TOWN OF CRAMERTON BOARD OF COMMISSIONERS WILL CAUTHEN, MAYOR  CRA  DEMETRIOS KOUTSOUPIAS, MAYOR PRO-TEMPORE COMMISSIONER HOUSTON HELMS - COMMISSIONER SUSAN NEELEY COMMISSIONER DIXIE ABERNATHY COMMISSIONER RICHARD ATKINSON  BOARD OF COMMISSIONERS MEETING THURSDAY, August 5, 2021 @ 6:00 PM G.M. MICHAEL COMMISSION CHAMBER CRAMERTON TOWN HALL  *Note 1: Due to the COVID-19, the following is protocol for the public entering Town of Cramerton - Members of the public who have received the COVID-19 vaccination are not required to wear a Members of the public who have not received the COVID-19 vaccine are highly recommended (but **Note 2: Information for the public to listen via Zoom to this BOC meeting will be posted via the Cramerton "sunshine" email; the Cramerton Facebook Page, the Town Website www.cramerton.or  indoor facilities:  mask when entering Town Facilities.  not required) to weara mask while in indoor Town Facilities. and on the door of Cramerton Town Hall (155 N. Main St.).  AGENDA  1. Call to Order and Determination of Quorum. 2. Invocation and Pledge of Allegiance. 3. Adoption of Agenda for this meeting. 4. Public Comment (In-person and electronic)  Anyone may speak on any issue. Ifyou want to speak at a public hearing, please wait until the public hearing has been opened on that particular item. Before speaking, please state your name & address. Please limit comments to 3 minutes. a. Ap proclamation honoring those recipients of the Purple Heart Medal who have selflessly served the United States of America. (page 4)  5. Proclamation  6. Presentation  a. Catherine's House b. Montcross Area Chamber  - Introduction of new CEO/President Kathy Gauger  F Presentation regarding Montcross Emerge Initiative (pages 5 to 15)  7. Work Session  a. Cramerton Stormwater Master Plan  i. Initial presentation and review of Cramerton Stormwater Master Plan by Bonnie Fisher, P.E. of LaBella Associates. (pages 16 to 19)  8. Consent Agenda (Action Item): Consider approval of the consent agenda. Note: Ifany item requires further discussion, it should be removed from consent and placed  appropriately on the agenda.  1    a. Minutes  .J June 10, 2021 meeting minutes. (pages 20 to 24) ii. June 24, 2021 meeting minutes. (pages 25 to28).  9. Agenda Items NOT Requiring a Public Hearing  a. Finance  .I Information Technology (IT)  1. Action Item: Consider approval of Pharr Associates to perform necessary Town server hardware and software upgrades and 2. Action Item: Budget Amendment #2021-02. To fund the Town server hardware and software upgrades and installation.  installation. (pages 29 to 31)  b. Board of Commissioners  - Helix/ R  1. Action Item: Resolution #2021-15. A resolution exempting Viz, Inc. and Dewberry (structural engineering subcontractor firm) from G.S. 143-64.21 (Mini-Brooks Act) in relation to the design and engineering services for the Helix/R sculpture 2. Action Item: Approval of Helix/ R professional services contract with Viz, Inc. using Dewberry as the structural  project. (pages 32 to 58) engineering subcontractor.  10.Manager's Report  a. COVID-19 (Coronavirus) = Verbal Updates  11. General Staff Reports (as needed) Update from Two Rivers Utilities  Additional updatel reports from Department Heads (if needed) 12. Topics of Discussion for Each Commissioners  13.Closed Session  a. NCGS143-318.116) To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating () the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option,  exchange, or lease.  14.Adyournment  Upcoming BOC Meetings  Thursday, August 19, 2021 @ 6pm (held at Cramerton Town Hall) Thursday, September 2, 2021 @ 6pm (held at Cramerton Town Hall) - Thursday, September 16, 2021 @ 6pm (held at Cramerton Town Hall) Rules for' electronic public comments" for Cramerton BOC Meetings  The Board will hear public comment at the beginning oft this meeting. Please email your comments to lownolCramerton@cramerton.org. on or before Thursday, August 5th at 5:30pm.  2  2    - Please include your name and address and your comment will be read into the record at the C Comments submitted anonymously will not be read into the record and limited to three minutes. The Board will allocate no more than (20 minutes) per meeting to the reading of submitted Public  appropriate time.  Comment.  Comments are to be directed to the entire board as a whole and not individuals. Comments are expected to be civil and within reasonable standards of courtesy.  Comments that include vulgarity, slander, name calling, personal attacks or threats will not be All comments will be maintained as a public record and included in the minutes of the meeting.  read into the record.  3  3    MAYORALPROCLAMATION INI RECOGNITION OF PURPLE HEARTI DAY AUGUST 7,2021  B  WHEREAS, our nation and its principles have been defended throughout history by brave and patriotic men and women who willingly sacrificed their own well-being for the cause WHEREAS, President George Washington created the Badge of Military Merit to honor WHEREAS, in 1932, on the 200th anniversary of George Washington's birth, the Badge WHEREAS, today the Purple Heart is awarded to honor the combat wounded veterans of this country and those who made the ultimate sacrifice and never returned home; and WHEREAS, the 1991 Washington State Legislature passed Senate Bill 5718 recognizing the seventh day of August as a day to pay tribute to those who hold the distinction of having WHEREAS, our veterans have earned profound and eternal gratitude from all of the people of this state for their willingness to risk life and limb for the sake of this nation, its WHEREAS, the Town of Cramerton was acknowledged as ofJune 4, 2013 as an official Purple NOW, THEREFORE, AS MAYOR OF THE TOWN OF CRAMERTON,Ihereb, proclaim  off freedom and democracy; and brave military personnel; and  ofMilitary Merit was renamed the Order of the Purple Heart; and  been awarded the Purple Heart; and  people, and our cherished freedoms; and  Heart City.  the Town's Recognition of Purple Heart Day. Adopted this 5th day of August, 2021.  (SEAL)  William A. Cauthen, Mayor  Wilene L. Cunningham, Town Clerk  4    CRARE  TOWN OF CRAMERTON  ESI.  1915  Manager Memo  CARO  TO: Town of Cramerton Board of Commissioners (BOC)  FROM: David Pugh, Town Manager DATE: August 5, 2021  RE: Montcross Area Chamber Presentation of "Montcross Emerge" Initiative  Background Information  The following is an email from Montcross President CEO Marc Jordan. The attached Dear David, thank youj for the invitation to present our Montcross Emerge Economic Growth initiative to the Cramerton Town Council at your meeting on August 5, at 6pm. Attached, forj your review is information to assist you and your town leaders to know more about the initiative, and the team we. have assembled to assist in delivering support to our small businesses and each community we. serve to meet the challenges and opportunities we are seeing We are asking the town ofCramerton, toj partner with us, along with the other towns and cities in the Montcross. Ared. We see this initiative as a wayfor the private sector and public sector to unite and. strengthen our collective partnership ini helping to grow the economies ofeach ofour unique communities. To date, we have received the approval toj join the partnership.from the Cities and Towns ofStanley, $10,000, Belmont, $20,000, and Lowell, 810,000. Mount Holly will be considering at a. soon to be announced: meeting, and we are awaiting direction from McAdenville. Each. has indicated fnding to come from the ARP finding which all. seem to agree We are proposing that Cramerton consider a level of $10,000 to $20,000 on an annual basis. Our team, plans to be at the meeting to answer any questions your leadership might have, but if  background information is included in the agenda packet.  following the impact oft the Covid-19 pandemic.  meets the criteria.  you need additional info, please let me know.  Thanks for all you do. Marc. Jordan. IOM, CCE President/CEO Montcross Area Chamber 115N. Main Street Belmont, NC. 28012 Office: 704-825-5307 Ext. 101  155) North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  5    Montcross Emerge Overview  SCOPE  Montcross Emerge is a targeted community and economic growth program initiated and overseen by the Montcross Area Chamber of Commerce focused on growing and expanding the economies of Belmont, Cramerton, Mount Holly, Lowell, Stanley, & McAdenville. Emerge will focus on 4 core areas to help the Montcross Communities and Chamber members capture opportunities beginning in 2021, as  we EMERGE from the Covid-19 pandemic.  I.N Marketing and Communications  A good story becomes a great story when it is shared! Marketing and Communications need to be a priority to strengthen the opportunity to attract people and connect with small businesses to thrive in 2021. Surveys have shown businesses know about 10% of what is available to them, therefore great programs will never be utilized unless the efforts to communicate are intentional. A great marketing and communication strategy  should encompass:  As strong web platform connecting all parties. The Montcross Chamber web platform needs to be home based and all other communication flows out, Social media platforms need to tell the story of each town, supporting and Programming and forecasting of all media outreach 30 days in advance. Key events or activities can be boosted with proper planning and coordination. Target activities to specific groups. Remote workers, small businesses, etc. Better understand and communicate area assets/offerings. Ex. Access to the Use outreach campaigns to build stronger support, buy in from internal supporters/members. Educate stakeholders ongoing with metrics, success stories, and ask for their endorsement to become a part of the message. Monetize marxelingcommuncation opportunities to expand reach of messaging  connecting and communicating back to the Chamber.  complementing their efforts.  need to be intentional and targeted.  airport, new housing developments, affordability, etc.  and organizational opportunities.  6    Montross Emerge - Marketing and Communications  Bet the economic development voice for communities and members. Create intentional messaging for each town ongoing to build stronger support and increase stakeholder opportunities. Reinforce each community's unique Position Chamber as a voice of the economy, positioning area for economic Show existing supporters and future supporters the value proposition ongoing  story.  growth and opportunity.  through targeted and intentional outreach.  Montross Emerge Platform for Sucessimplementation  Investment in a new Chamber Web Platform. This will be the platform that will manage the increased stakeholder opportunities and management of activities. Outside Support. 2 Chamber employees cannot do this alone. Contract opportunities in areas of economic development and marketing can make immediate impacts without overhead and long term commitments. We can start Additional funding. Capturing new markets, increasing support to small businesses, and telling our story will need funding. The opportunity is now, let's get out front and get to work! Our small businesses are one contract away from growing, and one contract away from going away! 3-year commitment would be  Technology will free staff up to help in other areas.  small and grow.  optimal following 2020.  II. Small Business Recovery and Growth  2020 has been challenging and enlightening for many small businesses. 2021 is seen as an opportunity for growth, recapture of market opportunities, and new beginnings. Communities must position themselves to assist, support, and champion opportunities tol help small businesses. Small Businesses in 2020 faced many of the following:  Reduction or loss of revenue opportunities. Downsizing or reduction of direct/indirect labor. Expanded debt to maintain fixed costs during owntumsishutowns. Reduction in customer PendingsuDscnplons. Changing market dynamics and customer expectations. Increased capital expenditures to accommodate market opportunities. Short and medium term reevaluation of growing concerns. Increase costs for compliance and accommodation.  7    Montross Emerge - Small Business Recovery & Growth  Targeted programming to overcome obstacles and capture new market Emphasis on the critical importance of Diversity, Equity and Inclusion (DEI) in Cultivate relationships with community groups, non-profit organizations, local businesses to include additional DEI options and opportunities Develop programming, seminars and training to assist businesses and communities on developing, engaging and implementing DEI Events provide events or partner with organizations Consultative support, giving one to one support of professionals to help small businesses represented by Montcross Chamber to thrive, not merely survive. Consultant(s) will use concierge models, identifying resources and solutions to assist small businesses in a timely and efficient manner. Key performance indicators will be used to measure impact and success. Over 2,000 small Build an eco-system from primary (survey, input from consultants) and secondary data (market research) to better support and encourage small business growth.  opportunities for small businesses. growing and sustaining our businesses.  businesses exist in Montross Chamber communities.  III. Wealth Creation /Remote Workers Overview  The recent pandemic has illustrated a new economic opportunity, to attract remote workers. Remote workers tend to be based in higher paying industries, therefore remote workers are more than likely to own homes, and 3 times less likely to lose their jobs in economic downturns. The following projections illustrate the potential regarding  remote works:  80% of company leaders plan to allow employees to work remotely at least part of the time after the pandemic. 47% will allow employees to work from home full- time (Gartner). 669 CEO's were surveyed, 78% agree that remote collaboration Upi to 34% of US Jobs can be performed at home (University of Chicago) More than half of home buyers who work remotely say remote work influenced a major home change, whether moving to a different house (28%) or to a different Remote workers are realizing they have more real estate choices than ever. According to Zillow, 4.5% of renters in the US (nearly 2 million renter households) who would otherwise be priced out of their current market can now purchase a starter home somewhere else in the US, thanks to remote work.  is here to stay for the long term.  location (24%).  8    According to Upwork, 41.8% of the American workforce continues to work remotely. Although an estimated 26.7% will still be working from home through 2021, 36.2 million Americans (22% of the workforce) will be working remotely by 2025. This is a staggering 87% increase from the number of remote workers  prior to the pandemic!  Attraction of Remote Workers  Position our Montcross Communities to embrace, endorse, and capitalize on remote workers. Attract higher income individuals to relocate, live, work, and Communicate and educate Chamber members on remote work opportunities. Incorporate remote work as an economic development strategy in each of our six communities, Belmont, Cramerton, Lowell, Mt. Holly, McAdenville, and Stanley.  love our communities.  IV. Promote and Support Health and Social Impact  Montcross Emerge will assist the area's public health agencies, hospitals, and medical community in connecting businesses and the public to assure every eligible person is given the opportunity to receive proper health care, health screenings, and vaccinations. Create a "Healthy People - Healthy Business" web page linked to the Montcross Area Chamber and Montcross Emerge. This page would showcase locations to receive vaccinations, health screenings, and other targeted medical treatments. Offer events such as Family Fun Day which is partnered with local non-profit organizations, athletic facilities, businesses and towns to promote hiking, biking, kayaking, boating, work-out challenges, utilizing the Carolina Thread Trail, and more. These events are catered to the entire family - not just business Connect business success to social determinants and offer options to offset Provide continued education regarding COVID-19 vaccinations, recovery and  Educate and promote a healthy balanced lifestyle  professionals.  needs in the communities we serve.  relief  9    Montcross Emerge  An economic growth initiative of the Montcross Area Chamber of Commerce  Montcross Emerge City and Towns Deliverables: Link to Emerge webpage for City/Town  Communications and marketing counsel from professionals contracted by Economic development, strategic planning, building and sites reuse consulting Social media campaign recruiting remote workers to relocate to area, linked to  Emerge provided towns webpage  Support for existing small businesses and start up businesses  Promotion of Health and Social Impact Additional deliverables may be determined  10    R. Marc Jordan, IOM, CCE, has been, until recently, the president and CEO oft the North Myrtle Beach Chamber of Commerce and has served in that role since 2008. Prior to joining the North Myrtle Beach Chamber, Jordan spent time working for the United Way and other chambers of commerce throughout the southern states, including Under his leadership, the North Myrtle Beach Chamber received 4-star accreditation from the U.S. Chamber in 2009 and 5-star accreditation (the highest honor) from the U.S. Chamber in 2014. The North Myrtle Beach Chamber is one of only eight accredited Jordan has held numerous volunteer leadership positions throughout his career. These positions include chairman of the Metro. Cities Council and chair-elect for the Association of Chamber of Commerce Executives (ACCE). He relinquished his pending chairman's position while awaiting a heart transplant and eventually returned to his adopted home of Lynchburg, Virginia. Jordan was also recognized by his peers as Chamber Executive of the Year in North Carolina and most recently as Chamber Executive of the Year in South Carolina. He has also served as president of his state In August of 2006, Marc was presented the Life Member Award from the Association of Chamber of Commerce Executives, the highest award bestowed by the association, for Marc's leadership and contributions as a chamber professional over his 40-year  Norfolk VA, Raleigh NC, and Memphis TN.  chambers in South Carolina.  