Town of PRINCETON  Est 1873  October 7, 2024 7:00PM  BOARD OF COMMISSIONERS - BOARD MEETING AGENDA  1. Call to Order 2. Invocation & Pledge  3. Adopt Agenda for the October 7, 2024 Board Meeting 4. Adopt September 2024 Board Minutes 5. Comments from Mayor and Commissioners 6. Public Comments Persons to be Heard 7. TRC -V Water and Sewer AIA Agreements 8. Police Department Surplus Request - Resolution 9. Vacant Lot Offer - Parcel 04007019 10.Annexation Request  a. Public Hearing for Annexation of Parcel 04005046L 1.88 acres Town of b. Public Hearing for Annexation of Parcel 04008007 27.02 acres Rains C. Certificate of Sufficiency and Resolution setting Public Hearing for Parcel  Princeton  04005046 3.47 acres J&N Developers  Next board meeting is November 4, 2024 at 7:00pm  Offices will be closed November 11, 28 and 29.    Town of Princeton Board Meeting 7:00PM September 9, 2024  Present: Mayor Stacy. Johnson, Comm. Robinson, Comm. Holmes, Comm. Martin.  Others: TA King, TC April Williamson, Asst. TC Emily Caughron, PWS Buddy Sanders, Marla Ashworth,  Davis Spain  Mayor Pro Tem Mike Rose is in attendance via phone. Mayor. Johnson called the meeting to order at 7:00 PM.  Comm. Robinson gave the invocation and Comm. Holmes led the Pledge of Allegiance. Mayor Johnson requested that 8E be added to the agenda which is Marla Ashworth presentation going over the radio read meters. The board agreed, Comm. Martin made a motion to adopt the agenda for the September 9, 2024 meeting with item 8E and Comm. Holmes seconded the motion. Motion passed Comm. Martin made a motion to adopt the consent agenda which included July 8, 2024 board meeting minutes and August 5, 2024 board meeting minutes and Comm. Robinson seconded the motion. Motion Mayor Johnson read his comments as presented. He spoke on the USDA grant and loan approval, upcoming Parks and Recreation Master Plan, the upcoming Fall Festival, He asked Comm. Rose to  unanimously.  passed unanimously.  respond verbally to all discussions and motions.  David Spain - Candidate for the. JCBOE School Board introduced himself.  Kayla Lee - USDA presented the award for the WWTP expansion of $10,560,000 in grant and a $2,400,0001 in loan. She was very happy to present this to the town. Comm. Martin made a motion to accept the USDA funds/loan. 2nd by Comm. Robinson. Motion passed unanimously. Marla Ashworth -TRC presented the water AIA resolutions accepting the $150,000 grant for the water AIA allowing TA King to sign on the town behalf. Motion made by Comm. Martin, 2nd made by Comm. Marla Ashworth - TRC presented the sewer AIA resolutions accepting the $150,000 grant for the sewer AIA allowing TAI King to sign on the town behalf. Motion made by Comm. Martin, 2nd made by Comm. Marla Ashworth -TRC presented the S. Center St. resolutions offering that Haddock Ent. was awarded the contract of $83,160. TAI King to sign on the town behalf. Motion made by Comm. Martin, 2nd made Marla Ashworth = TRC presented the engineering services agreement with TRC for the WWTP expansion project. Motion made by Comm. Rose, 2nd made by Comm. Holmes. Motion passes unanimously. TA King presented budget amendments for FY23-24. There was one amendment presented. Motion  Robinson. Motion passes unanimously.  Holmes. Motion passes unanimously.  by Comm. Holmes. Motion passes unanimously.  made by Comm. Martin, 2nd by Comm. Holmes. Motion passes unanimously.    April Williamson presented the request for annexations for parcel 04005046. Motion was made by Comm. Robinson, 2nd by Holmes. Request for annexation for parcel 04005046L. Motion was made by Comm. Robinson, 2nd by Comm. Martin. Adopt certification and sufficiency resolution fixing the date for the public hearing. Motion made by Comm. Robinson, 2nd by Comm. Holmes. Motion passes  unanimously.  Brad' Thompson presented the water and sewer policy amendments as presented in the packet. Comm. Holmes made a motion to adopt the revised policy, 2nd by Comm. Martin. Motion passes unanimously. TAI King and Mayor Johnson presented the two bids for the Capital Improvement Plan. CPCOG offer was $8,000 and" TRC was $7,500. A motion was made by Comm. Robinson to accept the offer from TRC, 2nd TAI King asked the board to re-advertise the vacant lot at the current tax value. The board had no objections to re-advertising the vacant lot as presented. Motion was made by Comm. Martin, 2nd by Mayor. Johnson spoke and said he would like to get board approval to move funds from the GF toa Money Market with KS Bank ast they offered the best rates. This would generate money for the town annually estimating around $50-60,000annually. The board agreed this was a good idea. Comm. Robinson made a motion to move forward with the money market, 2nd by Comm. Martin. Motion passes  by Comm. Martin. Motion passes unanimously.  Comm. Holmes. Motion passes unanimously.  unanimously. No further discussion.  Motion to adjourn by Comm. Robinson, 2nd by Comm. Holmes.  Meeting adjourned at 10:01pm.  Stacy G.. Johnson, Mayor  Michael King, Town Adminstrator    7  Gentlemen,  Please see the attached update for the Town's ongoing engineering projects with TRC.I Iwant to highlight For Martin Livestock, Iam needing to push the bid back another two weeks to address some additional questions that were received from interested bidders. The good news is that Iam getting a lot ofi inquiries into the project, SO once we can open I expect a good amount of competition. We can discuss in detail this week. Iwas hoping to get everything addressed and reviewed on Friday, but I was unable to obtain all of Also, please see the attached professional engineering services proposals for the Town's water and sewer Asset Inventory Assessment (AIA) projects. Iwould like to ask that these be included on the agenda for the Town's next board meeting to be approved and signed. Wel have gone ahead and begun work sO as not to delay the project schedule, but getting the signed contract in place would be greatly appreciated.  two items specifically this week - see below.  the information I needed to issue an addendum.  Thanks! Have a great weekend! Ethan Gartin, PE Project Manager  114 Edinburgh South Dr, Suite 200, Cary, NC 27511  TRC T919.827.0864 C919.582.7269 sernetcompenescon  TRCcompanies.com    7  TRC September 21, 2024 Stacy Johnson Mayor Town of Princeton 503 Doctor Donnie H Jones Jr Blvd W Princeton, NC2 27569  114 Edinburgh 5. Drive, Ste. 200 T919.827.0864  Cary. NC 27511  TRCcompanies.com  RE: Proposal for Professional Services Town of Princeton TRC Proposal No. 625132 Dear Mayor Johnson: project. I.  Water System Asset Inventory and Assessment  On behalf of TRC thank you for the opportunity to present out proposal to the Town of Princeton (Town) for Professional Engineering services for the Water System Asset Inventory and Assessment (AIA)  BACKGROUND  The Town of Princeton operates a water distribution system that consists of approximately 27 miles of distribution lines. The Town has multiple interconnections with Johnston County, from which the town regularly purchases water. The distribution lines are understood to be mostly PVC and ductile iron pipes, but approximately 4% is reported as galvanized iron. The Town has requested services to conduct an AIA study to address the lack of accurate mapping and database of assets and potential operational challenges in the water system that include dead-end lines, undersized lines, buried blow-off valves, and inconsistent pressure ini the distribution system. This will help to prioritize capital investments on the most  critically impacted areas of the system.  II.  SCOPE OF WORK  Services to be provided by TRC under this task order will include the following:  Task A. Analysis of Distribution System Records  Review existing water system mapping and permitting. Review inter-connection agreements with Johnston County. Assemble an updated base map as basis for GPS location of system assets. Find and set GPS location for each water valve, meter, and fire hydrant within the Note existing system components and visible condition as applicable.  Task B. GPS Locate and Map Valves, Meters, and Hydrants  system.  Provide relevant photos.  Task C. Hydraulic Water Model  Generate a water model using WaterCAD based on existing data and further evaluations Utilize data from the Town as available - hydrant flow testing, water tank elevations with min/max water levels, pump rates, customer demand, etc. to calibrate the existing  tor represent the existing water system.  system model.  020241 TRCI ARights Reserved PRL-240921 Princeton AIA Water Proposal    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  Note any deficiencies found in the system as indicated by the water model, such as Perform analysis and visual inspection of existing water system components. Perform Financial Analysis and Risk-Based Assessment for water system deficiencies  insufficient fire flows.  Task D. Asset Management Plan  and needs.  Provide general guidelines for operation of key assets. Provide size, type, and total length of water lines.  Task E. Rate Study  Evaluate proposed capital improvements and how rates would be affected. Review existing expenses and revenues, project over the next 5 years. Make general recommendation for ifa rate increase is needed, and ifs so to what extent. Review of report content and meet with staff to address concerns and needs. Review past and present budgets to determine funding capabilities and needs. Determine a cost of repairs needed to make system viable and determine how repairs Prioritize capital investments for critically impacted areas of the system. Consolidate findings of CIP, Rate Study, Water Model, Asset Management Plan, and other work and data into a summarized Asset Inventory Assessment. Provide full support in administering funds from NC DEQ, including providing requested updates, ensuring documentation requirements are fulfilled, and any other work which is required to satisfy funding conditions that are not included in the remaining tasks. Coordinate meetings, signatures, submittals, etc. requested by NC DEQ to satisfy  Task E. Capital Improvement Plan (CIP)  will generate funds through lower treatment costs. Generate final 10-year CIP document.  Task G. AIA Summary Report Task H. Funding Administration  funding requirements.  III. SUBMITTALS  TRC will provide the following deliverables, all in electronic format:  Revised map of water system Rate Study Water Model Capital Improvement AIA Report/Summary  02024 TRCI AlRights Reservedi IPRL 24.0921 Princeton AIAS Water Proposal    Stacy Johnson, Mayor Water System AIA Princeton, NC IV. FEES  TRC  The proposed fees fort the above-described services are on al Lump Sum basis. Fees will be billed monthly based on our efforts completed at the close of the respective billing period. We will providea a written progress report outlining the status of the project, outstanding issues, items needed, further coordination, or other items of interest to keep the project team informed of progress toward completion.  Task A- Analysis of Distribution System Records.  $10,000 $20,000 $30,000 $20,000 $10,000 $10,000 $10,000 $145,000  Task B - GPS Locate and Map Valves, Meters, and Hydrants. $35,000  Task C-H Hydraulic Water Model. Task D - Asset Management Plan. Task E - Rate Study.  Task F - Capital Improvement Plan (CIP). Task G-A AIA Summary Report. Task H-Funding Administration. Total Lump Sum. SCHEDULE  V.  TRC is prepared to commence with the above-described tasks immediately upon receipt of Authorization to Proceed (ATP). A detailed schedule of milestones and deliverables will be developed in conjunction  with the Town of Princeton upon receipt of the ATP. VI. ASSUMPTIONS AND LIMITATIONS  Additional services, ifr required, will be provided by TRC on an hourly basis or a negotiated lump sumi fee. Awritten scope of services and fee proposal willl be submitted to the Town of Princeton forr review and consideration prior to commencement of any requested additional services. The parties agree that the proposed scope of services may change based on meetings and consultation with the Town of Princeton or others. The parties agree that should the scope of services change, TRC will provide the Town of Princeton with ar revised proposal or an addendum tot this agreement for any such changes and associated costs to be paid by the Town of Reimbursable/direct expenses such as copying, printing, mileage, and mailing are included in the The Town will provide requested data, documents, and signatures in at timely manner. Every attempt to locate valves and appurtenances oft the distribution system will be made; however, buried, paved-over, and otherwise unlocatable items may be omitted in the map unless uncovered by  Princeton. above fees.  Hard copies of deliverables can be provided upon request.  the Town or a third party.  02024TRCI AlRights  PRL- 24.0921 Princeton AIA Water Proposal  3    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  On behalf of TRC, thank you for giving us the opportunity to provide our proposal for Professional Engineering services. Ift this proposal meets withy your approval, please sign the Authorization to Proceed below and return itt to us. Please keep a copy oft the proposal for you records. Should you have questions regarding this proposal, contact Ethan Gartin at (919) 582-7269 or via email at atnaIRCempanescn. We look forward to working withy you on this project.  Sincerely,  fhbE Prepared by: Ethan Gartin, PE Team Lead Utilties Attachments:  CAA Reviewed and. Approved. by: C. Tyrus Clayton, Jr., PE Director NC Site Development & Civil  Attachment 1 - Work Authorization Attachment 2 -1 TRC Terms and Conditions Attachment 3-TRC Billing and Equipment Rates  020247 TRCI ARignts Reserved PRL-240921- Ponceton AIA Proposal    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  Attachment 1 Work Authorization  Acceptance of TRC Proposal - Princeton Water System AIA  Attention: Ethan Gartin, PE Acceptance  Authorization for TRC to commence work included in the above-referenced Proposal constitutes acceptance of this Agreement. TRC will begin project preparations upon receipt of the completed form below. Ifa purchase order is required for our invoice to be processed, that purchase order must be received in order for our team to mobilize. Acceptance is limited to the terms stated herein, and any additional or different terms are rejected unless expressly agreed to in writing by TRC.  Approved and accepted as of the date shown below:  Town of Princeton  By:  Signature  Printed Name  Title  Date  02024TRCI ARights Reservedi IPRL  Princeton AIA Water Proposal  5    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  Attachment 2  TRC PROPOSAL TERMS AND CONDITIONS  These Terms and Conditions are incorporated into the proposal to which these Terms and Conditions are attached (the' Proposal"). The term "TRC" herein shall mean the entity submitting the proposal. The term' "Client" herein ARTICLE 1. WORK, AGREEMENT DOCUMENTS, AND PROJECT INFORMATION 1.1 Work, Deliverables Materials. TRC will perform the consulting, engineering, and/or other professional services (the "Work"), provide the work product, such as drawings, plans, specifications, reports, or other information ("Deliverables"), and/or procure the materials and/or equipment ("Materials"), as set forth in 1.2 Agreement Documents. These Terms and Conditions, together with the Proposal, form the Agreement pursual to which TRC will perform. If Client issues a purchase order or similar document authorizing the Work ("Client Authorization'), any pre-printed terms included ina any Client/ Authorization shall be ofr no effect 1.3 Interpretation. In the event of any conflict or inconsistency between or among any of the Agreement Documents, these Terms and Conditions shall take precedence, followed byt the Proposal, unless expressly stated otherwise herein ori in the Proposal. In the event of any conflict ori inconsistency between or among the terms or conditions established in a Change Order or amendment and the Agreement, the terms of such Change Order or amendment will take precedence over those of the Agreement. No other terms or 1.4 Defined Terms. Some capitalized terms usedi in the Agreement may be defined in the Proposal. Any term defined in the Proposal will. have the same meaning throughout the Agreement, and any term defined in 2.2 Invoicing. TRC will bill for its Work, and Client shall compensate TRC, as provided in the Proposal. TRC will submit monthly invoices for Work rendered and expenses incurred int the prior month. (a) Time and Expense. Any Work performed on a time and expense ort time and materials basis will be (i) Rates shall be as set forthi int the Proposal. Rates are subject toi increase on an annual basis. (ii) TRC willl keep accurate and daily records of all labor, equipment, and materials furnished. TRC will summarize daily records on a weekly and/or monthly basis and will submit for review Project Expenses. Expenses reasonably incurred in connection with the Work will be invoiced at 6% of Labor (includes in-house reproduction, office materials, telecommunications, standard software, postage, computer expenses, and field Insurance. A charge of 2% will be applied to all invoiced amounts for the cost of TRC's Subcontractors. Ai fee of 10% will be added to the invoice cost of subcontracts managed Client Requested Expenses. Outside services such as, butr notl limited to, outside reprographic services, materials, and equipment, will bei invoiced at cost plus 10%. Mileage. Personal automobile travel from portal to portal or between locations will be Travel Expenses. Airfare, car rental, taxi, parking, tolls, and incidental expenses will be invoiced at cost plus 10%, with receipts provided for any expense over $25.00. Lodging and Meals. Lodging and meals will be charged either: ato cost plus 10%, with receipts provided for any expense over $25.00, or on a per diem basis, using the GSA per diem rates found here: Mtps/Mww.SsaSOVtraNelpan-booper. diem-rates. When lodging and meals are charged on a per diem basis, a flat per diem rate will be charged and receipts will not be provided for actual lodging and meal expenses.  