undisturbed, 3 Confining Pressures ....................................................... $600.00

B. Remolded, 3 Confining Pressures .......................................................... $750.00

18.Direct Shear (ASTM D-3080), each .............................. .......................... .... $350.00

19.Unconfined Compressive Strength

A. Soil Samples Undisturbed (ASTM D-2166), each ........... ......................... $80.00

B. Soil Samples Remolded (ASTM D-2166), each ................................... .. $100.00

C. Rock cores (ASTM D-2938), each ............................... .......................... . $50.00

III. AGGREGATE TESTING SERVICES

1. Fine Aggregate Gradation (ASTM C-136), each ............................................ $60.00

2. Coarse Aggregate Gradation (ASTM C-136), each ........................................ $80.00

3. Percent Finer than No. 200 Sieve of Aggregate (ASTM C-117)

Washing Method, each ............................... .......................... ................... $55.00

4. Specific Gravity/Absorption Fine Aggregate (ASTM C-128), each ................ $75.00

5. Specific Gravity/Absorption Coarse Aggregate (ASTM C-127), each ............ $55.00

6. Unit Weight/Voids Aggregate (ASTM C-29), each ............................... ..... .... $30.00

7. Permeability of Fine Aggregates (ASTM D-2434), each .............................. $110.00

8. Organic Impurities (ASTM C-40), each.............................. .......................... . $40.00

9. Carbonate Content (ASTM D-4373), each .............................. ....................... $55.00

IV. CONCRETE TESTING SERVICES

1. Compressive Strength of Cylinders and

Cylinders held in Reserve (ASTM C-39), each ........................................ $12.00

2. Compressive Strength of Mortar Cubes (ASTM C-109), each ........................ $10.00

3. Compressive Strength of Core Specimens (ASTM C-42), each ...................... $35.00

4. Compressive Strength of Grout Prisms (ASTM C-1019), each ....................... $35.00

5. Compressive Strength of Brick Specimens (ASTM C-140)

Set of 3 Specimens ........................... ........................... .......................... .. $90.00

6. Compressive Strength of Shotcrete Panels (ASTM C-1140)A. Set of 3 Cores for Large Panels (includes coring) .................................. $120.00

B. Set of 9 Cubes for Small Panels (includes cutting) ................................. $110.00

7. Flexural Strength of Beams (ASTM C-78, C-293), each ................................ $20.00

8. Length Change of Hardened Concrete Set of 3 (ASTM C-157), each ............. $75.00

9. Time Setting of Concrete Mixtures (ASTM C-4037), each............................. $70.00

10.Concrete Mix Design (ASTM C-192), each ................................................. $630.00

11.Density, Absorption and Voids in Hardened Concrete(ASTM C-642)


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Page 3 of 3

Set of 3 Specimens (includes coring) ..................................................... $140.00

V. ASPHALT TESTING SERVICES

1. Asphalt Mix Cement Content, each........................... .......................... ......... $130.00

2. Asphalt Mix Gradation, non-washed, each ..................................................... $60.00

3. Asphalt Mix Gradation, washed, each............................ .......................... ...... $80.00

4. Asphalt Mix Rice Density, each ................................ ............................... ..... $50.00

5. Asphalt Mix Max Density by Marshall Method, each .................................. $110.00

6. Asphalt Core Density and Measurement, each ............................................... $20.00

7. Asphalt Mix Design by Marshall Method, each ........................................... $475.00

VI. OTHER TESTING SERVICES

1. Unit Weight of Geosynthetic Fabric, each ...................................................... $25.00

2. Unit Weight of Fireproofing Materials, each .................................................. $35.00

3. On-Site Tensile Strength of FML (ASTM D-6392), each ............................... $65.00

(Includes Five Paired Peel Tests and Five Shear Tests)4. Geomembrane Leak Location Services, per day ......................... (Quoted per project)

VII. EXPENSE AND SUBCONTRACT

1. Mileage ............................................... .......................... ...................$0.74 per mile

2. Per Diem ............................. .......................... .......................... .................. $115.00