associations in TN and NC.  chamber career.  Having accepted the President and CEO position with the Montcross Area Chamber in December 2020, Marc and his wife Vicki now reside in Belmont; they have three grown  children and two grandchildren.  11    Andrea Sipka Bio Expense Reduction Specialist  Schooley-Mitchell Gastonia, NC  Andrea Sipka is a current Montcross Area Chamber Board Member and Chamber Champion. She has supported MACC for many years and is an amazing volunteer. Andrea will be leading the Operational Efficiency Team for Montcross Emerge. As a Schooley Mitchell expense reduction consultant, Andrea has recently reduced expenses by more than $700,000 for local businesses. She and her organization are focused on reducing expenses for telecom (mobile devices, voice services, internet, asset managemenVELDS), shipping (priority, first class, ground and courier services), merchant services, eSign platforms, storage and waste (shredding, dumpsters, roll-off, cardboard recycling, oil recycling, biohazard disposal), fleet fueling, and more! Inp partnership with the Montcross Emerge initiative, the Operational Efficiency Team will be well rounded to include the above mentioned areas as well as Lean Six Sigma, manufacturing automation, document management, company benefit audits, hiring  incentive and tax reduction, fractional leadership, and more.  12    Keanu Trujillo Bio - CEO True Strategy Belmont, NC  Keanu is a coach and entrepreneur who specializes in scaling businesses through building people and building systems, in that order. He believes when you accelerate relationships you accelerate results. His coaching revolves around the belief using a tool called the Enneagram combined with his own professional experience. Keanu has a background in law enforcement, military, ministry, and financial services. Keanu is a first generation entrepreneur and exists to build and establish the legacy of other entrepreneurs. Born and raised in New Mexico, Keanu currently calls Belmont, NC his Keanu aims to support the Montcross Emerge Program, specifically through strategic planning, teaching and coaching. Keanu is establishing two paths for growth for the existing business owner and the early entrepreneur. Each path is created to build leaders and in turn build their businesses. Keanu will personally teach in the areas of leadership, self awareness, emotional intelligence, team building, and scaling through  home.  systems.  13    Scott Darnell Bio - Economic Development Strategist  Cramerton, NC  Scott Darnell has over 20 years of economic development experience at the local, regional, and state levels. As a practitioner, he has created and implemented strategies  with the following:  New Business Recruitment Retentuon/Expansion of Local Business Small Business Growth & Development Real Estate Development & Reuse Holistic Economic Development Planning Marketing Strategies & Change Management Public & Private Strategies  Scott has been recognized as a TOP 50 Economic Developer Nationally in 2018 and received an award from the International Economic Development Council for real estate cueveopmentauapive reuse. He also has served as an advisor for public/private partnerships and incentive policy development for local governments throughout the Southeast on projects exceeding $1 billion of capital investment. He has conducted over 1,000 industry visits and has implemented pilot projects for workforce development. Scott holds certifications in Economic Development (CECD) from the International Economic Development Council (IEDC), Project Management Professional (PMP), and Certified Change Manager (Prosci), MBA (Masters of Business Administration), Gardner  Webb University. He is a member of AlignPM, LLC.  Del Barajas Bio - CEO Barajas Company  14    McAdenville, NC  Del Barajas is an experienced Chief Executive Officer and entrepreneur with a demonstrated history of working in the information technology industry, restaurant industry, sales and service industry, and non-profit organizations for 15 years. Skilled in all things Digital Marketing, Non-profit Organizations, Budgeting, IT infrastructure and growing businesses through attention based marketing. Strong business development professional with an Evangelism focused in Youth Ministry from Valor Christian College. Del has experience as a public speaker from small teams to large keynotes. Del is the owner of the Barajas Company located in McAdenville, NC where he lives with his wife and three children. The Barajas Company is a full service marketing strategy company that strives to build long-term relationships between your business and your marketing strategy. Del and his team specialize in media, communications,  digital, strategy and reporting, and more.  15    OFCRARE  TOWN OF CRAMERTON  EST.  1915  Manager Memo  TO: Town of Cramerton Board of Commissioners (BOC)  FROM: David Pugh, Town Manager DATE: August 5, 2021 Background Information  RE: Cramerton Stormwater Master Plan Initial Presentation and Distribution  On the August 5th BOC meeting agenda is an initial presentation and review of the Town of Cramerton Stormwater Master Plan, which was done by the engineering firm LaBella. Within the August 5th agenda packet is the initial executive summary of the plan. Cramerton Staff and Bonnie Fisher, P.E. ofl LaBella will distribute the full plan at the August 5th meeting during the presentation. Staff recommends the BOC review the final draft of the Stormwater Master Plan and consider approval at the August 19th BOC Further background on the development of the Stormwater Master Plan is below from Since the Town renewed our MS4. stormwater, permit with NCDEQ in 2017, we have been working on a unified program to institute the stormwater updates required by that permit. In 2018, the Town reviewed the stormwater utility fee rate structure and moved; from aj fat rate structure to one based on equivalent residential units (ERUS), which has ensured that nonresidentidl users in the Town paid a more equitable amount towards the Town's stormwater In 2019 the Town released a request for qualifications. for on-call stormwater services, and chose 3j firms to assist us with updating the stormwater program. LaBella was chosen in 2020. to assist the Town with completion ofasystem-wide mapping update, as well as the creation ofa Stormwater Master Plan. The intent ofthe Stormwater Master Plan was to evaluate the stormwater infrastructure existing in the Town's network; andi recommend improvements to the system that would ensure its longevity, relieve known existingflooding issues, and hopefully prevent future problems with maintenance and flooding. Byr reviewing the Cramerton storwater system holistically, LaBella was able to make data-driven recommendations ini the Stormwater  meeting.  P&Z Director, Josh Watkins:  program based on impervious area.  Master Plan.  Perspectivel Recommendations  This will be an initial presentation, distribution, and review of the Cramerton Stormwater  Master Plan. Therefore, no recommendations at this time.  1551 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  16    1  I.  BACKGROUND, PURPOSE, AND  DEFINED STUDY AREAS  Background  The Federal Clean Water. Act (CWA) of 1972 established regulations for discharges of pollutants into the waters of the United States and defined quality standards for surface waters. The EPA's National Pollutant Discharge Elimination System (NPDES) stormwater program oversees permitting for such discharges. Under the 1999 Phase II implementation of the NPDES program, small municipal separate storm sewer system (MS4s) in urbanized areas, as defined by the U.S. Census Bureau, were required to obtain NPDES permit coverage for their stormwater discharges. Under the Phase Il criteria, the Town of Cramerton (Town) was identified as a small MS4 community andi in 2005 was issued al NPDES Stormwater Permit by the NCI Department of Environmental Quality. In 2007, the Town established a municipal Storm Water Program to provide funding and to facilitate compliance  with the NPDES permit. Purpose  As part of its Storm Water Program, the Town has developed this Stormwater Management Comprehensive  Master Plan (Plan) with the following goals and objectives.  Evaluate existing storm drainage infrastructure capacity.  Identify potential improvements to bring under-capacity drainage systems to an acceptable level of  service.  Prioritize improvement projects based upon objective criteria. Identify possible Capital or Neighborhood Improvement Projects (CIP or NIP). Consider future administrative policy needs. Identify future system maintenance needs.  Additionally, the Town's implementation of projects must be objective and quantifiable sO that the overall community's goals are addressed, with maximization of limited funding. The ranking protocol and criteria tool developed as part oft this study offers ay way to objectively, justify which project may take priority over another when  discussing the program needs with the community, elected officials, and stakeholders.  Brief History and Defined Study Areas  Since its beginnings in 1915, the heart of the Town of Cramerton was established around the river, the railroad, and the textile industry. Textile manufacturing supported the livelihood of the community with jobs, houses, utilities, paved streets, concrete sidewalks, and basic drainage infrastructure provided by the mill owner. As time passed, the textile milli in Cramerton eventually closed, and around 1967 operation and ownership of the existing milli infrastructure was taken over by the Town as a service to its citizens. The mill villages tended to be densely developed, served by narrow streets with few structures to capture surface stormwater runoff and minimal  17    2  drainage pipes to convey the runoff to nearby streams or channels. In many cases, this acquired aging infrastructure was found to be built to unknown design standards and sometimes atypical installation methods, Many of thes storm drainage concerns have been observed in neighborhoods that are part of these old mill villages. Because of the age and unknown nature of the inherited textile infrastructure systems, the Town staff and Board ofCommissioners elected to limit thes scope and geographical area of this initial Plani to specifically identified areas of greatest concern, namely the communities of New Town, Old Town, Washington-Eighth, Town Center, and Baltimore. Additionally, the community of Lakewood, which was developed as early as the 1950's, was targeted See Figure 1 for a Vicinity map: showing the location of the neighborhoods included in this study on the following  with the storm drainage systems being no exception.  for study due to its aged infrastructure.  page. Exceptions  The study is limited to the existing pipe systems' capacity to carry stormwater flows and does not consider the existing physical conditions of pipe materials, potential obstacles or obstructions to flow, or other unforeseen The scope of thes study does noti includei inlet capacity analysis fort the catch basins locatedi in thes street for purpose This scope of this study does not include analysis of systems that are part of the FEMA regulated streams. Compliance efforts for FEMA streams are administered under the Town's Flood Hazard Damage Prevention  circumstances.  ofi identifying surface drainage deficiencies.  Ordinance.  18    Figure 1: Vicinity Map of Study Areas  3  KEASUVAS  MNAS Ne  LK  PCATF D- WASHINGTON-EIGHTH  E-NEWT TOWN  A- LAKEWOOD:  C-TOWN CENTER  PINEON FOLDTOWN  n  -CCSHASESIS Legend Neighborhood Study! Limits A-L Lakewood Neighborhood B-E Baltimore Neighborhood C-1 Town Center Neighborhood D-Washington- Eighth Neighborhood E- New Town! Neighborhood F-Old Town! Neighborhood Street Centerline  BALTIMORE  "wis  *Note that the term' neighborhood" as used in this report may refer to one or all of the defined areas described here.  19    STATE OF NORTH CAROLINA COUNTY OF GASTON TOWN OF CRAMERTON Special Called Meeting June 10, 2021  Thel Board of Commissioners for the Town of Cramerton met on Thursday, June 10,2021, at6:15 Call to Order and Determination ofQuorum. Mayor Cauthen asked each ofthe commissioners to state their attendance. Commissioner Abernathy stated she was present, Commissioner. Neeley stated she was present, and Commissioner Helms stated he was present. Mayor Cauthen determined there was a quorum. Commissioner. Atkinson attempted: to join the meeting but was having technical difficulties with his phone. Mayor Pro Tempore Koutsoupias was not present. Staff Present: David Pugh, Town Manager; Attorney Karen. Wolter; Josh Watkins, Planning Adoption of Agenda for this meeting. A motion was made by Commissioner Helms to adopt the proposed agenda. The motion was séconded by Commissioner Neeley. The vote was 5t to0 in favor and passed unanimously. Commissioner Helms wants to amend the proposed agenda to add ai real estate negotiation discussion. Attorney Wolteradvised that an item can only be added to the agenda if there is. a full quorum of the Board. The Town Manager asked that NCGS 143- 318(a)(6) to consider the qualifications, competence, performance, condition of appointment ofa public officer or employee or prospective public officer or employer be removed from the agenda. Ar motion was made by Commissioner Neeley to adopt the amended agenda. The motion was seconded by Commissioner Helms. Commissioner Abernathy voted yes. The vote was 3t to0i in favor. Commissioner Atkinson was unable toi respond. Mayor Pro Tempore Koutsoupias was not A motion was made Commissioner Abernathy to enter into closed session. The motion was seconded by CommissionerHelms. Commissioner Neeley voted yes. The vote was 31 to0ini favor. Mayor Cauthen asked for. a verbal roll call. Commissioner Abernathy present; Commissioner Atkinson present; Commissioner Neeley present; Commissioner Helms present; and Mayor Pro An motion was made by Commissioner Helms to1 return to open session. The motion was seconded by Commissioner Abernathy. Commissioner Atkinson voted yes; Commissioner Neeley voted yes; and Mayor Pro Tempore Koutsoupias voted yes. The vote was 5 to 0i in favor. No action was  p.m., via the Zoom meeting platform for a special called meeting.  Director; and Wilene Cunningham, Town Clerk.  :  available.  Tempore Koutsoupias present.  taken by the Board while in closed session.  Town of Cramerton Special Called Meeting- June 10, 2021 Pagel  20    Agenda Items not requiring a Public Hearing: a. Planning & Zoning  - Discussion regarding Wilkinson & Lakewood Overlay Zoning District: The Planning Director provided an overview regarding a request to the Town about considering changes to the language in the Lakewood Overlay Zoning District. A request was received in 2018 from the Gaston County Economic Development Commission requesting consideration by the Town to amend the Lakewood Overlay Zoning District to include the construction of apartments. An additional request has been received asking again for reconsideration by the Town to amend the Lakewood Overlay District to allow apartments as the current overlay does not Commissioner Abernathy asked to respond to that request as she understands the reason why the request was made. She said she could think back to 2016and2017 when we went through a pretty extensive and vigorous process to put together the Lakewood Overlay Zoning. We had quite a bit of community input. The Planning Director at that time took great care to invite the community to join feedback sessions. One session was. held at Town Hall which included big posters and photos and we listened to the citizens of our Town;. and the Board members at that time made their decision.: In 2018 when we. récéived the request to reconsider the decision we had made and we rejected it. In her understanding, the reason why was that we. had made a decision for this overlay that was aligned and consistent with the vision and mission of our Town. She asked anyone listening to the meeting tonight to: please visit the Town's website and' look at the beautiful graphic organizer that shows exactly what our values' and beliefs and our mission and vision are for our Town. Ultimately that. is who we owe our decisions to, the citizens of Cramerton. I personally understand there are other goals and visions that other entities at the county: and: other levels may have, but my responsibility is to the citizèns, of the Town who elected me to serve in this role. Ialso understand that as Board members we yery often speak of smart growth. We speak of Building a Better Boulevard. She has lived in several apartments in her life and apartments are a good option tol have. But wel have quite a few apartments around this area that the Lakewood Overlay Zoning encompasses. We have already made the decision we felt that ist the bést service to this Town and this is the current plan that wel have. She asked her fellow commissioners to consider not granting this request as she will personally not be voting for this request. Iwill stay aligned and consistent and true to the vision we have had all along for this area of our Town. Commissioner Atkinson stated the Town is currently in the midst of updating our Land Use Plan while gathering community input and this is not the best time to be discussing any type ofrezoning. We: should wait and see what our consultants will have to say and we need to stay with our plan. He understands this is fast moving but doesn't feel the Town should make a decision to steer from our plans. This plan was developed several years ago and they may come back with a different recommendation. The Town is paying the consultants a lot of money to help us with our vision. The Town has limited parcels available for commercial  allow apartments.  