shall mean the person ore entity for whom the' Work will be performed.  detail int the Proposal.  and are expressly excluded from this Agreement.  conditions shall be applicable to the' Work.  the Agreement will have the same meaning in the Proposal. ARTICLE2. COMPENSATION AND INVOICING 2.1 Compensation. Clients shall payt the Contract Price set forth in the Proposal.  invoiced as follows:  upon Client's written request. (iii) Reimbursable Expenses:  expendables). insurance coverage. by TRC  charged at current IRSI mileage rates perr mile.  (iv) Unless otherwise stated, the Contract Price does noti include any present orf futuref federal, state, or local property, license, privilege, sales, use, excise, gross receipts or other like taxes or  02024 TRCI ARights Reservedi PRLY 24.0921 Princeton AIAI Water Proposal  6    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  assessments which may be applicable to, measured by, imposed upon, or resulting from the (b) Lump Sum or Unit Prices. IfWork is performed on al lump sum or unit price basis, TRC willi invoice ont the schedule provided for in the Proposal or, ifnoi invoicing schedule isi included in the Proposal, based on percentage of completion of Work or number of units completed, as applicable. (c) Disputed Invoices. IfClient objects to all or any portion of ani invoice, it must notify TRC in writing detailing the nature oft the objection within seven (7) days from the date of receipt of the invoice, and must pay any undisputed portion of the invoice as provided in Section 2.3 below. The Parties will confer immediately after Client advises of a dispute and the Parties will make every effort to immediately resolve the disputed portion of the invoice. If the Parties fail to reach agreement at the project level on a disputed invoice within thirty (30) days oft the date oft the invoice, either Party has the option of proceeding in accordance with Article 15, Dispute Resolution. 2.3 Payment Terms. Except as provided in Section 2.2(c) above, Client must pay all invoices as set forth in the remittance instructions in Section 16.1 12 below no later than thirty (30) days after the date oft the invoice. 2.4 Failure to Pay. Except as provided in Section 2.2(c) above, interest will accrue on all delinquent payments at the rate of 1.5% per month, or the highest rate permissible under applicable law, whichever is less, Additionally, if Client does not pay TRC within forty-five (45) days of the date of an invoice, then, upon seven (7) days' written notice to Client, TRCI may suspend performance of the Work and any Deliverables until it receives payment of the amount owing. Additionally, Client will reimburse TRC for all reasonable costs incurred by TRC in collecting any overdue payments and related interest, including, without limitation, reasonable attorneys' fees, other legal costs, court costs, and collection agency fees. 2.5 Records/Audit TRC will keep complete and accurate records in accordance with generally accepted accounting practices with respect to all amounts invoiced by TRC under this Agreement. TRC will keep such records pertaining to each invoice for two (2) years after the date of the invoice. If an audit is commenced within such two (2) year period, Client must provide TRC with advance written notice of the audit, such audit may only be performed during normal business hours, and such audit shall not extend to TRC's overhead, markups, profit/loss information, fixed rates, unitp prices, prices expressed as percentages, 3.1 Time for Performance. TRC will use commercially reasonable efforts to perform the Work within the Contract Time stated in the Proposal tot the extent consistent with the terms oft this Agreement, the Standard of Care 3.2 Completion. TRC's Work will be considered complete at the earlier of: () the date when TRC's Deliverables are reasonably accepted by Client; or (i) thirty (30) days aftert the date when the last OfTRC's Deliverables are submitted for final acceptance if Client does not notify TRC in writing within such 30-day period that the 4.1 Work Added or Changed by Client. Client shall provide TRC with an equitable adjustment in compensation and time for performance for any Work added or changed by Client. Any changes or additions to the Work shall be set forth in a written document signed by both Parties("Change Order"). TRC has no obligation to 4.2 Force Majeure Events. No Party will be liable or responsible to the other Party, nor be deemed to have defaulted under this Agreement, for any failure or delay in fulfilling or pertorming any term oft this Agreement (except for any obligations to make payments to the other Party hereunder), to the extent such failure or delay is caused by al Force Majeure Event. The term "Force Majeure Event" means any event which: (a) is not within the reasonable control of the affected Party; and (b) causes the affected Party to be delayed in performance of, or unable to perform, its obligations under this Agreement. Subject to the foregoing, Force Majeure Events include, but are not limited to: drought; fire; flood; extreme weather conditions; earthquake; lightning; epidemic; war (whether declared or undeclared); acts of terrorism, or damage resulting therefrom; acts of God or the public enemy; explosion; rebellion; riot; civil disturbance; sabotage; vandalism; actions ofthird parties; actions ofa courto or other governmental entity; actions of, or failure to act by, regulatory agencies; strikes or other concerted acts of workers; accidents in shipping or transportation, and the closing or congestion (beyond reasonably foreseeable levels) in any harbor, dock, port, canal, or other adjunct of the shipping or navigation of or within any place; or pandemic, epidemic, or governmental activity in response to such pandemic or epidemic that impacts a Party's ability to perform. The Party affected by a Force Majeure Event: (i) must promptly notify the other Party by email; (ii) is relieved from fulfilling its contractual obligations during the continuance ofthe Force Majeure Event to the extent the inability to perform is caused byt the Force Majeure Event; (i) as soon as reasonably possible after the Force Majeure, must fulfill or resume fulfilling its obligations hereunder; (iv)r must promptly notify the other Party bye email oft the cessation or partial cessation oft the Force Majeure Event;  performance oft the Work.  starting on the 315! day after the date of an invoice.  efficiency in performing Work, or any trade secrets. defined below, and the orderly progress of the Work.  ARTICLE3. TIME FOR PERFORMANCE  Deliverables fail to conform to the requirements oft the Agreement. ARTICLE4. ADDITIONAL: AND CHANGED WORK, DELAYS  proceed with changed or additional work until the Parties execute a Change Order.  02024 TRCI AilRignts Reservedi PRL 24.0921 Princeton AIAN Water Proposal  7    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  and (v) will be entitled to equitable compensation and an equitable adjustment of the Contract Time to neutralize the effect oft the Force Majeure Event. Within a reasonable time after cessation oft the Force Majeure Event, any Party claiming additional time and/or compensation must provide the other Party with supportingi information tos substantiate its position. Ifthe Parties fail to reach agreement at the project level on an amendment ora Change Order within thirty (30) days oft the submission of supporting information, either Party has the option of proceeding in accordance with Article 15, Dispute Resolution. 4.3 Impacts to the Work. TRC will be entitled to equitable compensation for, and an equitable adjustment oft the Contract Time, to the extent the Work is impacted by any additional or changed Work as a result of any actions or circumstances not the fault of TRC, including, butr not limited to: a failure of Clientt top perform or cause performance of its obligations in accordance with the Agreement, including, butr not limited to, failure to provide necessary access or Information (defined below); failure to provide necessary comments in connection with the development of any Deliverables (defined below); interference with or delay of any Work caused by Client, or other party for whom Client is responsible; any error, omission, or ambiguity in Information; changes ins site conditions; and delays in obtaining, or the absence, suspension, termination, 4.4 TRC Change Order Requests. Whenever TRC discovers an event or a condition has impacted its Work sO ast to constitute a basisf for a change in compensation or schedule, TRC will notify Client by email promptly after discovery oft thee event or condition, advising Client oft ther nature oft thei impact and requesting a Change Order. Within a reasonable time thereafter, TRC will provide Client supporting information to substantiate TRC's position. Ifthe Parties fail tor reach agreement at thep project level on a Change Order request within thirty (30) days' of TRC's submission ofs supporting information, either Party has the option of proceeding in 4.5 Delays by TRC. Ifthel Worki isr notp progressing! ina accordance with thep project schedule duet to TRC'sf fault, TRC willt take appropriate corrective measures tor recovert the schedule atl TRC's expense, tot the extentt the delays 5.1 Client Information. Client will furnish to TRC all existing studies, reports, surveys, inspections, Project Site evaluations, data, and other information available or that becomes available to Client and pertinent to TRC'sp performance ofthe Work( ('Information"), authorize TRCI to obtain additional Information as required; and furnish the services of others where necessary for the performance of the Work. TRC will be entitled 5.2 Access. Where necessary for performance of the Work, Client will arrange for TRC access to any site or 5.3 Subsurface Investigations. Ifthe Work involves subsurface investigation, excavation, or drilling, Client must provide TRC with assistance in locating underground structures or utilities in the vicinity of any such activities. If despite commercially appropriate practices neither Client nor TRC can confirm the location of such underground structures or utilities, Client agrees that TRC is not responsible for any costs associated with, anda accepts alll liability and costs associated with, the repair, replacement, orr restoration ofa any damage 5.4 Communication. Client will designate an authorized representative who will be responsible for communications and consultation with TRC and who will have the authority to make decisions necessary 6.1 Standard of Care. TRC will perform the Work consistent with the professional skill and care ordinarily provided by the same type of professional, for a project of similar size, scope, and complexity during the time whicht the Worki is provided, andi ina a similar locality, unders similar circumstances ("Standard of Care"). Reasonable people may disagree onr matters involving professional) judgment and, accordingly, a difference of opinion on a question of professional, judgment will not excuse Client from paying for Work rendered. 6.2 Warranty for Materials. Int the event TRC procures Materials pursuant to this Agreement, TRC warrants to Client that the Materials willl be new and free of defects in workmanship ("Warranty"). 6.3 Remedies. IfTRC'Work failst tor meett the Standard of Care (Nonconforming Work"), orifany Materials fail tor meett the Warranty ("Defective Materials"), and if Clientp provides written notice to TRC ofs such failure no later than one (1)year after completion oft the Work ("Correction Period"), at TRC's option TRC will within ar reasonable time after receipt of written notice: (a) re-perform the Non-conforming Work; (b) repair or replace the Defective Materials; or (c) refund the amount of compensation paid to TRC for such Non- conforming Work and/or Defective Materials. Client will provide TRC accesst tot the Project Site so TRC can 6.4 Warranty/Limitation THE STANDARD OF CARE ISI NOTAWARRANTY OR GUARANTEE, AND TRC HAS NO SUCH OBLIGATION, EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL SERVICES. NOTHING IN THIS AGREEMENT WILL BE INTERPRETED TO REQUIRE TRC TO PERFORM  or failure ofr renewal of, any permit, license, or governmental authorization.  accordance with Article 15, Dispute Resolution. are caused by TRC's fault. ARTICLE5. CLIENT'S RESPONSIBILITIES  to use and rely on the completeness and accuracy ofa all suchl Information.  property.  caused byt the performance oft the Work. for TRC to perform its Work.  ARTICLE6. TRC'S OBLIGATIONS AND WARRANTY  perform its obligations under this Section 6.3.  020241 TRCJAIRIgns Reservedi PRL  AIA    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  PROFESSIONAL SERVICES TO ANY HIGHER STANDARD OR HAVE ANY OBLIGATION IN THE PERFORMANCE OF PROFESSIONAL SERVICES IN EXCESS OF WHAT IS REQUIRED BY THE STANDARD OF CARE, AND THIS SECTION WILL CONTROL OVER ANY CONTRARY PROVISION. OTHER THAN THE EXPRESS WARRANTIES CONTAINED HEREIN, TRC DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITYAND FTNESSFORAPARTCCULARPURPOSE, ANDALL WARRANTIES. ARISING FROMCOURSE OF DEALING OR USAGE INTRADE. SUBJECTTOTRCSLABILITYUNDER SECTION 9.2, CLIENT'S EXCLUSIVE REMEDIES AND TRC'S ONLY OBLIGATIONS ARISING OUT OF A CLAIM FOR NONCONFORMING WORK AND/OR DEFECTIVE MATERIALS FOLLOWING SUBSTANTIAL COMPLETION OF THE WORK' WILL BE THOSE STATED IN THIS ARTICLE6. 