3. Miscellaneous Expenses (shipping, printing, consumable supplies, etc.) Cost plus 10%

4. Digital Camera, per day ............................. .......................... ........................ $10.00

5. Color Laser Prints, per page .................................................... ...................... $2.00

6. Turbidity Meter, per day ............................ .......................... ........................ $50.00

7. Survey Equipment, per day ........................... .......................... .................... $50.00

8. Nuclear Gauge, per day ................................... ............................................ $50.009. Core Drill, per day . ............................... ............................... ....................... $50.00

10. Generator, per day ........................... .......................... .......................... ....... $50.00

11. Surface Wave Velocity, equipment rental, per day ............................... ..... .. $250.00

12. Resistivity, equipment rental, per week.................................................... $1,200.00

13. Magnetometer:

Rental per day ........................................ .......................... ........... $100.00

Mobilization ................. .......................... .......................... ........... $100.00

*Subcontracts (shipping, drilling, laboratory and analysis, etc.) .......... .................. Cost plus 20%

VIII. DRILLING SERVICES

Drill Fleet: Geoprobe (1 track & 1 4x4 truck mounted), CME 750, CME 75 on Morooka ATV track

carrier, Schramm Air Rig): Projects quoted upon request.


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ACCEPTANCE SHEET


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Page 1 of 3

BUNNELL-LAMMONS ENGINEERING, INC.6004 Ponders Court Phone (864) 288-1265

Greenville, South Carolina 29615 Fax (864) 288-4430

ACCEPTANCE SHEET

The purpose of this sheet is to obtain your written authorization for our services and confirm the terms and conditions under which

these services are provided as shown below.

Compensation for services rendered will be based on the attached schedule of fees (or as otherwise indicated below) which are part o

this work authorization. If we are requested to modify the scope of work at your request or determine during the execution of the

work that a modification of scope is required, we will promptly seek and confirm in writing a mutually agreeable revision of the

scope of work and associated charges. All testing will be performed in accordance with the applicable specifications unless

otherwise noted and test results apply only to the materials actually tested.

Project Name and Proposal Number: Contract for Design Hydrogeologic Investigation & Report (DHR)BLE Con tract No. P12-0527

Project Location: Macon County Landfil l Proposed Phase 2, Cell 3Macon Coun ty, North Carolina

FOR PAYMENT OF CHARGES: (to the account of)

Firm: Attention:

Address:

City, State: Zip Code: Phone Number:

Fax Number:

WORK AUTHORIZED BY:Signature Date

Print Name and Title - Signatory warrants his/her authority to bind the entity represented here .

Company Name

Address

City State Zip Code

SPECIAL INSTRUCTIONS:


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TERMS AND CONDITIONS

1. SERVICES TO BE PROVIDED. Bunnell-Lammons Engineering, Inc.,

through and by its officers, employees and subcontractors, (hereinafter BLE) is an

independent consultant and agrees to provide Client, for its sole benefit and exclusive use,

consulting services set forth in our proposal. No third party beneficiaries are intended by this

agreement.

2. PAYMENT TERMS. Client agrees to pay BLE's invoice upon receipt. If

payment is not received within 30 days from the Client's receipt of invoice, Client agrees topay a service charge on the past due amount at the greater of 1% per month or the allowable

legal rate, including reasonable attorney's fees and expenses if BLEs fee is collected through

an attorney. No deduction shall be made from invoice on account of liquidated damages

unless expressly included in the Agreement. After five days prior notice to Client, BLE may

suspend services until paid on any project where payment of invoiced amounts not

reasonably in dispute is not received by BLE within 60 days of Client's receipt of BLE's

invoice. Invoices will be sent approximately monthly for the services performed.

3. STANDARD OF CARE. BLE will perform its services using that degree of

care and skill ordinarily exercised under similar conditions by reputable members of BLE's

profession practicing in the same or similar locality at the time of service. NO OTHER

WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR

PROPOSAL OR BY OUR ORAL OR WRITTEN REPORTS.

4. INSURANCE. BLE maintains insurance coverage as follows:

a. Worker's Compensation Insurance.

b. Employers Liability Insurance.

c. Commercial General Liability Insurance.d. Professional Errors and Omission.

Certificates of Insurance can be provided upon acceptance of this agreement

and upon request.