Town of Cramerton Special Called! Meeting June 10, 2021- Page2  21    development and this is one of the main ones and he does not want this area to be Mayor Cauthen asked staff in this recommendation if a text amendment was prepared would this still require any potential developers to go through the conditional zoning process. Thel Planning Director stated staffwould certainly look to wordi it that way but would not recommend making it a use by right. Ifthe Board would move forward with this then staff would recommend making it subject to approval of conditional zoning. Mayor Cauthen asked if with conditional zoning if a developer submitted something that was, technically compliant such as apartments, then we could place specific conditions to be implemented on what style of apartments along with type, quality, and possibly having them age- Commissioner Helms asked about conditional zoning. if the number of apartments would be negotiable. The Planning Director said yes.. Commissioner Atkinson asked about the procedure for changing zoning use by making a text amendment without aj public hearing. Attorney Wolter stated. any text amendments will require aj public hearing and the Planning and Zoning Board would be part of the process prior to the amendment being brought in. front of the Board of Commissioners for adecision. The Planning Director stated staffis asking for direction and guidance from the Board tonight prior to beginning the proçess with advertising for aj public hearing and then going to the Planning and Zoning Board and is this something we should pursue, or not. No changes to the ordinance are being asked for tonight,just Commissioner Helms asked fort the ratio ofsingle-family homes to apartments. Our ratio was getting into: forty, (40) percent awhile back and it gave him concern about publiç safety per. information that was offered by the department heads. He asked what the ratio is now: compared to years ago when the plan was put together. The Planning Director stated: the past ratio was 65% single-family units and 35%1 multi- family units. The. current râtio is 83.4% single-family units and 16.6% multi-family units. Commissioner Helms asked if the Town was not receiving any development offers because of the: zoning restriction regarding apartments. He said he would be willing to listen to the possibility if somebody wanted to put some level of apartmènts there and have a control function whether that's the Planning and Zoning Board or the Board of Commissioners under conditional use, that we are willing to talk about it, but we are not willing to put hundreds and hundreds of apartments there. If there is a plat in multi-use such as retail, commercial, condominiums and apartments, and apartments are part of the equation he would be willing to talk about that but nothing has come to the Board to consider. Ifthis is because we have apartments locked down and is this why we are not hearing Mayor Cauthen stated Donny Hicks with Gaston County Economic Development Commission could be asked to attend a meeting and allow the Board to ask him  jeopardized with the construction of apartments.  restricted. The Planning Director stated that would be correct.  guidance on whetheror not to follow this process.  anything over the past few years then that is a problem.  Town of Cramerton Special Called Meeting- June 10, 202! -Page3  22    questions directly. Commissioners Helms, Neeley, and Atkinson were agreeable tol Mr. Hick's making aj presentation to the Board. Commissioner Abernathy asked to what end would our question asking with him be. You mentioned the word you did not want us to feel pressured but we are discussing an economic development opportunity that should stand on its own realistically but we are being asked to switch a decision that we already made years ago that is really not related to that opportunity. Ia am not sure where we are headed here. Iwill say one other thing about the data. I know we all look at data differently. The data the Planning Director shared with us is for the whole square footage/mileage of our Town, correct. The Planning Director stated that was correct. Even though no one else might be interested in this particular pinpoint data Iv would bei interested int that ratio as it concerns that particular intersection. That is relevant data as well. We talk a lot about the gateways into our Town. We are planning on spending thousands of dollars on beautiful Town entrance signs. We talk all the time about Build a Better Boulevard. That is the ratio that I would feel would be interesting to see. Commissioner Helms stated communication with Mr. Hicks would strengthen the Board's understanding. He would like to ask, why this parcel isn't moving and is this due to the zoning overlay restricting apartments. Commissioner Abernathy stated sO we would be inviting him to come to an open session to describe to us why a decision we. have already. made is not the correct one. Mayor Cauthen said Idon't know if! he would phrase it that way but what he would be asking for is an opportunity. Commissioner. Abernathy to try and persuade us to make a different Commissioner Helms said that was not his request ofhim. My request ofMr. Hicks ist tol have him as the eçonomic development counselor for the county, and wel have set, the ordinance within Cramerton, what possibilities do we have to gain commercial or other developments in that area. Iwant to hear that from him. If hes says we are going to get nothing unless you open up apartments thati is significant for me to understand. The other point I would like to understand is how many people have approached him suggesting apartments and] hel has turned away. Ifthat included some type ofi mix that included retail, commercial, single-family, Iv would like tol know that and has someone approached us and ist that going on and we don't know about it. That is at least two of the questions Ihave for Mr. Hicks. Commissioner. Abernathy stated as the Planning Director referenced in 2018 the matter was brought back to us and whomever was on the Board at that point stayed consistent with the decision that had already been made because it had been made on certain principles. Ifit is the will of the Board for him to come, so be it. Commissioner Atkinson commented he would like for him tol know what our goals and objectives are, which may be totally different from his. I am open to a  decision.  conversation.  Town of Cramerton Special Called Meeting- June 10, 2021- Page4  23    Mayor Cauthen stated since there is no action to be taken tonight. There seems to be a general desire for more information and inl having a discussion with Mr. Hicks ifhe is willing to and wants to present to us. Staff was asked to facilitate ai meeting with Donny Hicks with EDC to discuss possibilities for commercial development in this zoning district unless it is opened up for construction of apartments. The Town Manager stated he would contact Mr. Hicks and plan on having him present  information to the Board at the July 15th meeting.  Adjournment: A motion was made by Commissioner Neeley to adjourn the special called meeting at 7:32 p.m. The motion was seconded by Commissioner Atkinson. Commissioner Abernathy voted yes; Commissioner. Helms voted yes;and Mayor Pro Tempore Koutsoupias voted  yes. The vote was: 51 to Oi in favor.  Will Cauthen, Mayor  ATTEST:  Wilene Cunningham, Town Clerk  53  Town ofCramerton Special Called Meeting- June 10,2 2021-Pages  24    STATE OF NORTH CAROLINA COUNTY OF GASTON TOWN OF CRAMERTON June 24, 2021  Thel Board ofCommissioners for the Town ofCramerton met on Thursday, June 24, 2021, at 6:00 Call to Order and Determination of Quorum. Mayor Cauthen called the meeting to order. Members Present: Mayor Pro Tempore Koutsoupias, Commissioner Abernathy, and Commissioner Atkinson were present. Mayor Cauthen and, Commissioner Helms were not Staff Present: Attorney Karen Wolter; Josh Watkins, Planning Director; Police Chief Adams; and Wilene Cunningham, Town Clerk. David' Pugh, Town Manager, was absent. Invocation and Pledge of Allegiance. Commissioner Neeley provided the invocation and the Adoption of Agenda for this meeting. A motion was made by Commissioner Neeley to approve the amended agenda. The motion was seconded by Commissioner Abernathy. The vote was 4 to Public Comment(Electronie: Noone signed up to speak and there were no electronic comments  p.m., at the G. M. Michael Commission Chamber.  present.  pledge of allegiance was given by all:  Oin favor.  to be entered into the minutes. Proclamations  Indepéndence Day Proclamation: Al Proclamations celebrating July 4tha asl Independence Day in Crâmerton (and in the United: States) to honor America's 245th year as an Independent Nation! A copy oft the signed proclamation will be placed in the minutes book.  Presentation  Cramerton Ministerial Association  I Presentation regarding The Gateway Gaston program. Pastor David Julen and Dwayne Burke presented information to the Board about The Gateway Gaston Program. They asked for the Board to consider providing information to the citizens about the availability of this program. This program offers opportunities for anyone in need a chance to receive counseling and budgeting. Donations from the community will be accepted but there will also be an opportunity for individuals to be trained as volunteers.  Informational material for distribution was provided. Consent Agenda: Consider approval oft the consent agenda.  a. Minutes  . June 3, 2021 BOC: meeting minutes.  Town ofCramerton- - June: 24, 2021-Page I  25    b. Finance  ii. Budget Amendment #2021-19: End of fiscal year (FY 2020-2021) department iii. Set public hearing for the Cramerton BOC July 15, 2021 meeting at 6pm (held at Cramerton Town Hall) for RZ21-01 Overlook at Riverside/ Redhawk Amendments.  adjustment/ transfers. - Planning & Zoning  Ar motion was made by Commissioner Neeley to adopt the proposed consent agenda. The motion  was seconded by Commissioner Abernathy. The vote was 41 too Oin favor.  Agenda Items NOT Requiring a Public Hearing  a. Planning & Zoning i. Street Lighting Policy  1. Action Item: Approval of Street Lighting Policy, The Planning Director stated that research on thel Duke. Energy website indicated that WattLEDi is thej preferred method of identifying the light output of a fixture. Staff recommends staying with the Watt LED tol be consistent with the lighting provided. Staffrecommends: the new lighting preference be between 3000 and 6000K. Below 3000K is considered too warm for safety, and above 6000K is when the light starts to become blue/purple and. somewhat unnatural. Commissioner Atkinson asked about pole spacing. With; the new policy the Town will be involved with Duke Energy with lighting and spacing of poles. Per the lighting policy, developers will bei required to meet thè minimum lighting requirement, but cannot reduce the number of required lights. A motion was made by Commissioner Abernathy to adopt. the proposed street lighting policy. The motion was seconded by  Commissioner Atkinson. The yote was 4 to 0 in favor.  Manager's Report: The Planning Director. stated the Town Manager is on vacation.  General: Staff Reports (as needed)  Update from Two Rivers Utilities: A copy of the TRU report will be included in the  minutes book.  Parks and Recreation: No update. Public Works: No update. Fire Department: Noupdate.  Police Department: Chief Adams stated there will be a three-day Colt Semi- Automatic Rifle Class to be held in the police department beginning on Monday. The Police Department is in the final process of a new. hire to fill the position for the new Planning and Zoning: The final permit for the Courtyards at Cramerton has been issued. The landscaping has been completed for the apartments on Wilkinson Boulevard. The Courtyards at New Hope project will be starting soon and the closing iss scheduled for. July 15t. Commissioner Neeley asked about the status ofthel high grass at the two (2) houses that are on New Hope Road. The Planning Director stated these homes are located in the Town'sextra-teritorial jurisdiction and the Town'sl high grass and minimum housing ordinances are not applicable. Commissioner Atkinson asked  fiscal year.  Town of Cramerton- June 24,2021- Page2  26    about the public feedback from the Land Use Plan input session. The Planning Director said information is being put together and the survey for additional input will be open until the end of June. A draft plan will then be created and a second public input  meeting will bel held. Town Attorney: Nothing to report. Town Clerk: Nothing to report.  Topics of Discussion for Each Commissioner:  Commissioner Neeley said she attended several local events. The Community Committee will be holding a "Meet the Storm" event on August 7tht that will partner with thej police department. Work continues on the kayak/canoe rack and stenciling ofthe storm drain manhole covers. The Planning Director stated the stenciling of the storm drains will be included as part of the stormwater Commissioner Abernathy said she wanted to follow up to ensure the downtown local businesses were aware of the Catawba Riverkeeper kayak tours. She asked that her fellow commissioners continue to follow up with the' Town Manager about the request to do a cut out of the curb coming off of the Goat Island Bridge once the quotes are received' later this summer. She met with the Town Manager a few days ago and discussed the Goat Island utility bridge and continued maintenance of the planking as there are various gaps between the planks throughout the bridge. She stated that the downtown lighting including Goat Island has not been on at nights. Commissioner Atkinson stated that the lights had béen turned off due to the mayflies. She offered her thanks to the presenters tonight regarding the Gateway Gaston Program. She advised Chief Adams that she keeps him and his staffin her prayers: and thanked him for keeping the Town safe. Commissioner Atkinson asked about the Town's newsletter and ifit could be published monthly instead of quarterly. Mayor Pro. Tempore Koutsoupias stated that citizens were being encouraged to visit the Town's s website for, information. Commissioner Atkinson asked about attendance at the pool, Mayor Pro Tempore Koutsoupias stated there has been ai national shortage ofl lifeguards and this could be a factor. The Planning Director stated that one reason may be that since the COVID: restrictions have been lifted many people have returned to work. Commissioner Atkinson stated that he, Jack Brown, and. Jeff Ramsey have been working with Jason Luker, Director at the Gaston County Museum, about a loan of a mannequin to display a uniform for the Cramerton Historical Society. The Cramerton Historical Society will hold a grand opening on Saturday, Mayor Pro Tempore Koutsoupias stated he was glad the Board is able to return to Town Hall for meetings. He reminded everyone that the fireworks will be held on Saturday, July 3rd. The  program. A miniature boat regatta is scheduled for. July 24th.  August 28th. He asked ifthis event could be linked to the Town's website.  Catawba Riverkeepers kayak/canoe shuttle tours will begin this weekend.  Closed Session  a. [N.C.G.S. 43-318.11(a)(3) Consult with the attorney to protect the attorney-client privilege. A motion was made by Commissioner Neeley to enter into closed session. The motion was seconded by Commissioner Atkinson. The vote was 41 to 0 in favor.  Town of Cramerton- - June 24,2021-Page3  27    Amotion was made by Commissioner Neeley toi return to open session. The motion was: seconded Adjournment: Upon return to open session and no action taken by the Board in closed session, amotion was made by Commissioner Abernathy to adjourn at 8:17 p.m. The motion was seconded  by Commissioner Atkinson. The vote was 4 to 0.  by Commissioner Neeley. The vote was 41 to0i in favor.  Demetrios Koutsoupias, Mayor Pro Tempore  ATTEST:  Wilene Cunningham, Town Clerk  Town of Cramerton- June 24,2021- Page 4  28    OFCRARD  TOWN OF CRAMERTON  Manager Memo  TO: Town of Cramerton Board of Commissioners (BOC)  FROM: David Pugh, Town Manager DATE: August! 5, 2021 by Pharr Technologies Background Information  RE: Upgrade and Installation of Cramerton's Network Server System (Software and Hardware)  Cramerton staff has been working with the Town's information technology (IT) contractor, Pharr Technologies, regarding an upgrade to the Town's network server system. In the August 5th agenda packet is a quote from Pharr Technologies to perform this necessary tasks. Also included in this agenda is budget amendment #2021-02 for the amount of $20,000. Within the $20,000 amount is the cost of the work from Pharr Technologies and the cost to do financial software system migration by Harris Recommended server refreshment cycles are every approximately every 4-5 years. Cramerton has just ended year five ofi its current server system network set-up. Because of COVID-19, this was an item that was delayed due to the outside technical labor that is needed to come into Town Hall. This server system upgrade will align better with Cramerton's recent software upgrade to Windows 10 completed in 2019. All of these upgrades increase Cramerton's network and cyber security. While Cramerton's current server is still functional, it is an industry standard to be proactive in replacement and upgrade of hardware and software, respectively.  Governmental at $1,250.  Recommendation) Perspective perform the necessary server upgrades.  Staff recommends approving budget amendment #2021-02 for Pharr Technologies to  155 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  29    Town ofCramerton Budget Ordinance Amendments Fiscal Year Ending June 30, 2022  BE: IT HEREBY ORDAINED by the Board of Commissioners that the Budget Ordinance ofJ June 3, 2021 is he Section 1. The following amounts are hereby appropriated for operations of the Town of Cramerton and its activities  amended as follows:  for the fiscal year beginning July 1,2021 and ending June 30, 2022 as shown below:  Deparment-Account Description  Account  Debit  Credit  #2 Capital Outlay-Gen Govt-Equipment  10-7000-411 $20,000.00 10-3991-991  Fund Balance Appropriated  $20,000.00  To fund new server hardware, software and installation  with migration from old server  Section 2. Copies of this amendment shall be provided to the Town Finance Officer and Town Clerk to be kept on file by them for the direction and disbursement of Town funds.  ADOPTED and effective this the 5th day of August 2021.  William Cauthen, Mayor  ATTEST:  Wilene Cunningham, Town Clerk  30    PHARR TECHNOLOGIES ITmadersy  Quotation 10280 NET30 David Pugh daughecrametton.org 704824.4337 7/13/2021 7/16/2021 Sales Rep: Ben Peeler bpeeler@phartechnologies.com  Quote # Terms Contact Quote Date Expires  215 S Trade street Shelby, NC 28150 P.