6.5 Licenses. TRC will obtain in TRC's name the known licenses, permits, or other approvals from any governmental agency or regulatory body that are necessary for TRC to perform the Work. 6.6 Resources. TRC will obtain all tools, equipment, materials, software, and licenses that are necessary for TRC 6.7 Employees. TRC will employ, discharge, pay, control, and directi its employees. TRC will employ only skilled 6.8 Inspections. If the Work includes inspections during or after construction based upon TRC-prepared drawings or specifications, nothwithstanding anything to the contrary herein, consistent with the Standard of Care, TRC will visit the Project Site at intervals appropriate to the state of the contractor's operations, or as specifically provided in TRC's Work, (1) to become generally familiar with and to keep Client informed about the progress and quality of the portion oft the construction work completed, (2)t to endeavor to guard Client against defects and deficiencies in the construction work, and (3) to determine in general if the construction work is being performed in a manner indicating that, when fully completed, will be in accordance with the applicable contract documents, but the sole responsibility for compliance with drawings and specifications will be with the entity performing the construction. TRC shall not have control of, nor be in charge of, nor shall be responsible for, the means, methods, techniques, sequences, procedures, construction, or safety precautions and programs in connection with any construction work, as these are solely the construction contractor's rights and responsibilities. Furthermore, TRC: shall not be responsible for the failure of Client, or any party under contract with Client, including, but not limited to, any architect, engineer, consultant, contractor, orsubcontractor, to carry outt their respective responsibilities in accordance 6.9 Communication. TRC will designate an authorized representative who will be responsible for communications and consultation with Client and who will have the authority to make decisions necessary for TRC to perform 7.1 Confidentiality Agreement. The Party receiving Confidential Information may include that Party's Representatives ("Recipient'). The term Representatives' means a Party's affiliates and their respective employees, agents, and advisors. Recipient is not permitted to reveal Confidential Information (defined in Section 7.2 below) to any third party without written consent from an authorized representative oft the Party disclosing the Confidential Information ("Discloser"). Notwithstanding the foregoing, Client acknowledges that TRC's review of Client's Confidential Information will inevitably enhance TRC's knowledge and understanding of Client's business in a way that cannot be separated from TRC's other knowledge, and Client agrees that this Agreement shall not restrict TRC in connection with the purchase, sale, or 7.2 Confidential Information. The term "Confidential Information" includes: (i) all non-public information, materials, or products developed pursuant to this Agreement; and (ii) information about a Party's or its Representatives' business affairs, employees, finances, services, intellectual property, trade secrets, and other sensitive, marketing, or proprietary information, whether disclosed orally or in written, electronic, or other form or media. Notwithstanding the foregoing, however, Confidential Information shall not include the following: (i) information which at the time of disclosure is or becomes publicly available other than as a result of a disclosure by an act or omission of Recipient; (ii) information which is or becomes available to Recipient on a nonconfidential basis from a source (other than from Discloser) which is not prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to Discloser; (ii) information which was already known to Recipient; or (iv) information which is independently developed by 7.3 Legal Obligation to Disclose. IfRecipient is required by applicable law, regulation, orl legal process to disclose any of the Confidential Information, Recipient will notify Discloser promptly so Discloser may () seek a protective order or other appropriate remedy, (ii) take action to assure confidential handling of such information, and/or (i)i ini its sole discretion, waive compliance with the terms ofthis Agreement. Int the event  top perform the Work.  professionals for Work requiring special qualifications.  with their legal and contractual obligations.  its Work. TRC will advise Client at regular intervals of the status of the Work.  ARTICLE7. CONFIDENTIALITY  consideration of, or decisions related to, other investments.  Recipient.  020247 TRCI ARights Reserved) PRL-24.0921- Princeton AIAN Water Proposal  9    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  suchp protective order or other remedy is not obtained, or Discloser waives compliance with the terms hereof, Recipient () may so disclose only that portion of the Confidential Information which itis legally required to disclose and shall, upon request, reasonably assist Discloser with Discloser's efforts to obtain reliable assurance that confidential treatment will be afforded such Confidential Information, and () shall not be liable for such disclosure. Notwithstanding the foregoing, Client acknowledges that one or more of TRC's affiliates is a registered investment adviser and that TRC may be subject to routine examinations, investigations, regulatory sweeps, or other regulatory inquiries by applicable regulatory and self-regulatory authorities. Client agrees that TRC may make such disclosures as may be requested by any such authority (or examiner thereof) and will not be required to comply with the process described in this paragraph; provided that if the request by such authority (or examiner thereof) is specifically targeted at Client, TRC willr notify Client (to the extent not prohibited by such authority or examiner or by applicable rule, regulation, 7.4 Remedy. Each Party agrees the actual ort threatened disclosure or use of any Confidential Information, other than as permitted under this Agreement, will cause irreparable harm to Discloser, and Discloser will be entitled, without prejudice or limit to any other remedy, to obtain injunctive relief to prevent such 7.5 Communications with Third Parties. To the extent the Work requires TRC to communicate with any third party including, but notl limited to, owners of the Project Site or other locations, former employees, current employees, or government authorities, TRC shall so inform Client. For all such communications, Client releases TRC from claims ofbreach of confidentiality, waiver of privilege, or otherwise associated with any 8.1 Required Insurance Coverage. TRC will obtain and maintain insurance of the types and amounts set forth herein. Thei insurance will be in effect before Work commences, and will remain in effect until completion of the Work. TRC will require any subcontractors to obtain and maintain coverages appropriate to their scope (a) Worker's Compensation Insurance and Employer's Liability Insurance as required by the law of the state in which the Project is located, but Employer's Liability coverage will be int the amount (c) Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident; (d) Commercial General Liability Insurance ini the amount of $1,000,000 each occurrence, $2,000,000 (€) Professional Liability Insurance in the amount of $1,000,000 each claim and $2,000,000 annual 8.2 Certificates ofl Insurance. Prior to commencing Work, TRC will furnish Client with certificate(s) of insurance evidencing compliance with the insurance requirements herein. Renewal certificates will be provided to Client upon the expiration of any required insurance policies. No policy will be cancelled or not renewed (a) "TRC Group" means TRC and its subcontractors of all tiers, and each oft their parent, subsidiary, and (b) "Client Group" means Client and its parent, subsidiary, and affiliated companies, and all their (c) "Losses" means any and all damages, costs, or expenses, including, but not limited to, reasonable (a) TRC WILLI INDEMNIFY ANDI HOLDH HARMLESS CLIENT GROUPFROMANY ANDALLLOSSES ARISING OUTOF CLAIMS TO THE EXTENT SUCH CLAIMS ARE CAUSED BY TRC's NEGLIGENT ACTS, ERRORS, OR OMISSIONS IN THE (b) WITH THE EXCEPTION OF CLAIMS ARISING UNDER SECTION 9.2(a), TRC WILL INDEMNIFY. AND HOLD HARMLESS CLIENT GROUP FROM LOSSES, AND WILL DEFEND CLIENT GROUP FROM CLAIMS, DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO THE EXTENT SUCH BODILYINJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE ORI INTENTIONAL MISCONDUCT OF TRC IN THE PERFORMANCE OFI ITS 9.3 CLIENT's INDEMNITY OBLIGATIONS. CLIENT WILL INDEMNIFY AND HOLD HARMLESS TRC GROUP FROM LOSSES ARISING OUT OF CLAIMS DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO THE EXTENT SUCH  or law) as promptly as practicable following such request.  unauthorized use or disclosure.  such communications. ARTICLE8. INSURANCE  ofv work. TRC will have the following insurance coverage:  of$1,000,000 each accident; general aggregate, and aggregate.  $2,000,000 products-completed operations aggregate; and,  without thirty (30) days' prior written notice to Client.  ARTICLE9. INDEMNITY 9.1 Definitions.  affiliated companies, and all their officers, directors, and employees. attorneys' fees, expert fees, and expenses and costs of litigation. (d) "Claims" means all third party claims, lawsuits, demands, or actions. PERFORMANCE OFI ITS PROFESSIONAL SERVICES UNDER THIS AGREEMENT.  officers, directors, and employees.  9.2 TRC'sINDEMNITY OBLIGATIONS.  WORK.  2024 RCI AIIF Rights  PRL 0921 Pri ino AIA  10    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE OR MISCONDUCTOF CLIENTI INT THEF PERFORMANCE OF THIS ACMEMEEACATOALYAONITSTAONCANTING TO THE CONTRARY HEREIN, IN THE EVENT TRC PERFORMS INTRUSIVE GROUND EXPLORATIONS OR INVESTIGATIONS, INCLUDING BUT NOT LIMITED TO, EXCAVATION, DRILLING, BORING, OR PROBING ("SUBSURFACE INVESTIGATION"). AS PART OF THE WORK, CLIENT WILL INDEMNIFY TRC GROUP FROM AND AGAINST RESULTING FROM, OR ARISING OUT OF, CLAIMS FOR DAMAGES TO SUBSURFACE OR UNDERGROUND UTILITIES OR STRUCTURES, INCLUDING BUT NOT LIMITED TO, GAS, TELEPHONE, ELECTRIC, WATER, OR SEWER UTILITIES, WHOSE LOCATIONS WERE NOT DESIGNATED ORI IDENTIFIED TO TRC PRIOR TO THE COMMENCEMENT OF ANY SUBSURFACE 9.4 RISK OF Loss TO THE WORK. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IT IS UNDERSTOOD ANDA AGREED1 THAT CLIENT BEARS ALL RISK OF LOSS OF ORI DAMAGE TO1 THE WORK AND THE SUBJECTOF1 THE WORKI INCLUDING ALLI MATERIALS ANDE EQUIPMENT TOE BEI INCORPORATED THEREIN, AND CLIENT HEREBY RELEASES ANDS SHALL DEFEND, INDEMNIFY, ANDI HOLD TRC GROUP HARMLESS FROM ANY SUCH LOSS OR 9.5 CONDITIONS PRECEDENT. EACH PARTY AGREES THATASA CONDITION PRECEDENT TOITS OBLIGATIONS TOI INDEMNIFY ANDI HOLD HARMLESS, THE INDEMNIFIEDI PARTY MUST GIVE PROMPT WRITTENI NOTICE TOT THE INDEMNIFYING PARTY OF ANY CLAIM COVERED BY ARTICLES9C OR 10, OR ANY OTHERI INDEMNIFICATION CLAUSE IN THIS AGREEMENT. As AN ADDITIONAL CONDITION PRECEDENT, FOR ANY CLAIM OTHER THAN A CLAIM ARISING OUT OF TRC's ALLEGED PROFESSIONAL NEGLIGENCE, THE INDEMNIFIED PARTY MUST ALLOW THE INDEMNIFYING PARTY TO REPRESENT THE INTERESTS OFE EVERYI INDEMNITEE IND DEFENDING ANDS SETTLING: SUCH CLAIM. INT THE EVENT ANYI INDEMNITEE FAILSOR REFUSES TOT TENDER THE DEFENSE OF ANY SUCH CLAIM TO1 THEI INDEMNIFYING PARTY,SUCH PARIV/SDEFENSE,MOLD HARMLESS, AND INDEMNITY OBLIGATIONS RELATED TO THAT CLAIM WILL BE NULL AND VOID. 9.6 APPORTIONMENT OF ATTORNEYS' FEES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AFTER RESOLUTION OF A CLAIM UNDER ARTICLES! 9 OR 10, OR ANY OTHER PROVISION HEREIN PROVIDINGI FOR ONE PARTY TOF PROVIDE AD DEFENSE, IF THE NEGLIGENCE OR OTHERI LEGAL FAULTOF ANY INDEMNITEE IS DETERMINED EITHERE BY MUTUAL AGREEMENT OF THE PARTIES, OR BY FINAL ADJUDICATION, TOH HAVE BEENA A CONTRIBUTING CAUSE OF THE LOSSES RELATED TO SUCH CLAIM, THEN THE INDEMNIFIED PARTY MUST REIMBURSE THE DEFENDING PARTY FORTHE COSTS, ATTORNEYS' FEES, OTHER LEGAL EXPENSES, AND EXPERT FEES EXPENDED FOR DEFENSE IN THE SAME 10.1 Pre-existing Conditions. Client and TRC acknowledge that, priort tot the start oft this Agreement, TRC has not generated, handled, stored, treated, transported, disposed of, ori in any way taken responsibility for any toxic or hazardous substance, including any contaminated soils, wastes, or substances, as defined byl law ("Hazardous Substances") at the Project Site. Any Hazardous Substances originating with or generated by Client, or any pre-existing Hazardous Substances which are in, on, under, or migrating from the Project Site, or any Hazardous Substances introduced to the Project Site by any party other than TRC Group (collectively, Non-TRC Hazardous Substances), shall, as between TRC and Client, remain the sole and exclusive property of Client, it being the intention oft the Parties that Client be solely responsible for such Non-TRC Hazardous Substances and shall be regarded as the owner and generator of all such Non-TRC Hazardous Substances for the purposes oft this Agreement: and all Work performed hereunder. 10.2 Hazardous Substances Encountered During the Work; Disposition of Samples. Client recognizes that, when itisk known, assumed, ors suspected that Hazardous Substances exist on orb beneath the surface oft thes site of thel Work, orv within any structure thereon, certain sampling materials such as drill cuttings and drill fluids or asbestos removed for sampling, should be handled as if hazardous or contaminated. Accordingly, when TRC encounters Hazardous Substances during pertormance of the Work, such as when sampling is included in the scope of Work, and when determined by TRC in its sole and exclusive judgment to be necessary based on TRC's assessment ofthe degree ofcontamination, hazard, and risk, TRC will: promptly inform Client that containerization and labeling will be performed; appropriately contain and label such materials; and leavet the containers ont the Project Site for proper, lawfulr removal, transport, and disposal by Client. All samples of soil, groundwater, waste, rock, or other materials collected from the Project Site will remain the property of Client and will be returned to Client by TRC within thirty (30) days after submission of TRC's report, unless applicable law requires the retention or other disposition of such samples. All costs associated with the disposition or returning of samples will be charged to Client. TRC will not sign any hazardous waste manifests or bills of lading, and all such manifests and generator numbers willl be in the name of, and signed by, Client. Nothing contained in this Agreement will be construed ori interpreted as requiring TRC, itso officers, agents, servants, ore employees toa assumet thes status ofag generator, storer, treater, transporter, or disposer of hazardous substances, or an arranger for disposal of hazardous substances, or  LOSSES INVESTIGATION. THE FACILITIES WHICHA ARE  DAMAGE, HOWEVER: SUCH LOSS ORI DAMAGE SHALL OCCUR.  PROPORTION/ AS THE INDEMNITEES' PROPORTION OFI NEGLIGENCE OR OTHER LEGAL FAULT.  ARTICLE 10. HAZARDOUS SUBSTANCES AND POLLUTION  2024 RCI All Rights Reservedi PRL 24.0921 Princeton AIA Water Proposal  11    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  ac disposal facility ast thoset terms appear within the Resource Conservation Recovery: Act, 42USCA, Section 6901, et seq. (RCRA), or within any state statute of similar effect governing the treatment, storage, 10.3 TRCI INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION. To THE FULLEST EXTENT PERMITTED BY LAW, TRC SHALL ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS, ALL MEMBERS OF CLIENT GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF ORF RELATING TO ANY HAZARDOUS SUBSTANCES BROUGHT TO OR RELEASED/ AT THE PROJECTSITE 10.4 CLIENT INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION. To THE FULLEST EXTENT PERMITTED BY LAW, CLIENT SHALL RELEASE, DEFEND, INDEMNIFY, ANDI HOLD TRC GROUP HARMLESS FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TOT THE PRESENCE ATTHE PROJECT SITE OF NON-TRC HAZARDOUS SUBSTANCES. CLIENT SHALL ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS ALL MEMBERS OF TRC GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO, ANY NON-TRC HAZARDOUS SUBSTANCES DISCOVERED AT, BROUGHT TO, OR RELEASED AT THE PROJECT SITE, OR LEFT ON THE PROJECT SITE AFTER CONTAINERIZATION: BY TRC. 11.1 Client's Separate Contractors. The Parties expressly acknowledge and agree that unless otherwise expressly provided for in the Proposal, during the performance of the Work TRC shall not (a) supervise, direct or control Client's other contractors or subcontractors at any tier; (b) have authority over or responsibility for the means, methods, techniques or sequences of work performed by such other contractors or subcontractors; (c) be responsible forj job site safety ore enforcement off federal, state, local or other safety requirements in connection with the work performed by such other contractors or subcontractors; (d) be responsible for inspecting equipment or tools used by such other contractors or subcontractors; (e) be liable for any failure of such other contractors or subcontractors to comply with applicable laws, rules, regulations, ordinances, codes, permit stipulations, or orders; or () be liable for the acts or omissions ofsuch other contractors ors subcontractors including their failure to perform in accordance 11.2 Mutual Waiver of Consequential Damages. Notwithstanding: anything tot the contrary int this Agreement, TRC and Client waive any and all claims against each other, and under no circumstances shall either Party be liable to the other, for incidental, consequential, special, multiple, and punitive damages arising out of or relating tot this Agreement, regardless of whether such damages were foreseeable and whether or not the culpable Party was advised of the possibility of such damages, and regardless of whether al Party's claim against the other Party is based in contract (including contract termination), indemnity, warranty, tort (including negligence), strict liability or otherwise. This mutual waiver includes, but is not limited to, rental expenses, loss of use, loss of production, loss ofi income, loss of profit (except profit arising directly from 11.3 Limitation ofLiability. Tot the fulleste extent permitted by law, the total liability in the aggregate of TRC andi its employees, subcontractors, or suppliers to Client and anyone claiming by, through or under Client, on all claims ofa anyl kind arising out ofo orin any way relatedt to TRC'sWork, from any cause or causes whatsoever, including, but not limited to, negligence, errors, omissions, strict liability, indemnity, or breach of contract, will not exceed the compensation received by TRC under this Agreement. All such liability will terminate upon the expiration oft the Correction Periods specifiedi in Section 6.3.THIS SECTION SETS FORTHTRC'S SOLE LIABILITY AND ENTIRE OBLIGATION. AND CLIENT'S EXCLUSIVE REMEDY FOR ANY ACTION 12.1 Ownership of Deliverables All Deliverables are instruments of service in respect of the Project, and, if delivered to Client during the term of this Agreement, will become the property of Client upon payment therefor. Notwithstanding the foregoing, Client's ownership of the Deliverables will not include any ownership interest in TRC's preexisting information including, but not limited to, computer programs, software, patents, patents pending, standard details, templates, figures or specifications, or TRC's seal, stamp, or certification. Furthermore, Client understands and agrees that TRC is a developer of computer software and that TRC may use its own propnetary software, as well as others properly licensed to TRC, in the performance oft the Work, and may develop other proprietary software during the course ofp performing the Work, which may include preliminary database formats and spreadsheets as well as programming procedures and code. Client understands and agrees that alls such programs, efforts, and materials are and will bet the exclusive property of TRC (and/or third parties). Additionally, except fori the Deliverables, all field data and notes, laboratory test data, calculations, estimates, and other documents prepared by TRC will 12.2 Use of Deliverables Any Deliverable will be prepared solely for use of Client for this Project. The Deliverables  transportation or disposal of waste.  