5. PROFESSIONAL LIABILITY. For additional consideration from BLE of

$10.00, receipt of which is hereby acknowledged, Client agrees that BLEs liability, and that

of its officers, directors, employees, agents and subcontractors, to Client or any third party

due to any negligent professional acts, errors or omissions or breach of contract by BLE will

be limited to an aggregate of $50,000 or BLEs total charges, whichever is greater. If Client

prefers to have higher limits of professional liability, BLE agrees to increase the aggregate

limit, up to a maximum of $100,000, upon Clients written request at the time of accepting

our proposal, provided Client agrees to pay an additional consideration of 5% of total

charges, or $500, whichever is greater. The additional charge for the higher liability limit is

because of the greater risk assumed by BLE and is not a charge for additional professional

liability insurance. This limitat ion shall not apply to the extent prohibited by law.

6. SITE OPERATIONS. Client will arrange for right-of-entry to the property for

the purpose of performing project management, studies, tests and evaluations pursuant to the

agreed services. Client represents that it possesses necessary permits and licenses requiredfor its activities at the site.

BLE's field personnel are trained to initiate field testing, drilling and/or sampling within a

reasonable distance of each designated location. BLE's field personnel will avoid hazards or

utiliti es which are visible to them at the site. If BLE is advised in writing of the presence or

potential presence of underground or above ground obstructions, such as utilities, we will

give special instructions to our field personnel. BLE is not responsible for any damage or

loss due to undisclosed or unknown surface or subsurface conditions owned by Client or

third parties, except to the extent such damage or loss is a result of BLE's negligence.

Otherwise, Client agrees for the additional consideration of $1.00, to indemnify and hold

BLE, its directors, officers, employees, agents and subcontractors harmless, from any such

claims, suits or losses, including related reasonable attorney's fees.

BLE will take reasonable precautions to minimize damage to the property caused by its

operations. Unless otherwise stated in BLE's proposal, BLEs charges do not include cost of

restoration due to any related damage which may result. If Client requests BLE to repair

such damage, BLE will do so at an appropriate additional cost.

Field tests or boring locations described in BLE's report or shown on sketches are based on

specific information furnished by others or estimates made in the field by BLE personnel.

Such dimensions, depths or elevations should be considered as approximations unless

otherwise stated in BLEs proposal or report.

7. FIELD REPRESENTATIVE. The presence of BLE or its subcontractor's field

personnel, either full-time or part-time, may be for the purpose of providing project

administration, assessment, observation and/or field testing of specific aspects of the project

as authorized by Client. Should a contractor(s) not retained by BLE be involved in the

project, Client will advise such contractor(s) that BLE's services do not include supervision

or direction of the means, methods or actual work of the contractor(s), its employees or

agents. Client will also inform contractor that the presence of BLE's field representative for

project administration, assessment, observation or testing will not relieve the contractor of it

responsibilities for performing the work in accordance with the plans and specifications.

If a contractor (not a subcontractor of BLE) is involved in the project, Client agrees, in

accordance with generally accepted construction practices, that the contractor will be solely

and completely responsible for working conditions on the job site, including security and

safety of all persons and property during performance of the work, and compliance with al

Client safety requirements and OSHA regulations. These requirements will appl

continuously and will not be limited to normal working hours. It is agreed that BLE will no

be responsible for job or site safety or security on the project, other than for BLEemployees and subcontractors, and that BLE does not have the duty or right to stop the work

of the contractor.

8. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible tha

unforeseen conditions or occurrences may be encountered at the site which could

substantially alter the necessary services or the risks involved in completing BLE's services

If this occurs, BLE will promptly notify and consult with Client, but will act based on BLE's

sole judgment where risk to BLE personnel is involved. Possible actions could include:

a. Complete the original Scope of Services in accordance with the procedure

originally intended in BLEs proposal, if practicable in BLE's judgment;

b. Agree with Client to modify the Scope of Services and the estimate o

charges to include study of the unforeseen conditions or occurrences, with such

revision agreed to in writing;

c. Terminate the services effective on the date specified by BLE in writing.

9. SAMPLE DISPOSAL. Test specimens or samples generally are consumed osubstantially altered during testing and any remnants are disposed of immediately upo

completion of tests. Remaining drilling samples and other specimens are disposed of 3

days after submission of BLE's report. In the event that test samples contain toxic o

hazardous constituents as defined by applicable law, upon completion of any testing and

temporary storage by BLE and per Client's stated preference, BLE will return such samples

to Client for proper disposal.