-P-704487-4311 f.F F-(704)487-4380 www.pharrtecnnologies.com Customer Town of Cramerton David Pugh 155 N. Main St. Cramerton, NC 28032 UNITED STATES 704 824.4337 dughacramerton.org Description Server refresh Item 1 Hewlett Packard 2 Enterprise Hewlett Packard 3 Enterprise Hewlett Packard 4 Enterprise 5 Hewlett Packard Enterprise Hewlett Packard 6 Enterprise 7 8 Microsoft Corporation 9 Microsoft Corporation 11 Pharr rechnologies  BillTo Town of Cramerton Accounts Payable 155 N. Main St. Cramerton, NC 28032 UNITED STATES 704824.4337 Customer PO Qty Hardware  Ship To Town of Cramerton 155 N. Main St. Cramerton, NC 28032 UNITED STATES 704 8244337  Contract  Ship Via UPS Ground  Mfg  Description  Price Extended Price  HPE ProLiant DL360 G10 1U Rack Server 1x1 Intel Xeon Silver 4214 2.20 GHz 16 GB RAM HDD SSD Serial ATA/600, 12Gb/s SAS Controller- 2 Processor Support - Upt to 16 MB Graphic Card Gigabit Ethernet 8x SFF Bay(s) - Hot Swappable Bays - 1x5 500W HPE SmartMemory 16GB DDR4 SDRAM Memory Module For Server 3-16 GB (1x: 16 GB) - DDR4-2933/PC4-23466 DDR4 SDRAM 2933 $174.99 MHz CL21 - 1.20 V - Registered - 288-pin - DIMM HPE 960 GB Solid State Drive 2.5" Internal SATA (SATA/600): 4Mixed Use Server Device Supported 3.4 DWPD  520 MB/s Maximum Read" Transfer Rate 3Year Warranty HPE 800W Flex Slot Platinum Hot Plug Low Halogen Power Supply Kit $192.00 HPE Foundation Care 3 Year Extended Warranty Warranty 9x5 1Next Business Day On-site Maintenance Parts & Labor- Microsoft Windows Server 2019 Standard License 2 Core Volume Microsoft Open License Single Language PC Microsoft Windows Server 2019 License 1 User CAL Volume - 19/Mitrosoft Open License Single Language PC  $3,650.00  $3,650.00 $524.97  -I Intel Optane Memory Ready  $431.00 $1,724.00  $192.00 $867.00  800 W 230 VAC Electronic, Physical Software  $867.00  $142.00 $1,136.00 $47.75  $907.25 $6,500.00 $15,501.22 $0.00 $630.09 $16,131.31  10  Labor 5OBEE BILLED  Setup and migration. This is an estimate only. ACTUAL HOURS WILL $130.00  Sub Total: Shipping and Handling: Tax Rate: (0.07000) Total  Totals may not include appropriate Taxes or Shipping Fees. All prices are subject to change without notice. Supply subject to availability. AII Quotes and Pricing are Proprietary and Confidential.  Quote #10280  Page 1/1  31    Of FCRAR  TOWN OF CRAMERTON  EST.  1915  Manager Memo  TO: Town of Cramerton Board of Commissioners (BOC)  FROM: David Pugh, Town Manager DATE: August 5, 2021  RE: Resolution #2021-15 Exempting Viz, Inc. from the Mini Brooks Act for Design and  Engineering Services Regarding the Helix/RS Sculpture Project.  Background Information  Per BOC direction, staff has worked with Viz, Inc. to move forward with the placement of the Helix/ R Sculpture at the chosen location at Riverside Park by Cramer Mountain The reason for needing the Mini Brooks Act exemption is due to Viz, Inc.. needing to subcontract with a structural engineering firm to perform the complex engineering task to place the Helix! R Sculpture in a new location. Viz, Inc. will be working on the landscape renderings and design for the park area around the sculpture. The proposed design and engineering cost is $22,790. The contract is included in the August 5th agenda packet. The amount of $22,790 is within funding amount of $30,000 in the fiscal year (FY2021-2022) budget. Once project construction bids are released and received, it is likely that a budget amendment will be needed to cover the remaining project construction costs. At this time, the construction amount is unknown due to the unique nature of this project and because the bidding process has not taken place. Staff recommends approval of both Resolution #2021-15 and of the contract with Viz,  Road.  Perspectivel Recommendations Inc. for the Helix! R Sculpture Project.  155 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  32    TOWN OF CRAMERTON RESOLUTION 2021-15  RESOLUTION EXEMPTING VIZ, INC FROM G.S. 143-64.31 MINI-BROOKS ACT), IN RELATION TO DESIGN & ENGINEERING SERVICES FOR CRAMERTON'S HELIX/R SCULPTURE PROJECT WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management-at-risk services, and design-build services (collectively "design services") to be based on qualifications and without regard to fee; WHEREAS, the Town of Cramerton proposes to enter into contracted design & engineering services for work on the Helix/ R Sculpture Project located at Riverside Park by Cramer Mountain Road; and WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services from the qualifications-based selection requirements ofG.S. 143-64.31 ift the estimated fee is less than WHEREAS, the estimated fee for design services for the above-described project is less than $50,000. NOW,THEREFORE, THE BOARD OF COMMISSIONERS OF THE TOWN OF CRAMERTON Section 1. Theabove-deseribed Viz, Inc., ini relation to Cramerton's Helix/ R Sculpture Project is hereby  $50,000; and  RESOLVES:  made exempt from the provisions ofG.S. 143-64.31. Section 2. Thisi I resolution shall be effective upon adoption. This resolution shall be effective upon adoption. ADOPTED this the 5th day of August, 2021  William A. Cauthen, Mayor ATTESTED:  Wilene L. Cunningham, Town Clerk  33    Viz  David Pugh, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 May 17, 2021  Letter of Engagement = Engineering, Landscape Architectural, Surveying, and Geotechnical Services: Schematic Design, Construction Documents, Bidding, and Construction Administration Services for the Helix Sculpture Footing/Base, Lighting, and Site Design,  Cramerton, NC Dear David,  The Design Team of Dewberry and Viz are pleased toj present this proposal to provide Professional Architectural, Engineering, and Landscape Architeclural Services for Southfork  Trail Head Park.  TotalFees for all Scope of Services:  Twenty-Two Thousand Seven Hundred Ninety Dollars  ($22,790.00)  A breakdown of Professional Fees proposed for this Scope of Services are as follows: Structural and Electrical Engineering - Sculpture foundation, Lighting and Electrical Design rolectManogement and Landscape Architecture - Site Elements including Sculpture placement, Trail/Path alignment andr renovation, Planting design, Project Management: Site Location and Topographic Survey-F Perform topographic, location and control survey of site area (approximately 1 acre) located along and adjacent to Cramer Mountain Rd., Subsurface Exploration and Geotechnical EngineeringServices -Subsurface exploration and Geotechnical engineering services (See attached Proposal and Scope):  (See attached Proposal and Scope): Eleven Thousand One Hundred Forty Doliars Four Thousand Eight Hundred Fifly Dollars (See attached Proposal and Scope): Three Thousand Eight Hundred Dollars  ($11,140.00) ($4,850.00)  ($3,800.00) ($3,000.00)  Three Thousand Dollars  urban Design VIZ, PLLC  Land Plaming  Landscape Architeclure gary@viz.lesi  PO Box 704 Comeltus, NC 28031  (704) 997-6144  34    Helix Sculpture and Site Design May 17,2021  Letter of Engagement - Professional Design Services  1. SCOPE OF SURVEYING SERVICES  A complete breakdown of Fees and description of Surveying Services for the Sculpture Site provided by Dewberry is attached to this Proposal The survey scope of servicesi is as follows: Perform topographic, location and control survey of attached scope map area (approximately 1 acre) located along and adjacent to Cramer Mountain Rd., Cramerton, NC. Utility designations, if present at time of field survey, will be located and mapped. Oramental and free-standing trees within survey area will be mapped. Individual trees will noth bel located within wooded areas. Deliverable willl be engineering survey drawing oriented tol NC Grid North/NAD83. A properly network willl be provided and will bel based upon record A complete breakdown of Fees and description of Engineering Services fori the Sculpture Site  plats and property corners recovered during field survey.  2. SCOPE OF ENGINEERING SERVICES  provided by Dewbery is attached to this Proposal.  1. Structural- - The structural scope of services is as follows: existing foundation construction drawings. b. Review the geotechnical report provided by the Client.  a. Coordinate sculpture foundation requirements with the Client, Owner and Provide construction drawings ands specifications for thesculpture foundations, including plans and sections, utilizing shallowr reinforced concrete foundations. d. Provide 90% review submittal, permitting submittal and final construction Construction administration services include shop drawing review and Dewberry will perform one structural construction inspection and provide a a. Contact and meet the Utility Company and client at the project site to b. Provide new work drawings showing the location of the new sculpture lights, siter routing toi the newsculpture, light fixtures, electrical equipment and lighting C. Provide photometric calculations and site plan for the newscuipture lights. e. Provide 90% review submittal, permitting submittal and final construction Construction administration services include shop drawing review and h. One electrical site visit is included in the project scope during construction.  submittal.  e. Reviewo contractor bidding RFI's. responding to RFIs. report.  2. Electrical- - The electrical scope of services is as follows: determine the. location for the newrestroom service.  controls to be installed. d. Provide electrical riser diagram. submittal. Review contractor bidding RFI's. responding to RFIs.  3. SCOPE OF SITE DESIGN, LANDSCAPE ARCHITECTURE, PROJECT MANAGEMENT The professionalL Landscape Architecture services proposed for this projectir includes preparation of Design Devecpmen/Conirucion Documents, and Specifications based on the approved Schematic Design. These Documents shall be prepared to a level of  2  35    Helix Sculpture and Site Design May 17,2021  Letter of Engagement- - Professional Design Services  completeness for competitive Bidding from interested Contractors; And to procure any necessary) jurisdictional (Federal, State, Local, etc.) approvals that may be required and/or 1. Approved Project Budget: Meet with Town of Cramerton to determine the Project Budget that the Contract Documents will be prepared in accordance with. 2. Viz, PLLC, along with Dewberry, shall be responsible for submitting any and all necessary Permit Documents to Gaston County, State of North Carolina, and other agencies andj jurisdictions; And managing any agency review comments and 3. Contract Documents shall be prepared by Viz, PLLC (NC Corp. Lic. #C-415), and submitted under Gary R. Fankhauser, NC LA License #707. Documents required to be Sealed by other licensed professionais, shalll be submitted under those specific 4. Contract Documents for additional elements, other than those indicated in this Proposal, that may require preparation by other licensed professional sub- consultants (Architects, Civil, Electrical, Structural engineers, etc.) are not anticipated at this time. If additional sub-consultants are required due to a change inScope, adjustments toi the Proposed Fee may be necessary upon agreement 5. Project Coordination: Coordinate meetings and work with other disciplines providing services (architect) and vendors providing various site elements and furnishings. 6. The Documents: All Design Devegpmen/Coninucion Documents wil be prepared using AUTOCAD: software, and digital CAD and PDF files will be provided to Town of Cramerton for their use. The Documents will be prepared at a measurable scale that 7. The followingi is a list, however not limited to, the Documents, and elements within  necessary for this scope of work.  approvals. licenses.  between the Town and Viz, PLLC.  is-appropriate to the specific drawing, detail, etc. the Documents, that will be prepared for this project: a) Staking, Paving and Layout Plan. b) Erosion Control Plan c) Grading and Drainage Plan d) Planting Plan  e) Construction Details including parking, paving, walks, ramps, playground (shop drawings through vendor), site furnishings, other park elements as needed, etc. f) Technical Specifications necessary for the construction Scope of Work to be included on the drawings or in a Project Manual. 8. Project Meetings, Updates, Presentations: As needed and determined by Town of Cramerton for the purposes of reviewing or presenting status updates of the documents and project schedule to Staff, Town Board, etc. 9. Revisions to Documents: As needed following review/(s) by Town of Cramerton, or any other Reviewing Agencies, within the proposed Scope of Services.  4. SCOPE OF GEOTECHNICAL SERVICES  Geotechnical: Services will be pertormed by Froehling & Robertson, Inc. (F&R), Charlotte, NC. A complete breakdown of Fees and description of Geotechnical Services for the Sculpture Site provided by Froehling & Robertson, Inc. (F&R), is attached to this Proposal. Ag general Scope of Services is as follows: 1) conduct a subsurface exploration program consisting of up to two soil test borings 2) provide general descriptions of the subsurface conditions atthe locations explored, 3) provide foundation design recommendations for  3  36    Helix Sculpture and Site Design May 17,2021  Letter of Engagement- - Professional Design Services  support of the proposed sculpture and 4) comment on the: site development aspects of thep proposed construction related to cutand fill across the: sculpture area. 5. SCOPE OF BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES 1. Coordinate with Town of Cramerton, advertisement and notification of Project Bidding toi inferested contractors that may be interestedi in submitting a Bid for 2. Review Bids with Town of Cramerton to determine best qualified Bidder if needed. 3. Pre-Construction Conference: Schedule and attend a pre-construction conference. 4. Construction On-site Meetings: Progress construction meetings shall occur ona weekly or bi-weekly regular basis through the duration of the project. 6. RFI/BUlletin Drawings: Prepare Bulletin Drawings inr response to RFI's and/or Contractor questions. RFI/Bulletin drawings shall be prepared for both Pre-bid and 7. Final Walk-thru: Schedule and attend a Final Walk-thru to review completed Punch 1. Fees for services not proposed and/or beyond the Scope proposed are not known; therefore, are noti included. Minor revisions will be considered a part of the proposed Scope of Services, however, Majorrevisions to the Documents or the redirection of specific tasks proposed, once approved by Town of Cramerton, shall be considered Additional Services and will be billed at the unit cost hourly rates noted below, or by an agreed upon lump sum amount by Town of Cramerton and Viz, PLLC, and 2. Permit Fees: Permit Fees are the responsibility of the Town of Cramerton and are not included in this Proposal. In the eventi titis necessary for Viz, PLLC to pay for required Permit Fees, the fee amount(s) shall be reimbursed as a project expense during 3. Termination: In the event of termination, compensation for all services provided through date of termination is due and payable at the unit prices provided below. 4. Unit Costs: The following schedule of unit prices (billed in .25 hour increments) apply toir invoicing for Additional. Services beyond the Scope of the Services listed and  construction of the projectifr needed.  5. Submittals and Shop Drawings: Review as needed.  during construction responses.  Listi items in order for Project Final Acceptance.  . ADDITIONAL PROVISIONS  approved by written amendment to this Proposal.  monthly invoicing.  services provided prior to termination. b) Landscape Architect: $75.00/Hour c) Support staff/Drafting: $45.00/Hour  a) Architect:  See. Attached Dewberry Hourly Rates  5. Billing and Payments: Viz, PLLC will invoice on the first day of each month for the prior month'ss services, unless an alternative billing date is required by Town of Cramerton. Payments are due within 30 calendar days of the date of Invoice. 6. Insurance: Viz, PLLC shall provide General Liability Insurance in the amount of $1,000,000 per occurrence for the above referenced Project. Viz, PLLC shall provide Professional Liability (Errors and Omissions) Insurance in the amount of $1,000,000 per occurrence for the above referenced Project. Cerlificates for both policies with the Project Name listed, shall be issued by the providers and: sent tol Town of Cramerton.  4  37    Helix Sculpture and Site Design May 17,2021  Letter of Engagement- - Professional Design Services  7. ACCEPTANCE OF PROPOSAL  To accept this Proposal, please execute by signature and date in the space provided below and provide Viz, PLLC with a copy for our records. Dewberry and Viz greatly appreciate the opportunity to again work with the Town of Cramerton and look forward to  another successful project. Accepted:  Town of Cramerton Accepted:  Date  GapEnh-e  5/17/2021 Date  ViZ, PLLC  Gary R. Fankhauser, ASLA  5  38    Dewberry  Dewberry! Engineers Inc. 704.509.9918 9300 Harris Corners Parkway 704.509.9937 fax Charlotte, NC28269  Suite 220 www.dewberry.com  May 14, 2021 Mr. Gary Fankhauser,ASLA Viz, PLLC POI Box 704 Cornelius, NC: 28031  Re: Proposal for Engineering Services = Construction Documents, Bidding and  Construction. Administration Town of Cramerton Sculpture. Relocation  Dear Mr. Fankhauser:  Dewberry Engineers Inc. (Dewberry) is pleased to submit this proposal for design services to Viz, PLLC (Client) for the proposed sculpture relocation in Cramerton, North Carolina. The Town of Cramerton  (Owner) is the project owner. A. PROJECTUNDERSTANDING  Based on email correspondence with Mr. Fankhauser, Dewberry is to provide survey, structural, and electrical engineering design and construction administration services for the installation of a relocated sculpture. The sculpture is located near thei intersection of Cramer Mountain Road and Mayflower Avenue (see. Attachment C). Viz will provide Landscape. Architecture services and overall project coordination with Dewberry understands the Client has received the sculpture previously located in Uptown Charlotte. Existing foundation design documents were provided by the Client, but no existing sculpture weight or center of mass information was provided. Dewberry will estimate sculpture loads and provide structural foundation design services, including new spread footings and new anchor bolts matching the existing Dewberry will complete a sitel location and topographic survey of the project area. Dewberry will not The Client has requested sculpture up-lighting. Dewberry will recommend lighting and fixture options and provide a sitel lighting plan and details. Thel lighting willl bec connected to an automatic daylight sensor. Site photometrics willl be provided by Dewberry for submission tot the Building Official. Dewberry  the Owner. Dewberry will be contracted through Viz.  sculpturel baseplates.  