BY TRC GROUP.  ARTICLE11. ALLOCATION OF RISK  with their contractual responsibilities.  the Work), loss off financing, loss of business, and loss of reputation.  BROUGHT AGAINST TRC IN RELATION TO THIS AGREEMENT.  ARTICLE12. DELIVERABLES  remain the property of TRC.  2024 TRCI AlRights Reserved! PRL  AIA  12    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  are not intended or represented to be suitable to be reused by Client, or used or relied upon by others outside of Client or on extensions of the Project or on any other project. In the event Client, its employees, permitted assigns, successors, consultants, or contractors subsequently reproduces or otherwise uses the Deliverables or creates a derivative work based upon the Deliverables, unless prohibited by law, Client must remove or completely obliterate the original professional seals, trademarks, logos, and other indications on said Deliverables of the identity of TRC, its employees, and sub-consultants. TRC will be entitled to equitable compensation in connection with documenting any consent for Client or third parties to rely on the Deliverables for any purpose other than the purpose for which TRC prepared them. 12.3 Unauthorized Use of Deliverables. Client is prohibited from providing examples of TRC's Work to any individual or entity known by, or that reasonably should be known by, Client to be a competitor of TRC for the purpose of reducing or eliminating the Work associated with this Agreement. Furthermore, Client is prohibited from providing any statisticals sampling information on assessment issues, including but notl limited to statistical sampling information on production rates, remedy rates, numbers of pole change outs, types ofv violations, etc., that is provided to Client by TRC, all of which must be treated by Client as Confidential Information. Int the eventa any! Deliverables are utilized or disclosed by Clienti in any manner outside the scope of, orp prohibited by, this Agreement, TRC reserves the right to notify directly any third party oft the limitations ofi its unauthorized use of the Deliverables. Client expressly acknowledges that this reservation by TRC is necessary to protect and preserve TRC's professional reputation with respect toi its work product. 13.1 Client's Safety Requirements Client must inform TRC of any written safety procedures and regulations applicable to the Project Site known to Client, as well as any special safety concerns or dangerous conditions at the Project Site. TRC and its employees will adhere to the written safety procedures and 13.2 Project Site Safety. TRC commits to providing a safe and healthy work environment for its personnel and will require the same of its subcontractors. TRC shall be responsible for the health and safety of its employees and be responsible for its activities, and shall at all times conduct its operations under this Agreement in a manner to avoid risk of endangerment to the health and safety of persons and property. Unless expressly included in the scope of Work, TRC will not have any responsibility for overall job safety fort the Project or att the Project Site. IfTRC determines thati its field personnel are unable to access required locations or perform required Work in conformance with applicable safety standards, TRC may suspend performance until its personnel can safely perform their work. TRC will promptly provide Client with written notice of the location and nature of the unsafe conditions. If Client fails to provide safe access within a reasonable time, TRC may terminate or suspend its performance in accordance with Article 14. 13.3 Reporting of Incidents. In the event TRCi is involved in any loss, injury, or damage on Client's premises, or ifs such injury, loss or damage involves property, equipment, or personnel of Client, or if such accident involves any third party in any manner whatsoever while TRC is performing any duties within the scope of this Agreement, TRC will promptly report suchi injury, loss, or damage to the attention of Client's designated representative. Ifthe matter involves loss ofl life, serious injury, or substantial property loss or damage, this report will be made by telephone call, followedi immediately by a reporti in writing sent via email. Ifthe matter is ofal less serious nature, notification may be made by email or by letter posted in regular United States mail. All injuries, loss or damage must be reported. The reporting of any such matter will not imply any 14.1 Termination for Default. Int the event ofar material breach oft this Agreement by either Party, the nonbreaching Party may give written notice to the breaching Party of the nature of the default and demand for cure. If the breaching Party fails to cure or materially commence to cure withint ten (10) calendar days from receipt of the default notice, the non-breaching Party may provide a written notice of termination of the Agreement 14.2 Termination or Suspension for Convenience. Either Party mayt terminate ors suspend this Agreement, in whole or in part, by providing written notice to the other Party at least thirty (30) days prior to the effective date of 14.3 Termination for Insolvency. Either Party has the right to immediately terminate the Agreement, by providing written notice to the other Party, in the event that (a) the other Party becomes insolvent, enters into receivership, ist the subject ofav voluntary ori involuntary bankruptcy proceeding, or makes an assignment for the benefit of creditors; or (b) a substantial part of the other Party's property becomes subject to any levy, 14.4 Payments Due Post-Termination. TRC will be entitled to receive payment for all Work performed prior to the effective date of the suspension or termination, plus all reasonable costs associated with the suspension or termination, including, but not limited to, demobilization costs, re-stocking fees, cancellation fees, and costs  ARTICLE 13. SAFETY  regulations provided by Client.  admission ofl liability on the part ofTRC. ARTICLE 14. TERMINATION AND SUSPENSION  to the breaching Party. termination.  seizure, assignment or sale for or by any creditor or government agency.  2024  Rights Reservedi PRL- 24.0921 Princeton AIAS Water Proposal  13    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  incurred with respect to non-cancellable commitments. If the suspension or termination is the result of TRC's breach, prior top paying TRC Client will be entitled to offset its reasonable, direct, documented losses to the extent caused by TRC's breach. Ift the suspension or termination is the result of Client's breach, in addition to all other compensation to which TRC is entitled, TRC will be entitled to receive payment for its 15.1 Negotiation by Executives. The Parties will attempti in good faitht to resolve any dispute, controversy, or claim arising out of or relating to the Project or the Agreement or the breach thereof ("Dispute") promptly by negotiation. When either Party determines it has exhausted its efforts to resolve a Dispute at the Project level, that Party may provide written notice to the other Party of the Dispute. Within fifteen (15) days after the date ofsuch notice, executives ofboth Parties who have authority to agreet to a settlement oft the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement will meet atar mutually acceptable time and place (or, otherwise, at the Project Site), and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. All negotiations pursuant to this subsection are confidential and will be treated as compromise and settlement negotiations for purposes of applicable rules ofe evidence. Ifthe Parties do not resolve the Dispute within sixty (60) days ofa Party notifying the other of the Dispute, unless extended by mutual agreement, either Party may 15.2 Governing Law. Jurisdiction, Venue. Unless otherwise required by law, this Agreement, and any act or transactions to which it willa apply, orv which are contemplated hereby or hereunder, will be governed by, and construed and interpreted in accordance with, the laws oft the State of Connecticut without regard to choice oflaw or conflicts oflaw principles. This choice oflaw expresslyi includes the applicable statutes ofl limitation. 15.3 Prevailing Party. Int the event of any binding dispute resolution proceeding, declaratory or otherwise, brought bya Party arising out of or relating to this Agreement, including but not limited to any breach or default of the Agreement, the prevailing Party will be entitled to recover from the other Party any and all expenses of litigation, court costs, expert and consultant fees, employee time and expenses, and reasonable attorneys' and other legal fees associated with such proceedings (collectively, "Litigation Expenses"), accruing as of commencement of the proceeding and including execution and collection of any award or judgment. Notwithstanding the foregoing, ifa written offer of compromise is made by either Party that is not accepted by the other Party within thirty (30) days after receipt and the Party not accepting such offer fails to obtain ar more favorable judgment or award, the non-accepting Party will not be entitled to recover its Litigation Expenses (evenifitis the prevailing Party)a and will be obligated top pay the Litigation Expenses of the offering 16.1 Independent Contractor and Waiver of Benefits. TRC is an independent contractor and will not be regarded as an employee or agent of Client. TRC agrees that it will not receive, and is not eligible to participate in, any employee benefit plan, insurance program, disability plan, medical benefits plan, or any other fringe benefit program sponsored and maintained by Client for its regular active employees, and TRC hereby 16.2 Compliance with Laws. TRC will observe all applicable provisions of the federal, state, and local laws and 16.3 Severability. Ifany term, covenant, condition, orp provision oft this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement will remain in full force 16.4 Waiver. No waiver of any provision of this Agreement, or consent to any departure therefrom, shall be effective unless in writing and signed by the waiving Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No failure or delay on the part of any Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shalla any single orp partial exercise ofany such right, power or remedy preclude any other orf further exercise 16.5 Assignment. Neither Party willa assign ort transfer this Agreement without the prior written consent of the other Party. Moreover, as a condition of any such written consent, such assignment will be subject to the terms and conditions herein and no greater rights or remedies will be available to the assignee. Int the event ofan assignment by Client, Client will provide TRC with the information necessary for notices and invoicing (as applicable) prior to the effective date of the assignment. Client hereby agrees that TRC may subcontract and/or assign some or all of the Work to one or more ofi its corporate affiliates to the extent necessary to provide sufficient staffing and/ort to comply with applicable insurance or professional licensing requirements. 16.6 Captions. The captions oft the articles and sections in this Agreement are intended solely for the convenience  reasonable, direct, documented losses to the extent caused by Client's breach.  ARTICLE 15. DISPUTE RESOLUTION  commence litigation.  Venue for all actions under the Agreement will be in Hartford, Connecticut.  Party.  ARTICLE 16. MISCELLANEOUS  waives any rights or claims related thereto.  regulations, including those relating to equal opportunity employment. and effect, and will in no way be affected, impaired, or invalidated thereby.  thereof or the exercise of any other right, power or remedy hereunder.  02024 TRCI ARights Reservedi PRL 24.0921  14    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  of reference and will not define, limit, or affecti in any' way the provisions, terms, and conditions hereof or 16.7 Integration. This Agreement represents the entire understanding and agreement between the Parties and supersedes any and all prior or contemporaneous agreements, whether written or oral, and may be 16.8 Amendments. This Agreement may be modified only by a Change Order or an amendment executed in 16.9 No Third-Party Beneficiaries. Except as otherwise specifically provided for herein, this Agreement shall not be construed to confer any benefit on anyt third party nota a Party tot this Agreement, nor shall itp provide any rights to such third party to enforce its provisions. Notwithstanding the foregoing, all liability-limiting provisions oft this Agreement shall extend and inuret tot the benefit ofa all members of TRC. 16.10 Signatures. The Proposal, any amendment to these Terms and Conditions, and any Change Order may be executed in counterparts, each ofwhich willl be deemed an original, and all ofwhich togetherv willl be deemed to be one and the same instrument. A copy of the Proposal and any subsequent modifications signed electronically and/or delivered by e-mail or other means ofe electronic transmission will be deemed to have the same legale effecta as delivery ofar manually signed original. Each persone executing the Proposal warrants that he/she is authorized to do sO on behalf of the Party for whom he/she signs the Proposal. 16.11 Notices. Any notice permitted to be given by email shall be sent to the below representative. Any other notice required tol be given pursuant tot this Agreement mustb bei in writing and sent by overnight delivery via USPS ora ar nationally recognized courier and delivered to the address set forth int the first paragraph above  their nterpretation.  amended or modified only by a written amendment signed by both Parties. writing by a duly authorized representative for each Party.  tot the attention oft ther representative below: Ifto TRC, sendt tot the attention of: the person signingt the Proposal Ifto Client, sendt tot the attention of: the recipient oft the Proposal  Any notice so given will be deemed effective upon receipt. Either Party may change its representative or  address effective ten (10) days after written notice thereoft tot the other Party. 16.12 Remittance Information. TRC remittance information for making payments is as follows:  U.S. Postal Service: TRC Lockbox PO Box 536282 Pittsburgh, PA 15253-5904 Overnight Packages: TRC Lockbox Attn: 536282 307 3rd Street Extension, Suite 950 Pittsburgh, PA 15215 877-550-5933 Beneficiary Account Name: Beneficiary Account Number: Bank Codes:  Wire Instructions (PREFERRED METHOD OF PAYMENT)  TRC Companies, Inc. - Concentration 2232037090 011500120 (Wires only) 211170114 (ACH only) CIZIUS33 Citizens Bank Remo@rcoenscn Dawn Dostie 207-660-7222  ABA Number: Routing Number: Swift Code: Bank Name:  Remittance Detail Email: TRC Contact: Contact Phone Number:  02024TRCI AF Rights Reservedi PRL- 24.0921  AIAN Water Proposal  15    Stacy Johnson, Mayor Water System AIA Princeton, NC  TRC  Attachment 3 BILLING AND EQUIPMENT RATES  Senior Engineer Project Managerl Project Manager II Project Manager III Project Geologist Community Resource Specialist Staff Engineer Engineerl Engineer II Engineer III Engineer IV Technician Survey Team Leader Senior Project Surveyor Survey Technician Survey Crew (2 Person) Mileage  $180 $160 $185 $205 $150 $160 $90 $125 $130 $140 $160 $80 $185 $135 $80 $165 $0.75/mile  020241 TRCI ARights  16    TRC September 21, 2024 Stacy Johnson Mayor Town of Princeton 503 Doctor Donnie H. Jones Jr Blvd W Princeton, NC 27569  114 Edinburgh 5. Drive, Ste. 200 T919.8270864  Cary. NC 27511  TRCcompanies.com  RE: Proposal for Professional Services Town of Princeton TRC Proposal No. 625131 Dear Mayor Johnson: project. I.  