10. WASTE DISPOSAL. If Client requests BLE to containerize drilling waste

and/or fluids produced by BLE's activity ("Wastes"), Client will provide a secure temporary

storage location at or near the project site to prevent tampering with such containerized

Wastes. Non-hazardous Wastes will be disposed of by BLE for an additional charge at a

appropriately licensed facility. Any hazardous Wastes will be disposed of under manifes

executed by Client at any properly licensed facility selected by Client with BLE's assistance

At no time will BLE take title to such hazardous Wastes.

11. *CLIENT DISCLOSURE. Client agrees to advise BLE upon execution of thi

Agreement of any hazardous substance or any condition, known or that reasonably should be

known by Client, existing in, on, or near the site that presents a potential danger to human

health, the environment, or BLE's equipment. Client agrees to provide BLE continuinrelated information as it becomes available to the Client. By virtue of entering into thi

Agreement or providing services hereunder, BLE does not assume control of o

responsibility as an operator or otherwise for the site or the person(s) in charge of the site, or

undertake responsibility for reporting to any federal, state or local public agencies any

conditions at the site that may present a potential danger to public health, safety or the

environment. Client agrees under advice of its counsel to notify the appropriate federal, stat

or local public agencies as required by law; or otherwise to disclose, in a timely manner, any

information that may be necessary to prevent damage to human health, safety, or the

environment.

12. *ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardou

substances or constituents and to the maximum extent permitted by law, for separate and

valuable consideration of $1.00, Client agrees to defend, hold harmless and indemnify BLE

from and against any and all claims, liabilities, or judgments, except to the extent finally

determined as being caused by BLE's negligence or willful misconduct, resulting from:

a. Client's violation of any federal, state, or local statute, regulation o

ordinance relating to the management or disposal of toxic or hazardous substances o

constituents;

b. Client's undertaking of or arrangement for the handling, removal, treatmen

storage, transportation or disposal of toxic or hazardous substances or constituents found o

identified at the site;

c. Toxic or hazardous substances or constituents introduced at the site b

Client or third persons before, during or after the completion of BLE's services;

d. Allegations that BLE is a handler, generator, operator, treater, storer

transporter, or disposer unless expressly retained by Client for such services under th

Resource Conservation and Recovery Act of 1976 as amended or any other similar federal

state or local regulation or law due to the BLE's services; or,


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e. Any third party suit or claim for damages against BLE alleging strict liabili ty,

personal injury (including death) or property damage from exposure to or release of toxic or

hazardous substances or constituents at or from the project site before, during or after

completion of BLE's services under this Agreement.

13. *EQUIPMENT CONTAMINATION. BLE will endeavor to clean its

laboratory and field equipment which may become contaminated in the conduct of our

services. Occasionally, such equipment cannot be completely decontaminated because of thetype of hazards encountered. If this occurs, it will be necessary to dispose of the equipment

in a manner similar to that indicated for hazardous samples or waste and to charge Client for

the loss. Client agrees to pay the fair market value of any such equipment and reasonable

disposal costs.

14. DOCUMENTS. BLE will furnish Client the agreed upon number of written

reports and supporting documents. These instruments of services are furnished for Client's

exclusive internal use and reliance, use of Client's counsel, use of Client's qualified bidders

(design services only) and for regulatory submittal in connection with the project or services

provided for in this Agreement, but not for advertising or other type of distribution, and are

subject to the following:

a. All documents generated by BLE under this Agreement shall remain the sole

property of BLE. Any unauthorized use or distribution of BLE's work shall be at Client's and

recipient's sole risk and without liability to BLE. BLE may retain a confidential file copy of

its work product and related documents.

b. If Client desires to release, or for BLE to provide, our report(s) to a third

party not described above for that party's reliance, BLE will agree to such release providedwe receive written acceptance from such third party to be bound by acceptable terms and

conditions similar to this Agreement (e.g. Secondary Client Agreement). Reports provided

for disclosure of information only will not require separate agreement. Client acknowledges

and agrees to inform such third party that BLE's report(s) reflects conditions only at the time

of the study and may not reflect conditions at a later time. Client further acknowledges that

such request for release creates a potential conflict of interest for BLE and by this request

Client waives any such claim if BLE complies with the request.