complete a certified boundary survey of the site.  understands, per the Client, no lighting ordinances are applicable tot this area.  This proposal includes information that shall not be disclosed outside of the CLIENT and shall not be duplicated, used, or disclosed, in whole or in part,for any purpose other than to evaluate this proposal. I, however, a contract is awarded to this offeror as a result of, or in connection with, the submission of this information, CLIENT's shall have the right to duplicate, use, or disclose the information to the extent provided in the resulting contract. This restriction does not limit CLIENT's right to use information contained in this information ifit is obtained from another source without restriction. The information COMPANY CONFIDENTIAL ANDI PROPRIETARY: Use or disclosure ofo data contamned. on this sheet is  subject to this restriction is contained on all pages that follow. subject to restriction on the title page oft this proposal.  39    Mr. Gary Fankhauser May1 14, 2021 Page2of5  Project: Town ofCramerton Sculpture Relocation  Dewberry understands: a power and poles existingi in the area (owned by Duke Energy). Ane electrical panel is alsol locatedi int the Owner'sr restroom building approximately: 250 feet from the proposed sculpture site. Dewberry will review options with the Owner and determine ifar new electrical meter/service at the sculpturei is more economical than connecting to the existing restroom building panel. To evaluate ift the existing restroom service panel can serve the additional sculpture lighting load, the Client willj provide Dewberry existing as-built electrical drawings from the Owner'si restroom building and Owner's 12-  months past utility records for thel building service.  The Client will submit the construction documents for permit as thel lead designer. sketches. Attendance ata aj pre-construction meeting is not anticipated. response, limited meeting attendance and limited construction observations. stormwater management design and permitting required for the project.  Dewberry willj provide bidding services, including reviewing construction RFI'sa andj provide corresponding Dewberry willj provide comstrnuctomadminstrations services, mdhdngalapdangmim. RFIreviewand Dewberry understands that the Client will provide also necessary hardscape, landscape, grading and Dewberrywill, provide design services as outlined inc our scope of services below. The design documents will be provided on 24"x36" sheets and technical specifications willl be provided inl booklet format. The construction documents will be prepared in accordance with the requirements of the 2018 North Carolina Statel Building Code (2015 International Building Code with Amendments). Based on this project understanding, Dewberry has prepared thei following Basic Scope of Services.  B.  BASICSERVICES SCOPE OF WORK  Dewberry will complete the following:  1.  Site Location and TopographicSurvey- The survey scope ofs services is as follows: a. Perform topographic, location and control survey of attached scope map area (approximately 1 acre) located along and adjacent to Cramer Mountain Rd., Cramerton, NC. Utility designations, if present at time of field survey, will be located and mapped. Ornamental and free-standing trees within survey area will be mapped. Individual trees will not be located within wooded areas. Deliverable will be engineering survey. drawing oriented tol NCGrid North/NAD83. Aj property network willl be provided and willl bel based upon record plats and property corners recovered during field survey. Client will a. Coordinate sculpture foundation requirements with the Client, Owner and existing Provide construction drawings and specifications fort thes sculpture foundations, including plans ands sections, utilizing shallow reinforced concrete foundations. d. Provide 90% review submittal, permitting submittal and final construction submittal.  coordinate with 811 toj provide underground utility designations.  2.  Structural -The structural scope ofs services is as follows: foundation construction drawings. b. Review the geotechnical report provided by the Client.  COMPANY CONFIDENTIALAND: PROPRIETARY: Use 07 dicuncoflalacontahnel on this sheet is  subject to restriction on the title page oft this proposal.  Dewberry  40    Mr. Gary Fankhauser May 14,2021 Page3of5  Project: Town of Cramerton! Sculpture Relocation  Review contractor bidding RFI's.  Construction administration: servicesi include: shop drawing review: andi responding tol RFIS. g. Dewberry will perform one: structural construction inspection and provide: a report. a. Contact and meet the Utility Company and client at the project site to determine the b. Provide new work drawings showing thel location of the new sculpture lights, site routing to the new sculpture, light fixtures, electrical equipment and lighting controls to be Provide photometric calculations and site plan for the new: sculpture lights. Provide 90%1 review submittal, permitting submittal and final construction submittal. Construction: administration: servicesi include: shop drawingi reviewa andi responding tol RFIS. h. One electrical site visiti is included in thej project scope during construction. a. Assemble the construction documents and specifications for submittal to the Client. The  3.  Electrical - The electrical scope of services is as follows: location for the newi restroom service.  installed.  d. Provide electrical riser diagram. Review contractor bidding RFI's.  4.  Permitting Thej permitting scope of servicesi is as follows: Client will submit documents for permit review. b. Respond to one round of permit review comments.  C. FEE followings schedule: Design Permitting  For the scope of services outlined above, Dewberry will be paid a lump sum fee in accordance with the  Sitel Location and' Topographic Survey Biddingand Construction Administration Phase Total Professional Services Fee Our proposal expires October 1, 2021. D. SCHEDULE  $3,800 $8,180 $500 $2,460 $14,940  Dewberry Engineers Inc. anticipates al Noticet tol Proceed before September2021. Based on our current work load Dewberry estimates 4 weeks to complete the topographic survey and 3 weeks to complete 90% drawings after completion of the survey. 100% documents will be submitted within two weeks after  receiving all 90% comments. The construction duration is assumed tol last 61 weeks.  E.C CLARIFICATIONS AND: EXCLUSIONS  1. 2. 3. 4. 5.  Owners shall provide full access toj project area. Preparation of an as-built surveyi is excluded. Electrical metering is excluded. Arc Flash and Electrical Coordination Studies are excluded.  Owner will provide any applicable local lighting ordinances or electrical design guidelines.  COMPANY CONFIDENTIAL, AND PROPRIETARY: Use or disclosure of data contained on this sheet is  subject to restriction on the title pagec of this proposal.  Dewberry  41    Mr. Gary Fankhauser May 14,2021 Page 4of5 6. 7. 9.  Project: Town of Cramerton: Sculpture Relocation  Dewberry assumes the Owner willj provide a geotechnical: report. The assumed foundation system willl be: shallow wall footings bearing on soil. Preparation ofaf formal geotechnical RFPi is excluded. 8. Thes sculpture willl bel Risk Category II, therefore Special Inspections are: not required. Design is based on as single design package. Multiple design packages are: noti included. 10. Three construction document submittals will be required (90%, 100% permit and 100% For 11. All construction documents will be produced using AutoCAD. A book specification will be 12. The Client willj provide titleblock, project location plans, specification headera and footer formatting, and specification assemblage. The Client will prepare the Appendix B form with input from 13. Preparation of bidding/front end documents are excluded; Dewberry assumes these will be  Attendance atj pre-bid andj pre-construction meetings are excluded.  Construction).  submitted for structural and electrical disciplines.  Dewberry. provided byt the Client. 14. Low voltage design is excluded. 15. Sitel lighting design beyond thes sculpturel lighting ise excluded. 16. Construction cost estimates are excluded. F. ADDITONALSERVICES  17. Preparation of Record Documents and operation & maintenance: manuals are excluded.  This proposal is based upon our current understanding of local, state and federal requirements and regulations and our understanding of the project as described herein. Any modifications to these requirements and regulations, or other requirements not provided for herein, which require additional services will be performed by Dewberry Engineers Inc. and billed in accordance with the Hourly Billing Rate Schedule, (Attachment A), which is annexed to this] proposal andi incorporated into it by reference.  G. TERMS AND CONDITIONS  Services under this agreement will be provided in accordance with Dewberry's Standard Terms and Conditions (Attachment B), whichi is annexed tot this proposal and incorporated intoi it by reference.  COMPANY CONFIDENTIALAND: PROPRIETARY: Use oT disclosure ofo data contained on this sheet is  subject to restriction on thet title page of this proposal.  Dewberry  42    Mr. Gary Fankhauser May 14,2021 Page5of5  Project: Town of Cramerton: Sculpture Relocation H. AUTHORIZATION  Ifthis) proposal meets with your approval, please return one (1) executed original to this office. Receipt of the executed proposal will serve as our authorization to proceed. If you have questions, please do not hesitate to contact us. Dewberry is excited about the opportunity to assist Viz, PLLC and the Town of  Cramerton on this project. Sincerely, Dewberry) Engineers Inc. Otho d. mmillb, Anthony "Tony" Miller, P.E. Project Manager  The foregoing contract with Dewberry Engineers Inc. is accepted: Print (Type). Individual Firm or Corporation Name Signature of Authorized Representative Date Print (Type) Name of Authorized Representative and' Title  Attachments: Attachment A. Attachment B.  Standard Hourly Billing Rate Schedule (8/1/2020) Standard' Terms and Conditions (10/2020)  dewbery.dewberyrootloalOticerllegh.igSieamtownProposals & SOQsITown ofCramerton/Cramerton: Sculpture  02)g02195M.Camerton Sculpture! Relocation_Dewberty Proposal.docx  COMPANY CONFIDENTIALAND PROPRIETARY: Use O7 disclosure of data contained on this sheet is  subject toi restriction on thet title page oft this proposal.  Dewberry  43    Standard Hourly Billing Rate Schedule  w/Crew  Dewberry Professional Principal Architect 1,I1,I11 Architect IVVVI Architect' VIIVII,IX Interior Designer 1,II,II,IV Engineer 1,11,I11 Engineer IV,VVI Engineer VIIVIII,IX Professionall L1 II,III Professional IV, VVI Professional VII, VIII, IX Technical Geographer/GIS 1,11 Geographer/GIS IVVVI Geographer/GIS VII,VII,IX Designer 111I Designer IVVVI CADD Technician! 1I,IIV Surveyor LIL,I11 Surveyor IVVVI Surveyor' VII,VII,IX Technical 1,11,I11 Technical IV,V,VI Construction Construction Professional LM,I11 Construction Professional IVVVI Inspector 1,11,I11 Inspector IVVVI Survey Field Crews Fully Equipped 1,2,3,4 41 Person Crews With Laser Scanner 1,2Person Administration Admin Professional 1,I1,I1.IV Non-Labor Direct Costs  Hourly Rates $299.00 $92.00, $105.00, $120.00 $140.00, $155.00, $175.00 $195.00, $210.00, $230.00 $85.00, $100.00, $120.00, $150.00 $110.00, $120.00, $135.00 $150.00, $170.00, $200.00 $220.00, $235.00, $250.00 $95.00, $115.00, $135.00 $155.00, $170.00, $185.00 $200.00, $225.00, $240.00 $85.00, $95.00, $110.00 $125.00, $140.00,$155.00 $185.00, $205.00, $235.00 $100.00, $120.00, $140.00 $155.00, $175.00, $200.00 $75.00, $90.00, $105.00, $125.00 $60.00, $75.00, $90.00 $105.00, $115.00, $130.00 $150.00, $170.00, $195.00 $80.00, $95.00, $110.00 $120.00, $130.00, $150.00 $120.00, $145.00, $165.00 $185.00, $210.00, $235.00 $80.00, $105.00, $125.00 $140.00, $155.00, $170.00 $125.00, $155.00, $190.00, $225.00 $175.00, $205.00 $70.00, $90.00, $110.00, $145.00 Cost+ + 15%  Company Confidential and Proprietary Dewberry  Revised 8.1.20201 Subject to Revision Standard Hourly Billing Rate Schedulel Attachment. Al1  44    Dewberry  ATTACHMENTB STANDARDTERMS) AND CONDITIONS  These Standard1 Terms and Conditions( ("STCs') arei incorporated! byr referencei intot thef foregoinga agreementorp proposal, alongy with anyf futurer modifications ora amendmentst thereton made inaccordancer with Paragraph2 23b below (he" Agreement') between Dewbery('we" or" 'us" or" our)a andit its client (you' or' 'your)f fort thep performanceofs services asc definedi ind our proposal( ("Services"). These STCs aref fullyb bindingu upony you,j justa asit ifthey weref fullys setf forthint theb body oftheA Agreement, ands shalls supersede any term orp provisione elsewherei int the Period ofOffer. Unless wec decide,i inv writing, toe extendt thep periodf fora acceptance byy you ofo ourp proposal, youh have 900 daysfi from ourp proposal date toa accepto ourp proposal. Wel havet the righttov withdrawt thep proposal atanyti time beforey youa accept. Deliveryo of asignedp proposal whether originald ord copy- -tous constitutes) your acceptance ofthep proposal,i including attachments expresslyi incorporatedi intot thep proposalb byn reference. The proposal andi incorporated attachments: shall constitutet thee entire Agreement belweeny youa andus. lfyour request ust tor render Services beforey youd delivera asignedp proposalt to us, andv wer render Servicesi ina accordancey witht thep proposal,) you agreet thatt thep proposal andt these STCs constitutet the 2. Scope of Services. Fort thef fees setf forthi int the/ Agreement, youagree that wes shall only be obligatedt tor render the Services expressly describedint theA Agreement. Our Servicess shall not beconstrueda as providingk legal, accounting, orir insurances services. Unlesst theA Agreemente expresslyr requires, inn noe event dowel have any obligationorn responsibilityfor: b. The correctness or completeness ofa any drawing prepared by us, unlessi itv wasp properly signed ands sealedb by ar registered professional on our behalf. Favorable ort timely comment ora action bya any governmental entity ont thes submission ofa any construction documents, land use orf feasibilitys studies, appeals, petitions for  Agreementir inc conflictv witht theseSTCs.  Agreementb betweeny you andu use evenit ifyou failtor return as signedp proposal tous.  The correctness ord completeness ofa any documentv whichv was prepared by another entily. exceptions orw waivers, ord other requests or documents ofa any naturev whatsoever. fs Site safety orc construction quality, means, methods, ors sequences.  d.T Takingi into accounto off-site circumstances othert than those clearlyy visiblea anda actually! knownt tou usf from on-site work. e.T The actuall location (or characteristics) ofa any portion ofal utility whichi is note entirelyv visiblef fromt thes surface. g. Thec correctness ofa any geotechnical: services performed by others, whethero orn notp perfored as ours subcontractor. h.T Thea accuracy ofe earthy work estimates and quantily take-offs, ort the balance ofe earthwork cuta andf fill. i.T The accuracy ofa any opinions ofc construction cost, financial analyses, economicf feasibility projections or schedules fort the Project. Should: shopo drawingr review! beii incorporatedi intot thes Services, wes shall pass ont thes shopo drawingsv withr reasonablep promptness. Our reviewo ofs shopd drawings will beg general, for conformancev witht thec designo concept oft theP Projectt tov whicht this Agreementr relates ("Projed) ando compliance witht thei informationg givenir int thec construction documents, andw willr not include quantities, detailedd dimensions, nora adjustments ofdimensionst toa actualf fieldo conditions. Ourn reviews shallr notb bec construed asp permitting anyo departuref fromo contract requirements nora asr relievingy your contractoro ofthes solea andf finalr responsibilityf fora anye errori ind details, dimensions or otherwiset thatr may exist 3. Your Oral Decisions. You, ora any ofy youro directors, officers, partners, members, managers, employees ora agents havinga apparenta authorilyf fromy you, may orally: (a) make decisionsr relatingt tos Services ort theA Agreement; (b)re requestac changei int thes scope ofServices undert the Agreement; or( (c)r requestust tor rendera additional Services undert the Agreement subjecttoo our rightt tore requirey yout tos submit ther requestiny writing! beforey your decisiono orn requests shall bec consideredt tohavet beene effectivelymade." Your may, atany time, limitt the authority ofa any or allp personst toa actorally ony your behalf undert this Paragraph3,b byg giving usS seven7 7 daysa advancev writtenr notice. Proprietary Rights. The drawings, specifications ando other documents preparedbyu US undert this Agreementa arei instruments ofo ours servicef foru uses solely fort theF Projecta and, unless otherwisep provided, wes shall bec deemed thea authoro oft these documents ands shall retaina allc common! law, statutory, ando otherr reservedr rights, includingt the copyrighta and rightst toa any! Dewberryt trademarks. Uponp paymentinfulorours Services, yous shall bep permittedt tor retain copies, includingr reproducible copies ofouri instruments ofservicet for information: andr reference forti the Project. Ouri instruments ofservices shall notbeu used! byy youord others ond other projectsf fora anyr reason orf ford completion orr modification ofthis Project byo otherp professionals, unlessy youe enteri intoav wriltena agreementv with us allowingf fors suchu use. Submission or distributiono ofd documents tor meeto official regulatoryr requirements orfor similarp purposesi inc connections with theF Projectisr nott tobec construed asp publicationi inconsistent with our reservedr rights. Yous shall defend, indemnifya and! holdu ush hamless, and. releaseu us, froma anya anda all liability, loss, damages, claimsa ando demandsf forl loss, damages, propertyd damages or bodilyi injury, arisingo outofa any use (including, withoutl limitation, the means ormedia oft transfer, possession, use, ora alteration)o ofc ouri instruments ofserviceb by Oy you, ifsuch usei isi inconsistent witho ourr reservedr rights ort this Paragraph4 4, or()any thirdp party, regardless ofthen manner ofu use,it ifsucht third partyr receivedo ourir instruments ofs serviced directly ori indirectlyf fromy you (includingif ifwe or others havet