Sewer System Asset Inventory and Assessment  On behalf of TRC thank you for the opportunity to present out proposal to the Town of Princeton (Town) for Professional Engineering services for the Sewer System Asset Inventory and Assessment (AIA)  BACKGROUND  The Town of Princeton operates a wastewater collection and treatment system that consists of many miles of gravity sewer and force main pipe, several pump stations, and a wastewater treatment plant rated at 0.275 MGD. While the Town is pursuing an upgrade to its existing wastewater treatment plant, the existing plant and the remaining wastewater system assets are in need of detailed analysis and documentation to review system asset criticality and condition. The Town has also requested services to address the need for updated mapping and a database of assets and potential operational challenges in the wastewater system. This project will help to prioritize capital investments on the most critically  impacted areas of the sewer system.  II.  SCOPE OF WORK  Services to be provided by TRC under this task order will include the following:  Task A. Analysis of Collection System Records  Review existing sewer system mapping and permitting.  Review existing material and collection system age to determine likely candidates for Assemble an updated base map as basis for GPS location of manholes, pumps, and Find and set GPS location for each sewer collection system manhole and individual Note existing system components and provide visible condition assessment of manholes.  high inflow andi infiltration. other major appurtenances.  Task B. Manhole Locating and Inspection  sewer pump (such as those at Eagle's Crest).  Provide relevant photos.  Task C. Pump Station Analysis  Visually review existing pump station infrastructure and components. Review existing data on pump stations, including as-built drawings, manufacturer data,  age of components, etc.  Review service area of existing pump stations.  02024TRCI AMRights Reserved PRL- 240921 Princeton AIA Sewer Proposal  1    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  Perform drawdown tests in field to compare design flows with existing pump flows. Note any deficiencies found at each pump station to utilize data for recommendations within Asset Management Plan and Capital Improvement Plan. Perform analysis and visual inspection of remaining system assets, including wastewater Provide condition assessment of all major wastewater treatment components in conjunction with ongoing WWTP expansion design, which will be incorporated in AMP to Perform Financial Analysis and Risk-Based Assessment for sewer system deficiencies  Task D. Asset Management Plan (AMP)  treatment plant. the extent possible. and needs  Provide general guidelines for operation of key assets. Provide size, type, and total length of sewer lines.  Task E. Rate Study  Evaluate proposed capital improvements and how rates would be affected. Review existing expenses and revenues, project over the next 5y years. Make general recommendation for ifa rate increase is needed, and if so to what extent. Review of report content and meet with staff to address concerns and needs. Review past and present budgets to determine funding capabilities and needs. Determine a cost of repairs needed to make system viable and determine how repairs Prioritize capital investments for critically impacted areas of the system. Consolidate findings of CIP, Rate Study, Water Model, Asset Management Plan, and other work and data into a summarized Asset Inventory Assessment. Provide full support in administering funds from NC DEQ, including providing requested updates, ensuring documentation requirements are fulfilled, and any other work which is required to satisfy funding conditions that are noti included in the remaining tasks. Coordinate meetings, signatures, submittals, etc. requested by NC DEQ to satisfy  Task E. Capital Improvement Plan (CIP)  will generate funds through lower treatment costs. Generate final 10-year CIP document.  Task G. AIA Summary Report Task H. Funding Administration  funding requirements.  III. SUBMITTALS  TRC will provide the following deliverables, all in electronic format:  Revised map of sewer system Rate Study Asset Management Plan Capital Improvement Plan AIA Report/S Summary  020247 TRCIAIF Rights Reservedl PRL  AIA Proposal  2    Stacy Johnson, Mayor Sewer System AIA Princeton, NC IV. FEES  TRC  The proposed fees for the above-described services are on a Lump Sum basis. Fees will be billed monthly based on our efforts completed at the close of the respective billing period. We will provide a written progress report outlining the status of the project, outstanding issues, items needed, further coordination, or other items of interest to keep the project team informed of progress toward completion.  Task A- - Analysis of Collection System Records Task B - Manhole Locating and Inspection. Task C-Pump Station Analysis. Task D-Asset Management Plan Task E - Rate Study.  $35,000 $20,000 $20,000 $25,000 $20,000 $10,000 $10,000 $10,000 $150,000  Task F. - Capital Improvement Plan (CIP). Task G - AIA Summary Report Task H -Funding Administration. Total Lump Sum. SCHEDULE  V.  TRC is prepared to commence with the above-described tasks immediately upon receipt of Authorization to Proceed (ATP). A detailed schedule of milestones and deliverables will be developed in conjunction  with the Town of Princeton upon receipt of the ATP. VI. ASSUMPTIONS AND LIMITATIONS  Additional services, ifr required, will be provided by TRC on an hourly basis or a negotiated lump sum fee. A written scope of services and fee proposal will be submitted to the Town of Princeton for review and consideration prior to commencement of any requested additional services. The parties agree that the proposed scope of services may change based on meetings and consultation with the Town of Princeton or others. The parties agree that should the scope of services change, TRC will provide the Town of Princeton with a revised proposal or an addendum to this agreement for any such changes and associated costs to be paid by the Town of Reimbursable/direct expenses such as copying, printing, mileage, and mailing are included in the The Town will provide requested data, documents, and signatures in ai timely manner. Every attempt to locate manholes and other appurtenances of the sewer system will be made; however, buried, paved-over, and otherwise unlocatable items may be omitted in the map unless  Princeton. above fees.  Hard copies of deliverables can be provided upon request.  uncovered by the Town or a third party.  02024TRCIAIRgNS Reserved) PRL 24.0921 Princeton AIAS Sewer Proposal  3    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  On behalf of TRC, thank you for giving us the opportunity to provide our proposal for Professional Engineering services. Ifthis proposal meets with your approval, please sign the Authorization to Proceed below and return it to us. Please keep a copy of the proposal for you records. Should you have questions regarding this proposal, contact Ethan Gartin at (919) 582-7269 or via email at amnelRCemenescn We look forward to working with you on this project.  Sincerely,  fhhis  Prepared by: Ethan Gartin, PE Team Lead Utilities Attachments:  A5  Reviewed and Approved by: C. Tyrus Clayton, Jr., PE Director- = NC Site Development & Civil  Attachment 1 - Work Authorization Attachment 2 - TRC Terms and Conditions Attachment 3 - TRC Billing and Equipment Rates  02024TRCI ARignts Reservedi PRL 24.0921 Prnceton AIA Proposal    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  Attachment 1 Work Authorization  Acceptance of TRC Proposal - Princeton Sewer System AIA  Attention: Ethan Gartin, PE Acceptance  Authorization for TRC to commence work included in the above-referenced Proposal constitutes acceptance of this Agreement. TRC will begin project preparations upon receipt of the completed form below. Ifa purchase order is required for our invoice to be processed, that purchase order must be received in order for our team to mobilize. Acceptance is limited to the terms stated herein, and any additional or different terms are rejected unless expressly agreed to in writing by TRC.  Approved and accepted as of the date shown below:  Town of Princeton  By:  Signature  Printed Name  Title  Date  02024 TRCI AllRights Reservedi PRL 24.0921  AIA Sewer Proposal  5    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  Attachment 2  TRC PROPOSAL TERMS AND CONDITIONS  These Terms and Conditions are incorporated into the proposal to which these Terms and Conditions are attached (the" Proposal"). The term "TRC" herein shall mean thee entity submitting the proposal. Thet term Client" herein ARTICLE 1. WORK, AGREEMENT DOCUMENTS, AND PROJECT INFORMATION 1.1 Work. Deliverables. Materials. TRC will perform the consulting, engineering, andlor other professional services (the "Work"), provide the work product, such as drawings, plans, specifications, reports, or other information Deliverables"), and/or procure the materials andlor equipment Materials"), as set forth in 1.2 Agreement Documents. These Terms and Conditions, together with the Proposal, form the Agreement pursual to which TRC will perform. If Client issues a purchase order or similar document authorizing the Work ("Client Authorization"), any pre-printed termsi included in any Client Authorization shall be ofr no effect 1.3 Interpretation. In the event of any conflict or inconsistency between or among any of the Agreement Documents, these Terms and Conditions shall take precedence, followed by the Proposal, unless expressly stated otherwise herein or in the Proposal. In the event ofa any conflict ori inconsistency between or among the terms or conditions established in a Change Order or amendment and the Agreement, the terms of such Change Order or amendment will take precedence over those of the Agreement. No other terms or 1.4 Defined Terms. Some capitalized terms used in the Agreement may be defined in the Proposal. Any term defined in the Proposal will have the same meaning throughout the Agreement, and any term defined in 2.2 Invoicing. TRC willl bill fori its Work, and Client shall compensate TRC, as provided in the Proposal. TRC will: submit monthly invoices for Work rendered and expenses incurred int the prior month. (a) Time and Expense. Any Workp performed on a time and expense or time and materials basis will be (i) Rates shall be as set forth int the Proposal. Rates are: subject toi increase on an annual basis. (ii). TRC will keep accurate and daily records ofa alll labor, equipment, and materials furnished. TRC will summarize daily records on a weekly and/or monthly basis and will submit for review Project Expenses. Expenses reasonably incurred in connection with the Work will be invoiced at 6% of Labor (includes in-house reproduction, office materials, elecommunications, standard software, postage, computer expenses, and field Insurance. A charge of 2% will be applied to all invoiced amounts for the cost of TRC's Subcontractors. A fee of 10% will be added to the invoice cost of subcontracts managed Client Requested Expenses. Outside: services such as, but not limited to, outside reprographic services, materials, and equipment, willl be invoiced at cost plus 10%. Mileage. Personal automobile travel from portal top portal or between locations will be Travel Expenses. Airfare, car rental, taxi, parking, tolls, andi incidental expenses willl be invoiced at cost plus 10%, with receipts provided for anye expense over $25.00. Lodging and Meals. Lodging and meals will be charged either: at cost plus 10%, with receipts provided for any expense over $25.00, or on a per diem basis, using the GSA per diem rates found here: tps/www.gsagowtrawelpan-pooper. diem-rates. When lodging and meals are charged on a per diem basis, a flat per diem rate will be charged and receipts will not be provided for actual lodging and meale expenses.  shall mean the person ore entity for whom the Work will be performed.  detail int the Proposal.  and are expressly excluded from this Agreement.  conditions shall be applicable to the Work.  the Agreement will have the same meaning in the Proposal. ARTICLE:2. COMPENSATION ANDI INVOICING 2.1 Compensation, Client shall pay the Contract Price set forth in the Proposal.  invoiced as follows:  upon Client's written request. (iii) Reimbursable Expenses:  expendables). insurance coverage. by TRC  charged at current IRSI mileage rates per mile.  (iv) Unless otherwise stated, the Contract Price does not include any present orf future federal, state, orl local property, license, privilege, sales, use, excise, gross receipts or other like taxes or  02024 RCI AMRights Reservedl PRL 24.0921 Pnncaton AIAS Sewer Proposal  6    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  assessments which may be applicable to, measured by, imposed upon, or resulting from the (b) Lump Sum or Unit Prices. IfWork is performed on a lump sum or unit price! basis, TRC will invoice ont thes schedule provided fori int the Proposal or, ifnoi invoicing schedule isi included in the Proposal, based on percentage of completion of Work or number of units completed, as applicable. (c) Disputed Invoices. IfClient objects to all or any portion of an invoice, it must notify TRC in writing detailing the nature of the objection within seven (7) days from the date of receipt of the invoice, and must pay any undisputed portion of the invoice as provided in Section 2.3 below. The Parties will confer immediately after Client advises of a dispute and the Parties will make every effort to immediately resolve the disputed portion of the invoice. If the Parties fail to reach agreement at the project level on a disputed invoice within thirty (30) days oft the date oft the invoice, either Party has the option of proceeding in accordance with Article 15, Dispute Resolution. 2.3 Payment Terms. Except as provided in Section 2.2(c) above, Client must pay all invoices as setf forth in the remittance instructions in Section 16. 12 below no later than thirty (30) days after the date oft the invoice. 