c. Client agrees that all documents furnished to Client or Client's agents or

designees, if not paid for, will be returned upon demand and will not be used by Client or

any other entity for any purpose whatsoever. Client further agrees that documents produced

by BLE pursuant to this Agreement will not be used for any project not expressly provided

for in this Agreement without BLE's prior written approval.

d. Client shall furnish documents or information reasonably within Client's

control and deemed necessary by BLE for proper performance of our services. BLE may rely

upon Client-provided documents in performing the services required under this Agreement;

however, BLE assumes no responsibili ty or liability for their accuracy. Client-provided

documents will remain the property of Client, but BLE may retain one confidential file copyas needed to support its report.

e. Upon Client's request, BLE's work product may be provided on magnetic

media. By such request, Client agrees that the written copy retained by BLE in its files, with

at least one written copy provided to Client, shall be the official base document. BLE makes

no warranty or representation to Client that the magnetic copy is accurate or complete, but

will correct in good faith any omissions or errors brought to BLE's attention by Client. Any

modifications of such magnetic copy by Client shall be at Client's risk and without liability to

BLE. Such magnetic copy is subject to all other conditions of this Agreement.

15. CLAIMS. The parties agree to attempt to resolve any dispute without resort to

litigation, including use of mediation, prior to filing of any suit. However, in the event a

claim results in litigation, and the claimant does not prevail at trial, then the claimant shall

pay all costs incurred in pursuing and defending the claim, including reasonable attorney's

fees.

16. OPINIONS OF COST. If requested, BLE will use its best efforts and

experience on similar projects to provide realistic opinions or estimates of costs for

remediation or construction as appropriate based on reasonably available data, BLE's designs

or BLE's recommendations. However, such opinions are intended primarily to provide

information on the order of magnitude or scale of such costs and are not intended for use in

firm budgeting or negotiation unless specifically agreed otherwise, in writing with BLE.

Client understands actual costs of such work depend heavily on regional economics, local

construction practices, material availability, site conditions, weather conditions, contractor

skills, and many other factors beyond BLE's control.

17. TESTIMONY. Should BLE or any BLE employee be compelled by law to

provide testimony or other evidence by any party, whether at deposition, hearing, or trial, in

relation to services provided under this Agreement, and BLE is not a party in the dispute,

then BLE shall be compensated by Client for the associated reasonable expenses and labor

for BLE's preparations and testimony at appropriate unit rates. To the extent the party

compelling the testimony ultimately provides BLE such compensation, Client will receive a

credit or refund on any related double payments to BLE.

18. CONFIDENTIALITY. BLE will maintain as confidential any documents o

information provided by Client and will not release, distribute or publish same to any third

party without prior permission from Client, unless compelled by law or order of a court o

regulatory body of competent jurisdiction. Such release will occur only after prior notice t

Client.

19. GOVERNING LAW. This Agreement shall be governed in all respects by thlaws of the State of South Carolina.

20. PRIORITY OVER FORM AGREEMENT/PURCHASE ORDERS. Th

Parties agree that the provisions of these terms and conditions shall control over and not be

superseded by any provisions of any other documents or writings and may be amended onl

by written instrument signed by both Client and BLE. Client may issue purchase orders t

BLE to satisfy Clients purchasing requirements. It is agreed that the terms and condition

included in such purchase orders shall be considered deleted in their entirety and such term

and conditions shall be void.

21. SURVIVAL. All provisions of this Agreement for indemnity or allocation o

responsibility or liability between Client and BLE shall survive the completion of the

services and the termination of this Agreement.

22. SEVERABILITY. In the event that any provision of this Agreement is foun

to be unenforceable under law, the remaining provisions shall continue in full force and

effect.

23. ASSIGNMENT. This Agreement may not be assigned by either party withouthe prior permission of the other.

24. CONSIDERATION. The parties agree that the charges for BLE's services ar

sufficiently adjusted to include any specific consideration payable to Client under thes

terms and conditions.

25. INTEGRATION. This Agreement, the attached documents and thos

incorporated herein constitute the entire Agreement between the parties and cannot b

changed except by a written instrument signed by both parties.

*Applies only if toxic or hazardous substances or constituents are anticipated or encountered

END OF DOCUMENT

Documents

FINAL Contract for DHR Phase 2 Cell 3 Macon County P12-0527