transmitted: such instruments ofs service tot thet third partya aty yourr requesto or direction, fory yourb benefit, or, andv withoutli limitingt thef foregoing, pursuantt toac contractual obligationt thati is directly ori indirectly Fees and Compensation. Ify your requestu us torenders services nots specifically describedir int theA Agreement, or,i ifwe ora anyonei in oure employ, isc called upont tob bec deposed orto testifyinamatteri inv whichy wea aren nota ar named party, thatr relatest tot thel Project, youa agree to compensate usf fors suchs servicesi ina accordancev witht thel hourly rates ass seti forth on AllachmentAofhis/ Agreementorin ina anys subsequentlye effectives schedule, unless otherwisea agreedir inw writing. Ifnoc compensationt rateiss setf forth onA AltachmentA, orth through writtena agreementb betweeny youa andu us, wes shallb bec compensatedf fors suchs services ato ourt thend currenth hourlyr rates. Wer may unilaterallyi increase ourl umps sum or unitt billingr rates one eacha anniversaryo ofy youra acceptance ofthisA Agreementb bya asr mucha asf fivep percento ort thep percentagei increaseii int the CPI-W( (U.S. Departmentofla Labor ConsumerF Pricel Index- Period ofs Service. Thep provisions ofthisA Agreementa andt thec compensation providedf foru undert the Agreementhave! beene establishedi ina anticipationo oft thec orderly ando continuous progress oft theF Project Ouro obligationt tor rendert thes Servicesv wille extendo onlyf fort thatp periodwhichr may reasonablyb ber requiredt toc completet the Services inano orderly and continuous Reimbursable Expenses. Unlesst theA Agreemento otherwise provides,) yous shallr reimburse us, oroura affiliates, fora alle expenses weir incur tor rendert the Services fory youu undert this Payment Terms. Wen maysubmiti invoicesa ata anyt time toy youfor Services andf for reimbursabler expensesi incurred. Invoices are payabley within3 300 days oft thei invoice date, andy you agree top payafi finance charged of1 1%9p per montho ona any unpaidb balancer notr receivedb by usw within3 300 dayso ofthei invoiced date. Ifyour require payment viac credito card, Dewberryv will assess a3%p processingf feec onti thet total amountir invoiced. Invoices mayb beb basede either upon oure estimate ofthep proportiond of thet total Services actually completeda att thet time ofbilling fork lumps sum orf fixedf fees services, orir inthe case ofhourlys services, uponr rendering oft thes Services. Ifanyir invoicei isr notp paidv within3 30d days ofti thei invoiced date, we shall! havet the right eithert tos suspendt thep performanced ofour Services untila alli invoicesr moret than 300 days pasto duea aref fully paido ort tot terminate thea agreementa andt toi initiate proceedingst tor recover amounts owed byy you. Additionally, wes shall havet ther rightt tow withholdf fromy yout thep possessiond or use ofa any drawings or documents prepared byu usf fory your undert this or anyo other agreement withy your untla allo delinquenti invoices are paidir inf full. Yous shall noto offsetp payments ofc ouri invoices bya anya amounts duec or claimedtobed duef fora any reason. lfyouc dor notg give usy writtenr noticed disputinga ani invoicew within2 200 days ofth thei invoiced date, thei invoices shallo conclusivelyt bed deemedo correct. Allp paymentsr madel byy youshoulds specify thei invoicer numbers being paid.I lfwer receivep payments thato dor nots specifyt thei invoices beingp paid, youa agreet thatv wer maya applyp payments inours sole discretion. Timeiso ofthe Information from You and Public Sources. Yous shallf furnishu us allp plans, drawings, surveys, deeds ando other documentsi iny yourp possession, orthato comei intoy yourp possession, which may ber relatedt toti the Services, ands shallii informu usi iny writinga abouta alls special criteriad orr requirements relatedt tot the Services (together," Information"). Wer may obtaino deeds, plats, maps anda any otherir informationf fledv with or publishedbya any governmental or quasi-g -governmentale entily (together, "Publicl Informationt"). Unlessv we aree engagedi inv writinga as an additionals servicet toir independentlyy verifys such, wer may rely upon! Information andF Publicl Informationi inrendering Services. Wes shall notber responsiblef fore errors ord omissionso or additional costs arisingo outofo ourr reliance onl Information or Publicl Information. You agreet tog give promptr noticet tou us ofa any developmento or occurrencet thata affectst thes scope orti timingof Services, ora any defectint thef finalv work submitted! by us, ore errors or omissions ofothers ast they are discovered. Wes shallr noth ber responsiblef fora any adversed consequence: arisingin whole orir inp partfr fromy yourf failuret to providea accurate ort timelyi information, approvals andd decisions, asr requiredf fort the orderlyp progress oft the Services. 10. Plan Processing. Wer mays submitp plans andr related, orc other, documents to publica agenciesf fora approval. However, itmayb ben necessary, ino ordert tos servey yourir interests andr needs, forust top performs special processing, sucha asa attendingr meetings ando conferences with differenta agencies, handcarrying plans ord othero documents froma agencyt toa agency, ando other specials services. Theses specials services arer notincludedi int theb basicf feea ands shall bep performeda asa additional services ona anh hourlyf feet basisi ina accordanceParagraphs 5above.  derived (orf flowedo down)f froma ac contractt towhichy youl have privity).  Washington), whicheveri is greater. Hourlyr rates ares subjecttop periodic crevisiona at ouro discretion. manner, andw wer mayt then, atoursole option,t terminatet theA Agreement.  Agreement, plusf fifteen percent. Wer mays submiti invoicesf forr reimbursable expensess separatelyf fromir invoicesf for Services.  essence ofy yourp payment obligations; andy yourf failure tor makef fulla andt timely payments shall bed deemeda amaterial! breach.  Attachment BIRev. 10.2020 I Page1  45    Dewberry:  11. Meetings and Conferences. Tothee extentt theA Agreement provides, wev willa attendn meetings ando conferencest thaty you, oryourr representatives, reasonablyr require. Furthermore, wev willr meet ona ana as-neededb basis with publica agenciest thatr mighth bei involvedir int the Project. Becausev we cannotf forecastti thes scopea andr natured ofth theser meetings and conferences, wev will perfomr meeling ando conferences services ona anh hourlyf feeb basisi ina accordancev witho oura applicable hourlyr rates schedule. 12. Your Claims. Your release usf from, andv waive, allo claims ofa anyr naturef fora anya anda alle errors oro omissions byu us relatedt toc ourp performancet under thisA Agreement, orint the performance ofa anys supplementaysenvpssi relatedt tot thisA Agreement, unless youh haves strictly compliedwith allo ofthefo followingp procedures fora assertingac claim, ast towhich a. Yous shallg give us writtenr notice within 10d days oft the datet that you discover, ors should, int thee exercise of ordinary care, have discovered that you have, orr may have, a claim against us. lfyouf failt tog give usv writtenr notice withins such 10 days,t thens such claim shallf forevert beb barreda ande extinguished. b.I Ifwea acceptt thec claim, wes shalll have ar reasonable timet toc cure any error ord omissiona anda any damage. This shall bey yours soler remedy, andy youmustr not have caused the error or omission, orany damager resultingf from thee error ord omission, tob bec cured,i ifwe are ready, willing anda able tod doso. Ifwer rejectt the claim, wes shall givey youy written notice ofo our rejection within 30d days ofourr receipto ofy your notice ofo claim. Yous shallt then! have 600 dayst tog give us and opinion froma ar recognizede experti int the appropriate discipline, corroborating your claimt that we committeda ane error ord omission, ande establishing thatt thee error or omission arose from ourf failuret tou uset the degree ofo care ordinarily used byp professionals int thato disciplinei int thej jurisdictionl local tot the Project lfyouf failt tog give uss sucha an opinionf froma recognizede expert within 600 daysf fromt the datev we sendy your notice ofo ourr rejection oft the claim, then such claims shall forever be! barreda ande extinguished. d. Wes shall have 600 daysf from receipto ofy youre expert'sv written opiniont tor reevaluate any claima asserted! byy you. Ifwe againr rejects such claim, orift the 60-day period from receipt oft thev writteno opinion ofy youre experte elapses withouta action by us, theny your may have recourse tos such other remedies asr may bep provided undert this 13. Hazardous orT Toxic Wastes or Substances, Pollution or Contamination. Youa acknowledget that Servicest renderedu undert thisA Agreementr may bea affectedb byl hazardous ort toxic wastes ors substances, orp pallutiono orc contamination duet toth thep presence ofhazardous ort toxicy wastes ors substances. Toinduce ust toenteri intot this Agreement, youa agreet toir indemnify, defenda andh holdu us harmless froma anda againsta anya anda alll liability, loss, damages, claimsa ando demands forld loss, damages, properly damages orb bodilyinjury, thatr relate, ina anyy way,t to both (a)! hazardous ort toxicv wastes ors substances, orp pollutiono ord contamination duet toth thep presence ofhazardous ort toxicv wastes ors substances, and (b)t thep performance! by us ofour obligations undert the/ Agreement, whethero orn nots suchp performance byu usi is claimedt toh have! been, orv was, orn may havel been, negligent. Unless otherwise expresslys setf forthi int this Agreement, wes shall haven nor responsibilityf fors searchingf for, orie identifying, anyl hazardous ortoxicw wastes ors substances, orp pollutiono or contamination duet toth thep presence ofh hazardous ort toxic wastes ors substances; butifwe discovero ors suspectt thep presence ofa anys suchv wastes, substances, pollutiono or contaminationduel toti thep presence ofhazardouso ort toxic wastesor substances, theny we, inc ours solec discretion, anda atanyt time, may stopy work under, ort terminate, thisA Agreement, inv whiche event wev will haver nof furtherli liabilitytoy youf forp performance 14. Termination. Either partyr mayt terminatet theA Agreementifthed otherp partyr materially breachest theA Agreementa and does noto curet the! breach within7d days afterr receiving notice of theb breachf fromt ther non-breachingp party. Yous shalli immediatelypay usf ford our Services rendereda ande expensesi incurredt throught thet termination date,i includingf feesa and 15. Payment of Other Professionals. Ifthis Agreementi includes continuation ofs services! begunt byc othera architects, engineers, planners, surveyors, or other professionals, wer may suspendo our Services untily youn make arrangements satisfactoryt tos sucho other professionalsf forp payment. Ifsatisfactorya arrangements have not been madev withinati time deterinedbyus 16. Assignment and" Third-Party Beneficiaries. Neitherp partys shalla assignort transfera anyr rights, interests ord claims arisingu undert thisA Agreementv withoutthev writtend consento ofthe other, provided, however, thatv wea arep permittedt toQe employi independentonsutanis, associates, ands subcontractors asv wer may deem necessaryt torender the Services, () assign ourr rightt tor receive compensationt undert this Agreement, and (m)t transfert the Agreementt toa ana affliatec ofours, ino ours sole discretion, withy writtenr noticet toy you (ana affliatef forp purposes ofthis Paragraph 16is defineda as anyo other business entityt thato directly orindirectly, througho one orr morei intermediaries, controls, is-controlledby, orisu under commono controlw with, us). This Agreement does notconfera anyb benefito orr rightu upon anyp person ore entity other thant thep parties, exceptt that ourp partners, members, managers, directors, officers, employees, agents ands subcontractors shallh have andb bee entitledt tot thep protectiona affordedu us under Paragraphs 9,1 12, 13,1 16, 20a and 22ofthis Agreement 17. Applicablel Law and Forum Selection. The Commonwealth ofv Virginialsl laws shallg governt this Agreementir inallr respects,i includingr matters ofconstruction, validity, and performance. Excepta asp providedi inP Paragraph 18, thep parties agreet thatt thec courts ofFairfax County, Virginia, andt the FederalD DistrictCourt, Eastern! Districtofv Virginia, Alexandria Division, (together, "Courts')shall havee exclusivej jurisdictiono overa any controversy,i includingr matters ofd construction, validity, andp performance, arising outoft this Agreement. The partieso consentt tot thej jurisdictiono ofthe Courts andv waive any objection either party mightotherwisel bee entitledt toa assertregarding jurisdiction. Thep partiesi irrevocablyy waive allr rightto 18. Arbitration of Our Claims for Compensation. Insteado ofp proceedingi inc court, we,i inours sole anda absolute discretion, mays submita anyo claim for compensation dueu us undert this Agreementto toa arbitrationi inFairfax Counly, Virginiai ina accordances witht the Construction! Industry/ Arbitration Rules oft theA American Arbitration Association, andjudgmentu upont the arbitration awardi mayb bee enteredir ina any courth havingj jurisdiction. Youa agreer nott toa assert any counterclaim ora any defense! byv way ofs set-offi ins sucha arbitration, andt thatt thea arbitratoro or panel shall haver noa authorityt toc consider, ort ton render, ana award based upona anys suchcounterclaim or defenseb byv wayofs set-oft. Wes shall havet ther righttow withdraw ourd demandfor arbitration ata anyt timeb beforet thea arbitration! hearings starts byg giving writtenn noticet tot thea arbitratoro or panela andy you; andi upont theg givingo ofs suchr noticeb by us, thea arbitrations shall 19. Severability. Ifany part, term, orp provision ofthisA Agreementish heldt tol bei ilegal oru unenforceable, thev validitya ande enforceabilityo oft ther remainingp parts, terms, andy provisions ofthis Agreements shall notbea affected, ande eachp part/'sr rights shallb bec construeda ande enforceda asift theA Agreemento didr noto containt thei illegald or unenforceable part,t term, orp provision. 20. Limitations onl Liability. Inrecognition oft ther relativer risks andb benefits oft the Projectt toy youa and us,) you agree, thato ourl liabilityf fora anyl loss, damages, property damages orb bodily injuryofortoy youcausedi inw wholed ori inpartb byu usi int thep performance ofthisA Agreemento ora anys supplementary servicesi ina anyv way relatedt tot this Agreement, shallb beli limitedinthe aggregatet tot the amounto offeest thaty your have paidt tou usf fort the Services. Thep partiesi intendt thatt thef foregoingli limitationo onli liabilitys shalla applyt toa allo claims, whethers soundingi int tort, contract, warranty, orotherwise. Your release, waive, ands shallr nots seek contributionf from, orindemnificationby, usf fora any claims ofa any naturer madea againsty youb by any otherp person whor mays suffer anyl loss, damages, property damages orb bodilyi injuryina anyr mannera associatedv witho ours services, ora anys supplementary: servicesi in anyy way relatedt toth this Agreement. Notwithstanding: anything toti thec contrarye elsewherei inth the Agreement, wes shallr notbeli liablet toy you,i ina anye eventorf fora any amount, ford delays; orf ford consequential, speciald ori incidental damages; orforp punitive ore exemplaryo damages; orf forti thec costt toa add anit item or componentt thatv wec omittedf from thei instruments ofs service duet toourr negligence, tothee extentt thati item orcomponenty wouldh have otherwiseb beenr necessary, ora adds value orb betterment, tot the Project. Shouldy youf findt thet terms oft this Paragraph 20u unacceptable, wea arep preparedto 21. Paymento ofA Attorney's Fees. Thel losingp partys shallp pay thev winning part/sr reasonable attorney'sf fees ande expensesf fort thep prosecutionord defense ofa any cause ofaction, claim 22. Indemnification. Youa agree toi indemnify, defenda andh holdu ush harmless froma anda againsta anya anda alll liabity, loss, damages, claims ando demands forl loss, damages, property damages orb bodilyi injury, arisingo outofa acts or omissions by you, ory your contractor, subcontractor or otheri independento company ord consultante employedb by) yout towork ont the Project, ort their respectivep partners, members, managers, directors, officers, employees, agents ora assigns; ora arisingo outofa any othero operation, nor mattert byv whom committed ord omitted, fora ando on behalfo ofy you, ors sucho contractor, subcontractor ord otheri independento company ord consultant, whethero orr noto duei inp partt to6 errors ord omissions by usi inthep performancec ofthis Agreement orint thep performance ofa anys supplementarys servicei ina anyy wayr relatedtot this Agreement, providedt thaty youa arer notr requiredt toi indemnifya and! holdu us harmless undert this 23. Integration Clause. TheA Agreementr represents thee entire agreement oft thep parties. Nopriorn representations, statemenis, ori inducements madet bye either us,) you, orthe respective agents ofe either, thati is notcontainedint the Agreements shalle enlarge, modify, alter, or otherwisey varyt thewritten terms ofthe Agreementu unless theya arer madeir inw writing andr madeap partoft theA Agreementb by attachment, incorporatedbyr referencei int theA Agreement orsignedori initialedo onb behalfo ofbothp parties. 24. Notice. Anyr noticesi issuedt tou us shall bes sentt toc ourp projectr manager with ac copys senty via email to! NoticesQdewbervy. .com orn mailed to8 8401A Arlington Bld, Fairfax VA  procedurest timei is ofthee essence:  Agreement.  undert this Agreement, andy yous shalln maket thep paymentst tousr requiredb byF Paragraph1 14oftheSTCs.  expensest thatv wei incura asa aresulto ofthet termination.  tober reasonable, then wer mayi inc ours sole discretiont terminatet this Agreement  trialb byjuryir ina any action, proceeding, ord counterclaima arisingo outo oforr relatedt tot thisA Agreement  terminate, noa awards shall ber rendered, and wer mayt thenp pursue ourn remediesi ina accordancey with Paragraph 17a above.  negotiate am modificationi ino considerationc ofa ane equitables surcharget top pay oura additionali insurancep premiums andr risk.  ord demanda arisingy under thisA Agreementi inanyo courto orina arbitration.  Paragraph 22int thee event ofours soler negligence. 