2.4 Failure to Pay. Except as provided in Section 2.2(c) above, interest will accrue on all delinquent payments at the rate of 1.5% per month, or the highest rate permissible under applicable law, whichever is less, Additionally, if Client does not pay TRC within forty-five (45) days of the date of an invoice, then, upon seven (7) days' written notice to Client, TRC may suspend performance of the Work and any Deliverables until itr receives payment oft the amount owing. Additionally, Client will reimburse TRC for all reasonable costs incurred by TRC in collecting any overdue payments and related interest, including, without limitation, reasonable attorneys' fees, other legal costs, court costs, and collection agency fees. 2.5 Records/Audit TRC will keep complete and accurate records in accordance with generally accepted accounting practices with respect to all amounts invoiced by TRC under this Agreement. TRC will keep such records pertaining to each invoice for two (2) years after the date of the invoice. If an audit is commenced within such two (2) year period, Client must provide TRC with advance written notice of the audit, such audit may only be performed during normal business hours, and such audit shall not extend to TRC's overhead, markups, profit/loss information, fixed rates, unitp prices, prices expressed as percentages, 3.1 Time for Performance. TRC will use commercially reasonable efforts to perform the Work within the Contract Time stated int the Proposal to the extent consistent with the terms of this Agreement, the Standard of Care 3.2 Completion. TRC's Work will be considered complete at the earlier of (i) the date when TRC's Deliverables are reasonably accepted by Client; or (i)t thirty (30) days after the date whent the last of TRC's Deliverables are submitted for final acceptance if Client does notr notify TRC in writing within such 30-day period that the 4.1 Work Added or Changed by Client. Client shall provide TRC with an equitable adjustment in compensation and time for performance for any Work added or changed by Client. Any changes or additions to the' Work shall be set forth in a written document signed by both Parties("Change Order"). TRC has no obligation to 4.2 Force Majeure Events. No Party will be liable or responsible to the other Party, nor be deemed to have defaulted under this Agreement, for any failure or delayi int fulfilling or performing anyt term oft this Agreement (except for any obligations to make payments to the other Party hereunder), to the extent such failure or delay is caused by a Force Majeure Event. The term "Force Majeure Event" means any event which: (a) is not within the reasonable control of the affected Party; and (b) causes the affected Party to be delayed in performance of, or unable to perform, its obligations under this Agreement. Subject to the foregoing, Force Majeure Events include, but are not limited to: drought; fire; flood; extreme weather conditions; earthquake; lightning; epidemic; war (whether declared or undeclared); acts of terrorism, or damage resulting therefrom; acts of God or the public enemy; explosion; rebellion; riot; civil disturbance; sabotage; vandalism; actions ofthird parties; actions ofa court or other governmental entity; actions of, orf failure to act by, regulatory agencies; strikes or other concerted acts of workers; accidents in shipping or transportation; and the closing or congestion (beyond reasonably foreseeable levels) in any harbor, dock, port, canal, or other adjunct of the shipping or navigation of or within any place; or pandemic, epidemic, or governmental activity in response to such pandemic or epidemic that impacts a Party's ability to perform. The Party affected by al Force Majeure Event: () must promptly notify the other Party by email; (i)is relieved from fulfilling its contractual obligations during the continuance oft the Force Majeure Event to the extent thei inability to perform is caused by the Force Majeure Event; (ii) as soon as reasonably possible after the Force Majeure, must fulfill or resume fulfilling its obligations hereunder; (iv) must promptly notify the other Party by email oft the cessation or partial cessation oft the Force Majeure Event;  performance of the Work..  starting on the 315! day after the date of an invoice.  efficiency in performing Work, or any trade secrets. defined below, and the orderly progress of the Work.  ARTICLE3. TIME FOR PERFORMANCE  Deliverables fail to conform to the requirements of the Agreement. ARTICLE4. ADDITIONAL AND CHANGED WORK, DELAYS  proceed with changed or additional work until the Parties execute a Change Order.  RCI All Rignts Reservedi PRL 24.0921 Princeton AIA: Sewer Proposal  7    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  and (v) will be entitled to equitable compensation and ane equitable adjustment oft the Contract Time to neutralize the effect oft the Force Majeure Event. Within ar reasonable time after cessation oft the Force Majeure Event, any Party claiming additional time and/or compensation must provide the other Party with supporting information to substantiate its position. Ift the Parties fail to reach agreement at the project level on an amendment or a Change Order within thirty (30) days oft the submission of supporting information, either Party has the option of proceeding in accordance with Article 15, Dispute Resolution. 4.3 Impacts to the Work. TRC will be entitled to equitable compensation for, and ane equitable adjustment oft the Contract Time, to the extent the Work is impacted by any additional or changed Work as a result of any actions or circumstances not the fault of TRC, including, but not limited to: ai failure of Client to perform or cause performance ofi its obligations in accordance with the Agreement, including, but not limited to, failure to provide necessary access or Information (defined below); failure to provide necessary comments in connection with the development of any Deliverables (defined below); interference with or delay of any Work caused by Client, or other party for whom Client is responsible; any error, omission, or ambiguity in Information; changes in site conditions; and delays in obtaining, or the absence, suspension, termination, 4.4 TRC Change Order Requests. Whenever TRC discovers an event or a condition hasi impacted its Work so as to constitute al basis for a change in compensation or schedule, TRC will notify Client by email promptly after discovery oft the evento or condition, advising Client oft the nature oft thei impact and requesting a Change Order. Within a reasonable time thereafter, TRC will provide Client supporting information to substantiate TRC's position. Ifthe Parties fail to reach agreement at the project level on a Change Order request within thirty (30) days' ofTRC's submission ofs supporting information, either Party has the option ofp proceeding in 4.5 Delays byTRC. Ifthel Work isr not progressing ina accordance with the project schedule duet to TRC'st fault, TRC willt take appropriate corrective measures to recovert the schedule: at TRC's expense, tot the extentt the delays 5.1 Client Information. Client will furnish to TRC all existing studies, reports, surveys, inspections, Project Site evaluations, data, and other information available or that becomes available to Client and pertinent to TRC's performance oft the Work(Information'). authorize TRC to obtain additional Information as required; and furnish the services of others where necessary for the performance of the Work. TRC will be entitled 5.2 Access. Where necessary for performance of the Work, Client will arrange for TRC access to any site or 5.3 Subsurface Investigations. Ifthe Work involves subsurface investigation, excavation, or drilling, Clientr must provide TRC with assistance in locating underground structures or utilities in the vicinity of any such activities. Ifc despite commercially appropriate practices neither Client nor TRC can confirm the location of such underground structures or utilities, Client agrees that TRCi is not responsible for any costs associated with, anda accepts alll liability and costs associated with, the repair, replacement, orr restoration ofa any damage 5.4 Communication. Client will designate an authorized representative who will be responsible for communications and consultation with TRC and who will have the authority to make decisions necessary 6.1 Standard of Care. TRC will perform the Work consistent with the professional skill and care ordinarily provided by the same type of professional, for a project of similar size, scope, and complexity during the time whicht the Worki isp provided, and ina as similar locality, under similar circumstances ("Standard of Care"). Reasonable people may disagree onr matters involving professional, judgment and, accordingly, ac difference of opinion on a question ofp professional judgment will note excuse Client from paying for Work rendered. 6.2 Warranty for Materials. Int the event TRC procures Materials pursuant to this Agreement, TRC warrants to Client thatt the Materials will be newa and free of defects in workmanship (Warranty"). 6.3 Remedies. IFTRC'sWorki fails tor meet the Standard of Care (Nonconforming Work"), orifany Materials fail tor meett the Warranty ("Defective Materials"), andi if Client provides written notice to TRC ofs such failure no later than one (1) year after completion oft the Work ("Correction Period"), at TRC's option TRC willy within ar reasonable time after receipt of written notice: (a) re-perform the Non-conforming Work; (b) repair or replace the Defective Materials; or (c) refund the amount of compensation paid to TRC for such Non- conforming' Work and/or Defective Materials. Client will provide TRC access tot the Project Site so TRC can 6.4 WarantyLmitation. THE STANDARD OF CARE ISI NOTAWARRANTY OR GUARANTEE, AND1 TRC HAS NO SUCH OBLIGATION, EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL SERVICES. NOTHING IN THIS AGREEMENT WILL BE INTERPRETED TO REQUIRE TRC TO PERFORM  orf failure ofr renewal of, any permit, license, or governmental authorization.  accordance with Article 15, Dispute Resolution. are caused by TRC's fault. ARTICLE5. CLIENT'S RESPONSIBILITIES  to use and rely on the completeness and accuracy ofall such Information.  property.  caused by the performance of the Work. for TRC to perform its Work.  ARTICLE6. TRC'S OBLIGATIONS AND' WARRANTY  perform its obligations under this Section 6.3.  92024TRCM AlRgnsResenedi PRL- 24.0921 Princeton IA Sewer Proposal  8    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  PROFESSIONAL SERVICES TO ANY HIGHER STANDARD OR HAVE ANY OBLIGATION IN THE PERFORMANCE OF PROFESSIONAL SERVICES IN EXCESS OF WHAT IS REQUIRED BY THE STANDARD OF CARE, AND THIS SECTION WILL CONTROL OVER ANY CONTRARY PROVISION. OTHER THAN THE EXPRESS WARRANTIES CONTAINED HEREIN, TRC DISCLAIMS ALL WARRANTIES, WHETHER: STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITYAND FITNESS FORAPARTICULAR: PURPOSE, ANDALLWARRANTIES ARISING FROMCOURSE OF DEALING OR USAGE INTRADE. SUBJECTTOTRCSLABILITYUNDER SECTION 9.2, CLIENT'S EXCLUSIVE REMEDIES AND TRC'S ONLY OBLIGATIONS ARISING OUT OF A CLAIM FOR NONCONFORMING WORK AND/OR DEFECTIVE MATERIALS FOLLOWING SUBSTANTIAL COMPLETION OF THE WORKI WILL BE THOSE STATED IN THIS ARTICLE6. 6.5 Licenses. TRC will obtain in TRC's name the known licenses, permits, or other approvals from any governmental agency or regulatory body that are necessary for TRC to perform the Work. 6.6 Resources. TRC will obtain all tools, equipment, materials, software, and licenses that are necessary for TRC 6.7 Employees. TRC wille employ, discharge, pay, control, and direct its employees. TRC will employ only skilled 6.8 Inspections. If the Work includes inspections during or after construction based upon TRC-prepared drawings or specifications, nothwithstanding. anything to the contrary herein, consistent with the Standard ofCare, TRC will visit the Project Site ati intervals appropriate to the state of the contractor's operations, or as specifically provided in TRC's Work, (1) to become generally familiar with and to keep Client informed about the progress and quality of the portion of the construction work completed, (2) to endeavor to guard Client against defects and deficiencies in the construction work, and (3) to determine in general if the construction work is being performed in a manner indicating that, when fully completed, will be in accordance with the applicable contract documents, but the sole responsibility for compliance with drawings and specifications will be with the entity performing the construction. TRC: shall not have control of, nor be in charge of, nor shall be responsible for, the means, methods, techniques, sequences, procedures, construction, or safety precautions and programs in connection with any construction work, as these are solely the construction contractor's rights and responsibilities. Furthermore, TRC shall not be responsible for the failure of Client, or any party under contract with Client, including, but not limited to, any architect, engineer, consultant, contractor, ors subcontractor, to carry out their respective responsibilities in accordance 6.9 Communication. TRC will designate an authorized representative who will be responsible for communications and consultation with Client and who will have the authority tor make decisions necessary for TRC to perform 7.1 Confidentiality Agreement. The Party receiving Confidential Information may include that Party's Representatives ("Recipient"). The term Representatives means a Party's affiliates and their respective employees, agents, and advisors. Recipient is not permitted to reveal Confidential Information (defined in Section 7.2 below) to any third party without written consent from an authorized representative oft the Party disclosing the Confidential Information ('Discloser"). Notwithstanding the foregoing, Client acknowledges that TRC's review of Client's Confidential Information will inevitably enhance TRC's knowledge and understanding of Client's business in a way that cannot be separated from TRC's other knowledge, and Client agrees that this Agreement shall not restrict TRC in connection with the purchase, sale, or 7.2 Confidential Information. The term Confidential Information" includes: () all non-public information, materials, or products developed pursuant to this Agreement; and (ii) information about a Party's or its Representatives' business affairs, employees, finances, services, intellectual property, trade secrets, and other sensitive, marketing, or proprietary information, whether disclosed orally or in written, electronic, or other form or media. Notwithstanding: the foregoing, however, Confidential Information shall not include the following: () information which at the time of disclosure is or becomes publicly available other than as a result of a disclosure by an act or omission of Recipient; () information which is or becomes available to Recipient on a nonconfidential basis from as source (other than from Discloser) which is not prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to Discloser; (ii) information whichy was already known to Recipient; or (iv) information which is independently developed by 7.3 Legal Obligation to Disclose. IfRecipient is required by applicable law, regulation, orl legal process to disclose any of the Confidential Information, Recipient will notify Discloser promptly so Discloser may (1) seek a protective order or other appropnate remedy, (i) take action to assure confidential handling of such information, andlor (ii)i ini its sole discretion, waive compliance with the terms oft this Agreement. Int the event  top perform the Work.  professionals for Work requiring special qualifications.  with their legal and contractual obligations.  its Work. TRC will advise Client at regular intervals oft the status of the Work.  ARTICLE7. CONFIDENTIALTY  consideration of, or decisions related to, other investments.  Recipient.  02024 TRCI AIIF Rights Reserved) PRL- 24.0921 Princeton AIAS Sewer Proposal  9    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  such protective order or other remedy is not obtained, or Discloser waives compliance with the terms hereof, Recipient (i) may sO disclose only that portion of the Confidential Information which itis legally required to disclose and shall, upon request, reasonably assist Discloser with Discloser's efforts to obtain reliable assurance that confidential treatment will be afforded such Confidential Information, and () shall not be liable for such disclosure. Notwithstanding the foregoing, Client acknowledges that one or more of TRC's affiliates is a registered investment adviser and that TRC may be subject to routine examinations, investigations, regulatory sweeps, or other regulatory inquiries by applicable regulatory and sell-regulatory authorities. Client agrees that TRC may make such disclosures as may be requested by any such authority (or examiner thereof) and will not be required to comply with the process described in this paragraph; provided that ift the request by such authority (or examiner thereof) is specifically targeted at Client, TRC will notify Client (tot the extent not prohibited by such authority or examiner orby applicable rule, regulation, 7.4 Remedy. Each Party agrees the actual or threatened disclosure or use of any Confidential Information, other than as permitted under this Agreement, will cause irreparable harm to Discloser, and Discloser will be entitled, without prejudice or limit to any other remedy, to obtain injunctive relief to prevent such 7.5 Communications with Third Parties. To the extent the Work requires TRC to communicate with any third party including, but not limited to, owners oft the Project Site or other locations, former employees, current employees, or government authorities, TRC shall so inform Client. For all such communications, Client releases TRC from claims of breach of confidentiality, waiver of privilege, or otherwise associated with any 8.1 Required Insurance Coverage. TRC will obtain and maintain insurance of the types and amounts set forth herein. The insurance will bei ine effect before Work commences, and will remain in effect until completion of the Work. TRC will require any subcontractors to obtain and maintain coverages appropriate to their scope (a) Worker's Compensation Insurance and Employer's Liability Insurance as required by the law of the state in which the Project is located, but Employer's Liability coverage will be in the amount Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident; (d) Commercial General Liability Insurance in the amount of $1,000,000 each occurrence, $2,000,000 Professional Liability Insurance in the amount of $1,000,000 each claim and $2,000,000 annual 8.2 Certificates of Insurance. Prior to commencing Work, TRC will furnish Client with certificate(s) ofi insurance evidencing compliance with the insurance requirements herein. Renewal certificates will be provided to Client upon the expiration of any required insurance policies. No policy will be cancelled or not renewed (a) "TRC Group" means TRC and its subcontractors of all tiers, and each oft their parent, subsidiary, and (b) "Client Group" means Client and its parent, subsidiary, and affiliated companies, and all their (c) "Losses" means any and all damages, costs, or expenses, including, but not limited to, reasonable (a) TRC WILLI INDEMNIFY. AND HOLDHARMLESS CLIENT GROUPI FROMANY ANDALLL LOSSES ARISING OUT OF CLAIMS TO THE EXTENT SUCH CLAIMS ARE CAUSED BY TRC's NEGLIGENT ACTS, ERRORS, OR OMISSIONS IN THE (b) WITH THE EXCEPTION OF CLAIMS ARISING UNDER SECTION 9.2(a), TRC WILL INDEMNIFY ANDI HOLD HARMLESS CLIENT GROUP FROM LOSSES, AND WILL DEFEND CLIENT GROUP FROM CLAIMS, DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO1 THE EXTENT SUCHE BODILYINJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE ORI INTENTIONAL MISCONDUCT OF TRC IN THE PERFORMANCE OFITS 9.3 CLIENT's INDEMNITY OBLIGATIONS. CLIENT WILL INDEMNIFY AND HOLD HARMLESS TRC GROUP FROM LOSSES ARISING OUT OF CLAIMS DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO THE EXTENT SUCH  or law) as promptly as practicable following such request.  unauthorized use or disclosure.  such communications. ARTICLE8. INSURANCE  ofv work. TRC willl have the following insurance coverage:  of$1,000,000 each accident; general aggregate, and aggregate.  (c) (e)  $2,000,000 products-completed operations aggregate; and,  without thirty (30) days' prior written notice to Client.  ARTICLE9. INDEMNITY 9.1 Definitions.  affiliated companies, and all their officers, directors, and employees. attorneys' fees, expert fees, and expenses and costs of litigation. (d) "Claims" means all third party claims, lawsuits, demands, or actions. PERFORMANCE OF ITS PROFESSIONAL SERVICES UNDER THIS AGREEMENT.  officers, directors, and employees.  9.2 TRC'SINDEMNITY OBLIGATIONS.  WORK.  2024 TRCI ARights Reservedi PRL  10    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCTOF CLIENTIN THEF PERFORMANCE OF THIS AOREMENT,ADOTOMALYAOTWTISTANDNGA ANYTHING1 TO THE CONTRARY HEREIN, IN THE EVENT TRC PERFORMS INTRUSIVE GROUND EXPLORATIONS OR INVESTIGATIONS, ("SUBSURFACE INVESTIGATION"). AS PART OF THE WORK, CLIENT WILL INDEMNIFY TRC GROUP FROM AND AGAINST RESULTING FROM, OR ARISING OUT OF, CLAIMS FOR DAMAGES TO SUBSURFACE OR UNDERGROUND UTILITIES OR STRUCTURES, INCLUDING BUT NOTI LIMITED TO, GAS, TELEPHONE, ELECTRIC, WATER, OR SEWER UTILITIES, WHOSE LOCATIONS WERE NOT DESIGNATED OR IDENTIFIED TO TRC PRIOR TO THE COMMENCEMENT OF ANY SUBSURFACE 9.4 RISK OF Loss TO THE WORK. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IT IS UNDERSTOOD, AND AGREED1 THAT CLIENT BEARS ALL RISK OFL LOSS OF ORI DAMAGE TOT THE WORK AND THE SUBJECT OF1 THE WORKI INCLUDING/ ALLI MATERIALS ANDE EQUIPMENT TOE BEI INCORPORATED THEREIN, AND CLIENT HEREBY RELEASES AND SHALL DEFEND, INDEMNIFY, ANDI HOLD TRC GROUP HARMLESS FROM ANY SUCH LOSS OR 9.5 CONDITIONS PRECEDENT. EACH PARTY AGREES THAT AS A CONDITION PRECEDENT TOITS OBLIGATIONS TOINDEMNIFY ANDI HOLD HARMLESS, THEI INDEMNIFIEDI PARTY MUST GIVE PROMPTI WRITTEN NOTICE TO1 THEI INDEMNIFYING PARTY OF ANY CLAIM COVERED BY ARTICLES 90 OR 10, ORA ANY OTHER INDEMNIFICATION CLAUSE IN THIS AGREEMENT. ASAN ADDITIONAL CONDITION PRECEDENT, FOR ANY CLAIM OTHER THAN A CLAIM ARISING OUT OF TRC's ALLEGED PROFESSIONAL NEGLIGENCE, THE INDEMNIFIED PARTY MUST ALLOW THE INDEMNIFYING PARTY TOF REPRESENT THE INTERESTS OF EVERYI INDEMNITEE! IND DEFENDING ANDS SETTLING! SUCH CLAIM. INT THE EVENT ANYI INDEMNITEE FAILSOR REFUSES TO1 TENDER1 THED DEFENSEC OF ANY SUCHCLAIM1 TO1 THEI INDEMNIFYING PARTY,SUCHI PARI'SDEFENSE,MOLD HARMLESS, AND INDEMNITY OBLIGATIONS RELATED TO THAT CLAIM WILL BE NULL AND VOID. 9.6 APPORTIONMENT OF ATTORNEYS' FEES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AFTER RESOLUTION OF A CLAIM UNDER ARTICLES! 9 OR 10, OR ANY OTHERI PROVISION HEREIN PROVIDING FOR ONE PARTY TOF PROVIDE AD DEFENSE, IF THE NEGLIGENCE OR OTHERI LEGAL FAULTO OF ANY INDEMNITEE IS DETERMINEDI EITHER BY MUTUAL AGREEMENT OF THE PARTIES, OR BYF FINAL ADJUDICATION, TOH HAVE BEEN A CONTRIBUTING CAUSE OF THE LOSSES RELATED1 TOS SUCH CLAIM, THEN THEI INDEMNIFIED PARTY MUST REIMBURSE THE DEFENDING PARTY FOR THE COSTS, ATTORNEYS' FEES, OTHER LEGAL EXPENSES, AND EXPERT FEES EXPENDED FOR DEFENSE IN THE SAME 10.1 Pre-existing Conditions. Clienta and TRC acknowledge that, priort tot thes start oft this Agreement, TRC has not generated, handled, stored, treated, transported, disposed of, ori in any way taken responsibility for any toxic or hazardous substance, including any contaminated soils, wastes, or substances, as defined by law ("Hazardous Substances") att the Project Site. Any Hazardous Substances originating with or generated by Client, ora any pre-existing Hazardous Substances which are in, on, under, or migrating from the Project Site, or any Hazardous Substances introduced to the Project Site by any party other than TRC Group (collectively, Non-TRC Hazardous Substances"), shall, as between TRC and Client, remain the sole and exclusive property of Client, it being the intention oft the Parties that Client be solely responsible for such Non-TRC Hazardous Substances and shall be regarded as the owner and generator of all such Non-TRC Hazardous Substances for the purposes oft this Agreement: and all Work performed hereunder. 10.2 Hazardous Substances Encountered During the Work: Disposition of Samples. Client recognizes that, when itis known, assumed, ors suspected that Hazardous Substances existo on orb beneath thes surface oft the site of thel Work, orv within any structure thereon, certain sampling materials such as drill cuttings and drillf fluids or asbestos removed for sampling, should be handled as if hazardous or contaminated. Accordingly, when TRC encounters Hazardous Substances during performance of the Work, such as when sampling is included in the scope of Work, and when determined by TRC in its sole and exclusive judgment to be necessary based on TRC's assessment oft the degree ofc contamination, hazard, and risk, TRC will: promptly inform Client that containerization and labeling will be performed; appropriately contain and label such materials; and leavet the containers ont the Project Sitef forp proper, lawful removal, transport, and disposal by Client. All samples ofs soil, groundwater, waste, rock, or other materials collected from the Project Site will remain the property of Client and will be returned to Client by TRC within thirty (30) days after submission of TRC's report, unless applicable law requires the retention or other disposition ofs such samples. All costs associated with the disposition or returning of samples will be charged to Client. TRC will not sign any hazardous waste manifests or bills of lading, and all such manifests and generator numbers will be in the name of, and signed by, Client. Nothing contained in this Agreement will be construed or interpreted as requiring TRC, its officers, agents, servants, oremployees to assumet thes status ofag generator, storer, treater, transporter, or disposer of hazardous substances, or an arranger for disposal of hazardous substances, or  INCLUDING BUT NOT LIMITED TO, EXCAVATION, DRILLING, BORING, OR PROBING  LOSSES INVESTIGATION. THE FACILITIES WHICHA ARE  DAMAGE, HOWEVER: SUCH LOSS ORI DAMAGE SHALL OCCUR.  PROPORTION. AS THE INDEMNITEES' PROPORTION OF NEGLIGENCE OR OTHER LEGAL FAULT.  ARTICLE 10. HAZARDOUS SUBSTANCES ANDI POLLUTION  02024 RCI Al Rights Reserved! PRL -24.0921 Princeton AIA Sewer Proposal  11    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  a disposal facility as those terms appearv within the Resource Conservation RecoveryA Act,42USCA, Section 6901, et seq. (RCRA), or within any state statute of similar effect governing the treatment, storage, 10.3 TRCINDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION. To THE FULLEST EXTENT PERMITTED BY LAW, TRC SHALL ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS, ALL MEMBERS OF CLIENT GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF ORF RELATING TOANY HAZARDOUS SUBSTANCES BROUGHT TO ORI RELEASED AT THE PROJECT: SITE 10.4 CLIENT INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION. To THE FULLEST EXTENT PERMITTED BY LAW, CLIENT SHALL RELEASE, DEFEND, INDEMNIFY, ANDI HOLD TRC GROUP HARMLESS FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TOTHE PRESENCE ATT THE PROJECT SITE OF NON-TRC HAZARDOUS SUBSTANCES. CLIENT SHALL ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS ALL MEMBERS OF TRC GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO, ANY NON-TRC HAZARDOUS SUBSTANCES DISCOVERED AT, BROUGHT TO, OR RELEASED AT THE PROJECT SITE, OR LEFT ON THE PROJECT SITE AFTER CONTAINERIZATION BY TRC. 11.1 Client's Separate Contractors. The Parties expressly acknowledge and agree that unless otherwise expressly provided for in the Proposal, during the pertormance of the Work TRC shall not (a) supervise, direct or control Client's other contractors or subcontractors at any tier; (b) have authority over or responsibility for the means, methods, techniques or sequences of work performed by such other contractors or subcontractors; (c) be responsible for job site safety or enforcement off federal, state, local or other safety requirements in connection with the work performed by such other contractors or subcontractors; (d) be responsible for inspecting equipment or tools used by such other contractors or subcontractors; (e) be liable for any failure of such other contractors or subcontractors to comply with applicable laws, rules, regulations, ordinances, codes, permit stipulations, or orders; or () be liable for the acts or omissions ofsuch other contractors ors subcontractors including their failure to perform in accordance 11.2 Mutual Waiver of Consequential Damages. Notwithstanding anything to the contrary int this Agreement, TRC and Client waive any and all claims against each other, and under no circumstances shall either Party be liable to the other, for incidental, consequential, special, multiple, and punitive damages arising out of or relating to this Agreement, regardless of whether such damages were foreseeable and whether or not the culpable Party was advised of the possibility of such damages, and regardless of whether a Party's claim against the other Party is based in contract (including contract termination), indemnity, warranty, tort (including negligence), strict liability or otherwise. This mutual waiver includes, but is not limited to, rental expenses, loss of use, loss of production, loss of income, loss of profit (except profit arising directly from 11.3 Limitation ofl Liability. To the fullest extent permitted by law, the total liability in the aggregate of TRC and its employees, subcontractors, or suppliers to Client and anyone claiming by, through or under Client, on all claims ofany kind arising out ofori in any way related to TRC'sWork, from any cause or causes whatsoever, including, butr not limited to, negligence, errors, omissions, strict liability, indemnity, or breach of contract, will not exceed the compensation received by TRC under this Agreement. All such liability will terminate upon the expiration oft the Correction Period specified in Section 6.3. THIS SECTION SETS FORTHTRC'S SOLE LIABILITY, AND ENTIRE OBLIGATION AND CLIENT'S EXCLUSIVE REMEDY FOR ANY ACTION 12.1 Ownership of Deliverables. All Deliverables are instruments of service in respect of the Project, and, if delivered to Client during the term of this Agreement, will become the property of Client upon payment therefor. Notwithstanding the foregoing, Client's ownership of the Deliverables will not include any ownership interest in TRC's preexisting information including, but not limited to, computer programs, software, patents, patents pending, standard details, templates, figures or specifications, or TRC's seal, stamp, or certification. Furthermore, Client understands and agrees that TRC is a developer of computer software and that TRC may use its own proprietary software, as well as others properly licensed to TRC, in the performance of the Work, and may develop other proprietary software during the course of performing the Work, which may include preliminary database formats and spreadsheets as well as programming procedures and code. Client understands and agrees that all such programs, efforts, and materials are and will be the exclusive property of TRC (and/or third parties). Additionally, except for the Deliverables, all field data and notes, laboratory test data, calculations, estimates, and other documents prepared by TRC will 12.2 Use of Deliverables. Any Deliverable will be prepared solely for use of Client fort this Project. The Deliverables  transportation or disposal ofv waste.  BY TRC GROUP.  ARTICLE11. ALLOCATION OF RISK  with their contractual responsibilities.  the Work), loss off financing, loss of business, and loss of reputation.  BROUGHT AGAINSTTRC IN RELATION TO THIS AGREEMENT.  ARTICLE12. DELIVERABLES  remain the property of TRC.  020241 TRCI ARights Reservedi PRL  cosal  12    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  are not intended or represented to be suitable to be reused by Client, or used or relied upon by others outside of Client or on extensions of the Project or on any other project. Int the event Client, its employees, permitted assigns, successors, consultants, or contractors subsequently reproduces or otherwise uses the Deliverables or creates a derivative work based upon the Deliverables, unless prohibited by law, Client must remove or completely obliterate the original professional seals, trademarks, logos, and other indications on said Deliverables of the identity of TRC, its employees, and sub-consultants. TRC will be entitled to equitable compensation in connection with documenting any consent for Client ort third parties to rely ont the Deliverables for any purpose other than the purpose for which TRC prepared them. 12.3 Unauthorized Use of Deliverables. Client is prohibited from providing examples of TRC's Work to any individual ore entity known by, or that reasonably should be known by, Client to be a competitor of TRC for the purpose of reducing or eliminating the Work associated with this Agreement. Furthermore, Client is prohibited from providing any statistical: samplingi information ona assessment issues, including but not limited to statistical sampling information on production rates, remedy rates, numbers of pole change outs, types ofv violations, etc., that is provided to Client by TRC, all of which must be treated by Client as Confidential Information. Int the event any Deliverables are utilized or disclosed by Clienti in any manner outside the scope of, orp prohibited by, this Agreement, TRC reserves the rightt to notify directly anyt third party oft the limitations ofi its unauthorized use oft the Deliverables. Client expressly acknowledges that this reservation by TRCi is necessary to protect and preserve TRC's professional reputation with respect toi its work product. 13.1 Client's Safety Requirements Client must inform TRC of any written safety procedures and regulations applicable to the Project Site known to Client, as well as any special safety concerns or dangerous conditions at the Project Site. TRC and its employees will adhere to the written safety procedures and 13.2 Project Site Safety. TRC commits to providing a safe and healthy work environment for its personnel and will require the same of its subcontractors. TRC shall be responsible for the health and safety of its employees and be responsible for its activities, and shall at all times conduct its operations under this Agreement in a manner to avoid risk ofe endangerment to the health and safety of persons and property. Unless expressly included int the scope of Work, TRC will not have any responsibility for overall job safety fort the Project ora att the Project Site. IfTRC determines thati its field personnel are unable to access required locations or perform required Work in conformance with applicable safety standards, TRC may suspend performance until its personnel can safely perform their work. TRC will promptly provide Client with written notice of the location and nature of the unsafe conditions. If Client fails to provide safe access within a reasonable time, TRC may terminate or suspend its performance in accordance with Article 14. 