220131,A Attn: Legal Department.  AttachmentB/Rev.: 10.2020 Page2  46    FROEHLING& ROBERTSON  Engineering. Stability Since 1881  May 11, 2021  F&R PROPOSAL NO. 2163-00080 Mr. Gary Fankhauser ViZ, PLLC PO Box 704 Re:  (c/o via email: cmlereDewpervcom  Cornelius, North Carolina 28031  Proposal for Subsurface Exploration and Geotechnical Engineering Services  Cramer Mountain Road Sculpture Cramerton, North Carolina  Mr. Fankhauser:  Froehling & Robertson, Inc. (F&R) is pleased to submit this proposal for subsurface exploration and geotechnal engineering services for the above referenced project in Cramerton, Gaston County, North Carolina. This proposal was developed on the basis of information provided by Mr. Tony Miller of Dewberry via an email dated May 7,2021whichincduded: as site location mapi fort the proposeds sculpture. The proposed sculpture site is situated at the cul-de-sac end of an asphalt pedestrian walkway located southwest end of Riverside Park and Greenway in Cramerton, North Carolina. Based on the provided information, the project will consist of the construction of two 5-foot square spread footings that will support a helix sculpture. We understand the sculpture will be lightly loaded with each footing Based on review of readily available aerial photography, the site appears to be a relatively level grass- covered area overlooking a small tributary of the South Fork of the Catawba River to the southwest of the site. The site is generally bound by a small tributary of the. South Fork of the Catawba River to the southwest, Cramer Mountain Road to the northwest, the existing Riverside Park and Greenway to the In a more generalized description, the site is located just behind an oxbow in the South Fork of the Catawba River that is as close as about 1450 feet and 1150 feet to the northeast and southeast, respectfully. Proposed finished grade information was not provided at this time; however, we have assumed that minimal cuts and fills (i.e. 1to 2 feet or less) will be required to achieve finished grades. Inaddition, we notei that our review ofa available aerial photogaphy/ndiatesautlityabovegrade river- crossing. just south of the site with an alignment that suggest the potential for the presence of buried utilities running through or very near the site. We request that as-built plans of the buried utilities be  PROJECT INFORMATION  supporting a dead load of approximately 9 kips.  northeast and undeveloped wooded/wetland areas to the southeast.  provided prior to our mobilization to the site.  704.596.2889  3300 International Airport Drive AMinoily-Owned Business  Suite 600 Charlotte, NC28269  47    GEOTECHNICAL: SCOPE OF SERVICES  The purpose of ouri involvement on this project will be to 1) conduct a subsurface exploration program consisting of up to two soil test borings 2) provide general descriptions of the subsurface conditions at the locations explored, 3) provide foundation design recommendations for support of the proposed sculpture and 4) comment on the site development aspects of the proposed construction related to cut and fill across the sculpture area. In order to accomplish these objectives we propose to undertake the  following scope ofs services:  1) Visit the site to observe existing surface conditions and features and mark boring  locations.  2) Coordinate utility clearance with NC-811 Utility services. 3) Review readily available geologici information for the project site.  4) Execute a subsurface exploration consisting of up to two (2) Standard Penetration Test (SPT) borings to an approximate depth of 201 feet below existing grade within the proposed sculpture footing areas. The borings will be drilled to their planned depths, successive sampling increments in Partially Weathered Rock, or to auger refusal/auger skewing, whichever is encountered first. The proposed exploration includes up to 40 linear feet of soil drilling at this time. Groundwater measurements will be taken within the boreholes during and upon completion of drilling operations. If auger refusal on very hard or very dense material is encountered, the borings will be terminated at that depth. F&R is not proposing to explore the nature of refusal and no rock coring is planned at this time; 5) Evaluate the findings of the test borings and perform visual-manual engineering 6) Preparea awritten report summarizing our workonthe project, providing descriptions of the subsurface conditions encountered, providing foundation design recommendations for support of the proposedsculpture, and discussingg geotechnical related aspects of the proposed construction. Copies of the test boring logs will be included. One electronic PDF version oft the report will be submitted.  classitication on the collected soil samples.  Our proposed scope of geotechnical services does not include survey services, quantity estimates, civil, environmental, stormwater, or structural engineering services, preparation of plans or specifications, formal slope stability analyses, retaining wall design, or the identification and evaluation of wetland or  other environmental aspects of the project site.  Dewberry  Cramer. Mountain. Road Sculpture  F&R Proposal No.: 2163-00080  2  May11,2021  48    &R  By the nature of the work to be performed, our field exploration activities will result in disturbances to the site. Reasonable efforts will be made to lessen potential impacts. Completed boreholes will be backfilled with auger cuttings (soil). However, it should be noted that some boreholes may subside at some time following our work. F&R assumes no responsibility for borehole subsidence after demobilizing from the site and recommends that others occasionally observe the boring locations and  provide any additional infill that may be needed.  BASE GEOTECHNICAL: SERVICES LUMP SUM FEE  We propose a Lump Sum Fee of $3,000 for the base scope of services outlined above. Our services will be performed in accordance with the above provided scope and fee. While our maximum anticipated fee limit cannot be guaranteed, since variable conditions and design evolutions could alter the: scope of services required, we do agree to a maximum total project fee for this exploration phase of services of Ifneeded, the fees for services beyond our proposed scope would bei in accordance with our prevailing unit fee schedule or as negotiated at that time. Requested geotechnical consultation after issuance of the completed subsurface exploration and geotechnical evaluation report, attendance to meetings, or other requested services not included in the provided base scope and fee, will also be charged in  this amount without further authorization.  accordance with our prevailing or negotiated unit rates.  SCHEDULE OF SERVICES  We can typically mobilize a drill rig to a site within two to three weeks after receipt of a notice to proceed. The subsurface exploration program should be completed within one day. The written report can be expected within about one to two weeks following completion of the field activities. A verbal report of pertinent findings can be provided shortly after completion of the field exploration services, Froehling & Robertson, Inc. cooperates with the NC-811 Utility program. In accordance with State Law, NC-811 will be contacted prior to mobilization to the project site. State law requires us to allow 72 hours for the appropriate utility companies to mark: services lines int the vicinity of the project site. The Client should notify us of the locations of any known existing underground utilities on the site. Our proposal has assumed that utility clearance by NC-811 services will be sufficient to clear utilities at the site. However, if needed, F&R can coordinate for a subcontract private utility locating service. F&R should be notified if a private utility service is required prior to mobilization of our drill rig.  ifrequested.  Dewberry F&R Proposal No.: 2163-00080  Cramer Mountain Road Sculpture  3  May 11, 2021  49    ADDITIONAL STIPULATIONS  F&R agrees to perform the work described in this proposal, as discussed, subject to the provisions of this proposal and the terms and conditions of our Agreement for Engineering Services. Int the event the project site is not owned by the Client, the Client warrants that he has obtained all necessary permissions for F&R to enter onto the site. If, during the conduct of this study the presence of hazardous materials is indicated, or if insufficient information is available to render a complete report, then the work scope and associated costs may have to be expanded. We will advise you if additional The Client recognizes that a discovery of hazardous materials or suspected hazardous materials may require immediate measures to protect human health and safety, and/or the environment. If, while performing our services hereunder, pollutants are discovered that in our sole opinion pose unanticipated risks, it is hereby agreed that the scope of services, schedule, and the estimated costs will be reconsidered and that this contract shall immediately become subject to renegotiation or, int the sole F&R requests that the necessary property owners and property managers be notified oft the study prior  work and costs are necessary prior to undertaking any additional work.  discretion of F&R, termination. to the start of fieldwork.  CLOSURE  F&R appreciates the confidence that you have expressed in us by requesting this proposal. If this proposal is agreeable to you, please sign and return the attached Agreement for Engineering Services to initiate this work with F&R. Itis our pleasure to have the opportunity to submit this proposal and we look forward to working with you on this project. Please do not hesitate to call if you have any  questions. Sincerely,  FROEHLING & ROBERTSON, INC.  Nicholas).Jindra, EIT Geotechnical Staff Engineer Attachments:  Alexander B. Robinson, PE Branch Manager  Agreement for Services (8 pages)  Reviewed By: Andrew R. Frank, P.E.  FProposols2 AVCeeNisOnn, (Dewberry- Cromer Mountain Roods culpture/2163-00801 (Dewberry- Cramer Mountain Roads Sculpture)- Proposal.docx  Dewberry  Cramer Mountain. Road: Sculpture  F&R Proposal No.: 2163-00080  4  May 11,2021  50    SINCE  FROEHLING & ROBERTSON, INC. ENGINEERING . ENVIRONMENTAL - GEOTECHNICAL  1881  AGREEMENT FOR ENGINEERING SERVICES  THIS AGREEMENT, effective as of this THE PROJECTis generally described as: for Cramer Mountain Road Sculpture  10th Viz, PLLC Froehling & Robertson, Inc.  day of May  2021 is by and between  ("Client") ("Engineer").  and  Limited Subsurface Exploration and Geotechnical Engineering Services ("Project") and is located at: Cramer Mountain Road, Cramerton.Norh Carolina THISAGREEMENT consists oft the following documents which are incorporated! herein by reference:  ("Project Site").  GENERAL CONDITIONS FORI ENGINEERING SERVICES; and Per F&R Proposal No. 2163-00080, dated 10 May 2021  Engineer's SCOPE OF SERVICES. AND: SCHEDULE OF CHARGES (Exhibit A); and Any documents specifically listed below ori incorporated by reference in the listed documents.  Engineer agrees to perform the Services set forth in this Agreement and in accordance with its terms, including all attachments incorporated herein by reference. This Agreement may not be modified or altered, except in writing as specifically described in  this Agreement.  CLIENT:  ENGINEER:  Signature: Print Name: Title: Company: Address: Phone No: Fax No: Date:  Alexander B. Robinson, PE Branch Manager Froehling & Robertson, Inc. 3300 International Airport Drive, Suite 600 Charlotte, North Carolina 28208 704-596-2889 704-596-3784  FORMNO.1030  Page lof8  Rev.06/10  51    GENERAL CONDITIONS FOR ENGINEERING SERVICES  1. DEFINITIONS  2.3.2. Biological Pollutants. Engineer's  1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractors, including addenda, amendments, supplementary instructions, and 1.2. Contractor. The contractor or contractors retained to perform work on the Project for which Engineer isp providing Services under this Agreement. 1.3. Day(s). Calendar day(s) unless otherwise stated. 1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic 1.5. Services. The Services provided by Engineer as set forthi in this Agreement, the SCOPE OF SERVICES and any written amendment to this Agreement. 1.6. Work. The labor, materials, equipment and services required to complete the work described in the Engineer will perform the Services set forth in the attached 2.1. Changes in Scope. Ifl Engineer provides Client with a written confirmation ofa change in the SCOPE OF SERVICES, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Engineer on the Project are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the SCOPE OF SERVICES or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes conçerning modifications to scope or compensation pursuant to Section 2.2. Licenses. Engineer will procure and maintain business and professional licenses and registrations 2.3. Excluded Services. Engineer's Services under this Agreement include only those Services specified in the 2.3.1. General. Client expressly waives claim against Engineer resulting from its failure to perform any recommended additional services that Client has not authorized Engineer to perform, and any claim that Engineer failed to perform services that Client instructs  SCOPE OF SERVICES specifically excludes the investigation, detection, prevention or assessment of the presençe of Biological Pollutants. The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or any of their byproducts. Engineer's SCOPE OF SERVICES will not include interpretations, recommendations, findings, or conclusions any pertaining to Biological Pollutants. Client agrees that Engi- neer has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client defend, indemnify, and hold harmless claims by any third except for damages caused party concerning by Engineer's Biological sole Pollutants, 3. PAYMENTSTO ENGINEER 3.1. Basic Services. Engineer will perform all Services set forth in the attached SCOPE OF SERVICES AND SCHEDULE OF CHARGES for the amount(s) set 3.2. Additional Services. Any Services performed under this Agreement, except those Services expressly identified in the attached SCOPE OF SERVICES, will be provided on a time and materials basis unless otherwise specifically agreed toi in writing by both parties. 3.3. Estimate of Fees. In the event that the provides a written estimate of the costs to Engineer Services, the Engineer will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within said written cost estimate. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. The use ofa "not to exceed" limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that Engineer shall not incur fees and expenses in excess of the limitation amount without obtaining Client's agreement to do so. Under no circumstances shall a written cost estimate be deemed to be a' "not to exceed" price unless itis expressly sO statedi in this Agreement. 3.4. Rates. Clients will pay Engineer at the rates set forth in the SCHEDULE OF CHARGES. 3.4.1 Changes t0 Rates. Client and Engineer agree that the SCHEDULE OF CHARGES is subject to periodic review and amendment, as appropriate, to reflect Engineer's then-current fee structure. Engineer will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days ofnotification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client objects to the amended fee structure, and Engineer and Client can not agree upon a new fee structure within 30  change orders.  to agrees all Engineer from negligence.  substances or pollution.  forth therein.  Contract Documents. 2. SCOPE OF SERVICES SCOPE OF SERVICES.  perform the  19, "Disputes."  necessary toj provide its Services. SCOPE OF SERVICES.  Engineer not toj perform. FORMNO. 1030  Page 2of8  Rev.06/10  52    days after notice, Engineer may terminate this Agreement. Such termination shall constitute a termination other than Engineer's material breach of the Agreement and Client shall compensate the Engineer as set forth under Section 18.3, Termination, within 10 days after Engineer's notice 3.5. Payment Timing; Late Charge. All invoices are due upon receipt. All amounts unpaid 30 days after the invoice date will include a late payment charge from the date of the invoice, at the rate of1-1/2% per month or the highest rate permitted by law. Attorney's fees and other costs incurred by Engineer in collecting past due amounts 4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES 4.1. Level ofs Service. Engineer offers different levels of engineering Services to suit the desires and needs of different clients. Although the possibility oferror can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Client must determine the level of Services adequate fori its purposes. Client has reviewed the SCOPE OF SERVICES and has determined that it does not need or want a greater level of Services than that being provided. 4.2. Standard of Care. In providing Services under this Agreement, the Engineer will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in the same locale as the Project and under similar circumstances and at the same time the 4.3. No Warranty. THERE. ARE NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THE MMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE NOT SPECIFIED HEREIN, RESPECTING THIS AGREEMENT OR THE EQUIPMENT, DOCUMENTATION, REPORTS, DESIGN PLANS, DRAWINGS, SPECIFICATIONS, OTHER DOCUMENTS AND SERVICES TO BE PROVIDED HEREUNDER OR THE DELIVERY, USE OR 5. ESTIMATE OF CONSTRUCTION COSTS Client acknowledges that construction and Project development are subject to many influences that are not subject to precise forecasting and are outside of Engineer's control. Client further acknowledges that actual costs incurred may vary substantially from the estimates prepared by Engineer and that Engineer does not warrant or guaranty the accuracy of construction or development cost estimates. 6. CONSTRUCTION PHASE SERVICES When Engineer's SCOPE OF SERVICES includes observation: and/or testing during the course of construction ("Construction Phase Services"), the following clauses will  6.1. Construction Observation.  6.1.1. Sile Meetings & Visits. Engineer will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the SCOPE OF SERVICES or, ifr not specified in the SCOPE OF SERVICES, at intervals as Engineer deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality oft the geotechnical and construction materials aspects of the Work. Based on information obtained during such visits and on such observations, Engineer may inform Client oft the progress of the geotechnical and construction materials aspects of the Work. Client understands that Engineer may not be on site continuously; and, unless expressly agreed otherwise, Engineer will not observe all of the Work. 6.1.2. Contractor's Performance. Engineer does not, and cannot, warrant or guarantee that all oft the Work performed by Contractor meets the requirements of Engineer's geotechnical recommendations or the plans and specifications for the Work; nor can Engineer be responsible for Contractor's failure toj perform the Work in accordance with the plans, specifications or the 6.1.3. Contractor's Responsibilities. Engineer will not supervise, direct or have control over the Work nor will Engineer have authority over the responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor for the Project; for safety precautions and programs incident to the Work; nor for any failure of Contractor to comply with all applicable laws and regulations applicable to Contractor furnishing 6.1.4. Final Report. At the conclusion of Construction Phase Services, Engineer will provide Client with a written report summarizing the tests and observations, ifany, made by Engineer. 6.2. Review ofContractor's Submittals. Ifincluded in the SCOPE OF SERVICES, Engineer will review and take appropriate action on the Contractor's submittals, such as shop drawings, product data, samples, and other required submittals. Engineer will review such submittals solely for general conformance with Engineer's design, and will not include review for the following, all of which will remain the responsibility of the Contractor: açcuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety. 6.3. Tests. Tests performed by Engineer on finished Work or Work in progress are taken intermittently and indicate the general acceptability of the Work on a statistical basis. Engineer's tests and observations of the Work are not a guarantee oft the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans,  oft termination.  shall be paid by Client.  recommendations. of Engineer.  Services were performed.  and performing its Work.  PERPORANCETIREOE:  specifications and requirements.  apply:  FORMNO.1030  Page 3of8  Rev. 06/10  53    7. CLIENT'SRESPONSIBILITIES In addition to payment for the Services performed under this Agreement, Client agrees to: 7.1. Cooperation. Assist and cooperate with Engineer in any manner necessary and within its ability to facilitate Engineer's performance under this Agreement. 7.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client's policies and decisions, and assist as necessary in matters pertaining to thel Project and this Agreement. Client's representative will be subject to change by written notice. 7.3. Rights of Entry. Provide access to and/or obtain permission for Engineer to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Engineer will operate with reasonable care to minimize damage to the Project Site(s). However, Client recognizes that Engineer's operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage willl be borne by Client and is not included in the SCOPE OF SERVICES 7.4. Relevant Information. Supply Engineer with all information and documents in Client's possession or knowl- edge which are relevant to Engineer's Services. Client warrants the accuracy ofany information supplied by itto Engineer, and acknowledges that) Engineer is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify Engineer of any known potential or possible health or safety hazards existing on or near the Project Site, with particular referencei tol Hazardous Materials or conditions. 7.5. Subsurface Structures. Correctly designate on plans to be furnished to Engineer, the location of all subsurface structures, such as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by Engineer to any such structure or utility not sO designated. Engineer is not liable to Client for any losses, damages or claims arising from damage to subterranean structures or utilities that were not correctly shown on plans furnished by If Engineer discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions"), Engineer will notify Client in writing of the Changed Conditions. Client and Engineer agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If Engineer and Client cannot agree upon amended terms and condi- tions within 30 days after notice, Engineer may terminate this Agreement and be compensated as set forth in Section 18.3, Termination", within 10 days after Engineer's notice  9. HAZARDOUS MATERIALS  Client understands that Engineer's Services under this Agreement are limited to geotechnical and construction materials engineering and that Engineer has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate federal, state, municipal or other govermental agencies, including the potentially affected public, of the existence of any Hazardous Materials on or in the Project site, or located during the performance oft this Agreement. The existence or discovery of Hazardous Materials constitutes a Changed Client agrees not to require that Engineer execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) Engineer believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) Engineer believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Engineer has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Engineer is limited to an expression of professional opinion based upon the Services performed by Engineer, and does not constitute a warranty or guarantee, either  Condition under this Agreement. 10. CERTIFICATIONS  unless otherwise stated.  expressed ori implied. 11. ALLOCATION OF RISK  11.1 Limitation of Liability. In recognition of the relative risks and benefits of the Project toi both the Client and the Engineer, the risks have been allocated such that the Client agrees, to the fullest extent, permitted by law, to limit the liability of the Engineer to the Client for any and all claims, losses, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert witness fees and costs, so that the total aggregate liability of the Engineer to the Client arising out of the Project shall total $50,000, or the Engineer's total fee for Services on this Project, which- ever is greater. Itis intended that this limitation apply to any and all liability or causes ofaction however alleged or arising, unless otherwise prohibited by law. 11.2. Indemmification.  Client tol Engineer. 8. CHANGEDCONDITIONS  11.2.1. Indemnification. The Engineer agrees, to the fullest extent permitted by law, toi indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorney's fees and defense costs (no duty to defend), to the extent caused by the Engi- neer's negligent performance of professional services under this Agreement and that ofi its subconsultants or anyone for  whom the Engineer is legally liable.  of termination.  FORMNO.1030  Page 40 of8  Rev. 06/10  54    The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, its officers, directors, employees and subconsultants (collectively, Engineer) against all damages, liabilities or costs, including reasonable attorey's fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts ofi its contractors or consultants or anyone for whom the Client is legally 11.2.2. Hazardous Materials Indemmification. Except to the extent caused by Engineer's sole negligence, Client expressly agrees to defend, indemnify and hold harmless Engineer, its officers, directors, employees and subconsultants from and against any and all damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or 11.3. Consequential Damages. Neither Client nor Engineer, nor their respective officers, directors, partners or employees, shall be liable to the other or shall make any claim for any incidental, indirect, special, exemplary, punitive, or consequential losses or damages arising out of or connected in any way to the Project ort to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict, express or implied warranty. Both the Client and the Engineer shall require similar waivers of consequential and other damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this Project. 11.4. Continuing Agreement. The indemnity obligations and the limitations of liability established under this Agreement wills survive the expiration or termination of this Agreement. If Engineer provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the obligation of the parties to indemnify each other and the limitations on liability established under this Agreement apply to such Services as ifthe parties had executed an amendment. 12. INSURANCE 12.1. Engineer's Insurance. Engineer will obtain, if reasonably available, the following coverages: 12.1.1. Statutory Workers' Compensation / Employer's Liability Insurance; 12.1.2. Commercial General Liability Insurance with a combined. single limit of$1,000,000; 12.1.3. Automobile Liability Insurance, including liability for all owned, hired and non-owned vehicles with minimum limits of $1,000,000 for bodily injury per person, $1,000,000 property damage, and  $1,000,000 combined single limit per occurrence; and, 12.1.4. Professional Liability Insurance in amounts of$1,000,000 per claim and annual aggregate. 12.2 Contractor's Insurance. Client shall require that all Contractors and subcontractors for the Project name Engineer as an additional insured under their General Liability and Automobile Liability insurance policies. If Client is not the Project owner, Client will require the Project owner to require the project owner's Contractor to purchase and maintain General Liability, Builder's Risk, Automobile Liability, Workers' Compensation, and Employer's Liability insurance with limits no less than as set forth above, and to name Engineer and its subcontractors and subconsultants as additional insureds on 12.3. Certificates of Insurance. Upon request, Engineer and Client will each provide the other with certificate(s) of insurance evidencing the existence of the policies required herein. Except for Professional Liability and Workers' Compensation Insurance, all policies required herein shall contain a waiver ofs subrogation. 13. OWNERSHIP. AND USE OF DOCUMENTS 13.1. Client Documents. All documents provided by Client will remain the property of Client. Engineer will return all such documents to Client upon request, but may 13.2. Engineer's. Documents. Unless otherwise agreed in writing, all documents and information prepared by Engineer or obtained by Engineer from any third party in connection with the performance of Services, including, but not limited to, Engineer's reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar test documents (collectively Documents") are the property of Engineer. Engineer has the right, in its sole discretion, to dispose of or retain the 13.3. Use of Documents. All Documents prepared by Engineer are solely for use by Client and will not be provided by either party to any other person or entity without. Engineer's prior written consent. 13.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing 13.3.2. Use by Engineer. Engineer retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose. 13.4. Electronic Media. Engineer may agree at Client's request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation,  liable.  the General Liability Insurance.  exposure tol Hazardous Materials.  retain file copies of such documents.  Documents.  requirements of the Project.  FORMN NO.1030  Page 5of8  Rev. 06/10  55    software error, or human alteration. Accordingly, all Documents and information provided by Engineer in electronic media are for informational purposes only and not as final documentation. Unless otherwise definedi in the SCOPE OF SERVICES, Engineer's electronic Documents and media will conform to. Engineer's standards. Engineer will provide any requested electronic Documents for a 30 day acceptance period, and Engineer will correct any defects reported by Client to Engineer during this period. Engineer makes no warranties, either express or implied, regarding the fitness or suitability of any electronic 13.5. Unauthorized Reuse. Noj party other than Client may rely, and Client will not represent to any other party that it may rely on Documents without Engineer's express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without Engineer's express prior written consent. Client waives any and all claims against Engineer resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify and hold harmless Engineer from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without  except for an assignment of proceeds for financing purposes. Engineer may subcontract for the services of others without obtaining Client's consent if Engineer deems iti necessary or desirable for others to perform certain 17.1. Procedures. Client may, at time 10 written notice suspend performance ofa all any or by of days the Services by Engineer. Engineer may any terminate part this than 60 days and Client will pay Engineer's Engineer as set forth under section 18.3, "Termination." If Client suspends Engineer's Services, or if Client or others delay Engineer's Services, Client and Engineer agree to equitably adjust: (1) the time for completion of the Services; and (2) Engineer's compensation in accordance with Engineer's then current SCHEDULE OF CHARGES for the additional labor, equipment, and other charges associated with maintaining its workforce for Client's benefit during the delay or suspension, or charges incurred by Engineer for demobilization and subsequent remobilization. 17.2. Liability. Engineer is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Engineer's control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, flood, explosions, "acts of God," adverse weather fires, conditions, acts of government, labor disputes, transportation or inability to obtain material and equipment 18.1. Termination for Convenience. Engineer and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other material breach of this Agreement, the party not breaching the Agreement may terminate it upon 10 days written notice delivered or mailed to the other party. The termination notice shall state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 10-day period. other than for Engineer's material breach of this Agree- ment, Client will pay Engineer for Services performed prior to the termination notice date, and for any necessary Ser- vices ande expenses incurred in connection with the termina- tion of the Project, including but not limited to, the cost of completing analysis, records and reports necessary to docu- ment job status at the time of termination and costs associ- ated with termination of subcontractor contracts in accor- dance with Engineer's then current SCHEDULE OF  Services.  17. SUSPENSION. ANDI DELAYS Agreement if Client suspends  Services for more  Documents or media.  in delays  written consent.  Engineer's prior  in the open market. 18. TERMINATION  14. SAMPLES. AND CUTTINGS  14.1. Sample Retention. If Engineer provides laboratory testing or analytic Services, Engineer will preserve such soil, rock, water, or other samples as it deems necessary for the Project, but no longer than 45 days after issuance of any Documents that include the data obtained from these samples. Client will promptly pay and be responsible for the removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and 14.2. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during any investigation by Engineer, and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client's expense. 15. RELATIONSHIP OF THE PARTIES Engineer will perform Services under this Agreement as an independent contractor. Nothing contained in this Agreement, or in the performance of Engineer and Client hereunder, is intended to benefit nor shall inure to the 16. ASSIGNMENT. ANDSUECONTRACTS Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party,  party.  18.2. Termination  Cause. In for  the event of a  other hazardous substances.  18.3. Payment  on Termination.  Following termination  benefit of any third party.  CHARGES. 19. DISPUTES  19.1. Mediation. All disputes between Engineer and Client are subject to mediation. Either party may demand  FORMNO.1030  Page 6of8  Rev. 06/10  56    mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of 19.2. Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation, occurred but did not resolve the dispute; or a statute of limitation would elapse ifs suit was not filed prior to 45 days 19.3. Choice of Law; Venue. This Agreement will be construed with and govered by the laws of the 19.4. Statutes of Limitations. To the fullest extent permitted by law, no action, regardless of form, arising out of the Services under this Agreement, may be brought by either party more than two (2) years after the act or omission giving rise to a cause of action has occurred, except that an action for nonpayment against Client may be brought within two (2) years from the date of the last payment or the date of Engineer's original invoice for such  20.2. Modification of this Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 20.3. Notices. Any and all notices, requests, instructions or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses 20.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this 20.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver oft thes same term, condition, or breach. 20.6. Default. Notwithstanding other contained in this Agreement, Client agrees any to pay provision Engineer all reasonable expenditures incurred enforcing the terms of this Agreement including by reasonable attorney's fees and court costs, ifany.  service ofnotice.  after service of notice. Commonwealth ofVirginia.  given in this Agreement. Agreement.  Engineer in  service, whicheveri is later. 20. MISCELLANEOUS  End of General Conditions  20.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and supersedes all prior agreements, whether written or oral. Ifany portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken  portions as thel law allows.  FORMNO. 1030  Page 7of8  Rev.06/10  57    EXHIBIT A: ENGINEER'S SCOPE OF SERVICES  AND SCHEDULE OF CHARGES  Engineer's Proposal or other description of(1) Scope of Services, and (2): Schedule of Charges fort the Work covered by this  Agreement is either:  Listed below; or Attached in as separate document(s)  Per F&R Proposal No. 2163-00080, dated 10 May 2021  FORMNO.1030  Page 8of8  Rev. 06/10  58