13.3 Reporting of Incidents. In the event TRCi isi involved in any loss, injury, or damage on Client's premises, or ifsuchi injury, loss or damage involves property, equipment, or personnel of Client, or if such accident involves any third party in any manner whatsoever while TRC is performing any duties within the scope of this Agreement, TRC will promptly report suchi injury, loss, or damage tot the attention of Client's designated representative. Ifthe matteri involves loss ofl life, serious injury, or substantial property loss or damage, this report willl be made by telephone call, followed immediately by a report inv writing senty via email. Ifthe matter is ofa a less serious nature, notification may be made by email or by letter posted in regular United States mail. All injuries, loss or damage must be reported. The reporting of any such matter will not imply any 14.1 Terminationi for Default. Int the event ofar material breach oft this Agreement by either Party, the nonbreaching Party mays give written notice to the breaching Party of the nature of the default and demand for cure. If the breaching Party fails to cure or materially commence to cure within ten (10) calendar days from receipt oft the defaultr notice, the non-breaching Party may provide a written notice oft termination oft the Agreement 14.2 Terminations or Suspension forConvenience Either Party may terminate or suspend this Agreement, iny whole ori inp part, by providing written notice to the other Party atl least thirty (30) days prior to the effective date of 14.3 Termination for Insolvency. Either Party has the right toi immediately terminate the Agreement, by providing written notice to the other Party, in the event that (a) the other Party becomes insolvent, enters into receivership, ist thes subject ofav voluntary ori involuntary bankruptcy proceeding, or makes ana assignment for the benefit of creditors; or (b) a substantial part of the other Party's property becomes subject to any! levy, 14.4 Payments Due Post-Termination. TRC will be entitled to receive payment for all Work performed priort tot the effective date oft the suspension ort termination, plus all reasonable costs associated with thes suspension or termination, including, but not limited to, demobilization costs, re-stocking fees, cancellation fees, and costs  ARTICLE 13. SAFETY  regulations provided by Client.  admission ofl liability on the part ofTRC. ARTICLE 14. TERMINATION: AND: SUSPENSION  tot the breaching Party. termination.  seizure, assignment ors sale for or by any creditor or government: agency.  02024T TRCI ARights Reserved) PRL-240921 Princeton AIAS Sewer Proposal  13    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  incurred with respect to non-cancellable commitments. If the suspension or termination is the result of TRC's breach, priort top paying TRC Client will be entitled to offset its reasonable, direct, documented losses to the extent caused by TRC's breach. Ift the suspension ort termination is the result of Client's breach, in addition to all other compensation to which TRC is entitled, TRC will be entitled tor receive payment for its 15.1 Negotiation by Executives. The Parties will attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to the Project or the Agreement or the breach thereof ("Dispute"). promptly by negotiation. When either Party determines it has exhausted its efforts to resolve a Dispute at the Project level, that Party may provide written notice to the other Party oft the Dispute. Within fifteen (15) days after the date ofsuchr notice, executives ofb both Parties who have authority to agree to a settlement oft the! Dispute and who are ata al higher level of management than the persons with direct responsibility for administration oft this Agreementy will meeta ata ar mutually acceptable time and place (or, otherwise, at the Project Site), and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. All negotiations pursuant tot this subsection are confidential and will be treated as compromise and settlement negotiations for purposes ofa applicable rules ofe evidence. Ift the Parties do not resolve the Dispute within sixty (60) days ofa Party notifying the other of the Dispute, unless extended by mutual agreement, either Party may 15.2 Governing Law. Jurisdiction, Venue. Unless otherwise required by law, this Agreement, and any act or transactions tov whichi ity will apply, or which are contemplated hereby or hereunder, will be governed by, and construed andi interpreted ina accordance with, the laws oft the State of Connecticut without regard to choice oflaw or conflicts ofl law principles. This choice ofl lawe expresslyi includes the applicable statutes of limitation. 15.3 Prevailing Party. Int the evento ofa any binding dispute resolution proceeding, declaratory or otherwise, brought bya a Party arising out of or relating tot this Agreement, including but not limited to any breach or default of the Agreement, the prevailing Party will be entitled tor recover from the other Party any and all expenses of litigation, court costs, expert and consultant fees, employee time and expenses, and reasonable attorneys' and otherl legal fees associated with suchp proceedings (collectively, "Litigation Expenses"), accruing as of commencement of the proceeding and including execution and collection of any award or judgment. Notwithstanding the foregoing, ifa written offer of compromise is made bye either Party thati is not accepted by the other Party within thirty (30) days after receipt and the Party not accepting such offer fails to obtain a more favorable judgment or award, the non-accepting Party will not be entitled to recover its Litigation Expenses (evenifitis the prevailing Party)andv willl be obligated top pay the Litigation Expenses oft the offering 16.1 Independent Contractora and Waiver of Benefits. TRC is ani independent contractor and will not be regarded as an employee or agent of Client. TRC agrees that it will not receive, and is not eligible to participate in, any employee benefit plan, insurance program, disability plan, medical benefits plan, or any other fringe benefit program sponsored and maintained by Client for its regular active employees, and TRC hereby 16.2 Compliance with Laws. TRC will observe all applicable provisions of the federal, state, and local laws and 16.3 Severability. Ifany term, covenant, condition, orp provision oft this Agreement ist found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement will remain in full force 16.4 Waiver. No waiver of any provision of this Agreement, or consent to any departure therefrom, shall be effective unless in writing and signed by the waiving Party, and then such waiver or consent shall be effective onlyi int the specific instance and for the specific purpose for which given. No failure or delay ont the part ofa any Party ine exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shalla anys single orp partial exercise ofa anys suchr right, power orr remedy preclude any other orf further exercise 16.5 Assignment. Neither Party willa assign ort transfert this Agreement without the prior written consent oft the other Party. Moreover, as a condition of any such written consent, such assignment will be subject to the terms and conditions herein and no greater rights or remedies will be available tot the assignee. Int the event ofan assignment by Client, Client willp provide TRC with the information necessary for notices and invoicing (as applicable) prior to the effective date of the assignment. Client hereby agrees that TRC may subcontract and/or assign some or all of the Work to one or more ofi its corporate affiliates to the extent necessary to provide: sufficient: staffing andlort to comply with applicable insurance orp professional licensing requirements. 16.6 Captions. The captions oft the articles and sections int this Agreement arei intended solely fort the convenience  reasonable, direct, documented losses to thee extent caused by Client's breach.  ARTICLE 15. DISPUTE RESOLUTION  commence litigation.  Venue for alla actions under the Agreement willb be in Hartford, Connecticut.  Party.  ARTICLE 16. MISCELLANEOUS  waives any rights or claims related thereto.  regulations, including those relating to equal opportunity employment. and effect, and will inr no way be affected, impaired, ori invalidated thereby.  thereof or the exercise ofa any other right, power or remedy hereunder.  2024 RCI Rignts Reservedi PRL: 24.0921 Princeton AIAS  posal  14    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  of reference and will not define, limit, or affect in any way the provisions, terms, and conditions hereof or 16.7 Integration. This Agreement represents the entire understanding and agreement between the Parties and supersedes any and all prior or contemporaneous agreements, whether written or oral, and may be 16.8 Amendments. This Agreement may be modified only by a Change Order or an amendment executed in 16.9 No Third Party Beneficiaries. Except as otherwise specitically provided for herein, this Agreement shall not be construed to confer any benefit on any third party nota a Party to this Agreement, nor shall itp provide any rights to such third party to enforce its provisions. Notwithstanding the foregoing, all liability-limiting provisions oft this Agreement: shall extend and inure tot the benefit of all members of TRC. 16.10 Signatures. The Proposal, any amendment to these Terms and Conditions, and any Change Order may be executed in counterparts, each of which willl be deemed an original, and all ofwhich together willl be deemed to be one and the same instrument. A copy of the Proposal and any subsequent modifications signed electronically and/or delivered by e-mail or other means ofe electronic transmission will be deemed to have the samel legaleffecta as delivery ofar manually signed original. Each person executing the Proposal warrants that he/she is authorized to do so on behalf oft the Party for whom he/she signs the Proposal. 16.11 Notices. Any notice permitted to be given by email shall be sent to the below representative. Any other notice required tol be given pursuant tot this Agreement must be in writing and sent by overnight delivery via USPS or a nationally recognized courier and delivered to the address setf forth in the first paragraph above  their interpretation.  amended or modified only by a written amendment signed by both Parties. writing by a duly authorized representative for each Party.  to the attention of the representative below: Ifto TRC, send to the attention of: the person signing the Proposal Ifto Client, send to the attention of: the recipient oft the Proposal  Any notice so given will be deemed effective upon receipt. Either Party may change its representative or  address effective ten (10) days after written notice thereof to the other Party. 16.12 Remittance Information. TRC remittance information for making payments is asf follows:  U.S. Postal Service: TRC Lockbox PO Box 536282 Pittsburgh, PA 15253-5904 Overnight Packages: TRC Lockbox Attn: 536282 307 3rd Street Extension, Suite 950 Pittsburgh, PA 15215 877-550-5933 Beneficiary Account Name: Beneficiary Account Number: Bank Codes:  Wire Instructions (PREFERRED METHOD OF PAYMENT)  TRC Companies, Inc. - Concentration 2232037090 011500120 (Wires only) 211170114 (ACH only). CTZIUS33 Citizens Bank ARremitdetail@trccompanies.com Dawn Dostie 207-660-7222  ABA Number: Routing Number: Swift Code: Bank Name:  Remittance Detail Email: TRC Contact: Contact Phone Number:  020241 TRCI ARights Reserved! PRL-24.0921 Prnceton AIA Sewer Proposal  15    Stacy Johnson, Mayor Sewer System AIA Princeton, NC  TRC  Attachment 3 BILLING AND EQUIPMENT RATES  Senior Engineer Project Manager Project Manager II Project Manager III Project Geologist Community Resource Specialist Staff Engineer Engineer Engineer II Engineer III Engineer IV Technician Survey Team Leader Senior Project Surveyor Survey Technician Survey Crew (2 Person) Mileage  $180 $160 $185 $205 $150 $160 $90 $125 $130 $140 $160 $80 $185 $135 $80 $165 $0.75/mile  02024 TRCIA ARights Reserved! PRL 24.0921 Princeton AIA Sewer  16    9  TOWN OF PRINCETON, N.C. Resolution No. 2024-10.7 A Resolution  Authorizing the Sale of Certain Town Owned Vehicle No Longer  Needed for Any Municipal Purpose  WHEREAS, the Town of Princeton has title to a 2011 Dodge Charger SEDAN 4-Dr, 3.6LV6, VIN 2B3CIICG5BH565234 which is no longer needed for any municipal purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE TOWN OF PRINCETON, NC AS Section 1: That the Town Administrator and Police Chief are hereby authorized to sell the 2011 Section 2: That it is hereby found and determined that all formal actions of this Board concerning and relating to the passage of this Resolution were adopted in an open meeting of this Board, and that all deliberations of this Board and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal  FOLLOWS:  Dodge Charger SEDAN 4-Dr, 3.6L V6, VIN 2B3CLIC65BH565234.  requirements including G.S. 160A-266-267. RESOLVED this the 7th day of October 2024.  Stacy G. Johnson, Mayor  Attest:  April Williamson, Town Clerk    TOWN OF PRINCETON PROPERTY  REQUEST FOR SURPLUS  2011 Dodge Charger SEDAN 4-DR, 3.6L V6 MILEAGE: 136,521 VIN: 2B3CL1C65BH565234 3.6LV6 gas engine  Vehicle was serviced regularly, White exterior with Black cloth interior is worn. Rear wheel drive, automatic transmission, Stock am/fm radio, Cold A/C with heat, Dual Airbags, Cruise Control, remote mirrors, climate control, Power steering, windows, locks and seats, and has  three key fobs.  $160A-266. Methods of sale; limitation.  (a) Subject to the limitations prescribed in subsection (b) ofthis section, and according to the procedures prescribed in this Article, a city may dispose of real or personal property  belonging to the city by:  (1) Private negotiation and sale; (2) Advertisement for sealed bids;  (3) Negotiated offer, advertisement, and upset bid;  (4) Publicauction; or (5) Exchange.  (b) Private negotiation and sale may be used only with respect to personal property valued at less than thirty thousand dollars ($30,000) )fora any one item or group ofsimilar items. Real property, of any value, and personal property valued at thirty thousand dollars ($30,000) or more for any one item or group of similar items may be exchanged as permitted by G.S. 160A- 271, or may be sold by any method permitted in this Article other than private negotiation and Provided, however, a city may dispose of real property of any value and personal property valued at thirty thousand dollars ($30,000) or more for any one item or group of similar items by private negotiation and sale where (i) said real or personal property is significant for its architectural, archaeological, artistic, cultural or historical associations, or significant for its relationship to other property significant for architectural, archaeological, artistic, cultural or  sale, except as permitted in G.S. 160A-277 and G.S. 160A-279.    historical associations, or significant for its natural, scenic or open condition; and (ii) said real or personal property is to be sold to a nonprofit corporation or trust whose purposes include the preservation or conservation of real or personal properties of architectural, archaeological, artistic, cultural, historical, natural or scenic significance; and (ii) where a preservation agreement or conservation agreement as defined in G.S. 121-35 is placed in the deed conveying said property from the city to the nonprofit corporation or trust. Said nonprofit corporation or trust shall only dispose of or use said real or personal property subject to covenants or other legally binding restrictions which will promote the preservation or conservation oft the property, (c) Ad city council may adopt regulations prescribing procedures for disposing of personal property valued at less than thirty thousand dollars ($30,000) for any onei item or group ofi items in substitution for the requirements of this Article. The regulations shall be designed to secure fort the cityf fair market value fora all property disposed of and to accomplish the disposale efficiently and economically. The regulations may, butr need not, require published notice, and may provide for either public or private exchanges and sales. The council may authorize one or more city officials to declare surplus any personal property valued at less than thirty thousand dollars ($30,000) for any one item or group of items, to set its fair market value, and to convey title to the property for the city in accord with the regulations. A city official authorized under this section to dispose of property shall keep a record of all property sold under this section and that record shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or (d) A city may discard any personal property that: (i) is determined to have no value; (i) remains unsold or unclaimed after the city has exhausted efforts to sell the property using any applicable procedure under this Article; or (ii) poses a potential threat to the public health or safety. (1971, C. 698, S. 1; 1973, C. 426, S. 42.1; 1983, C. 130, S. 1;c. 456; 1987, C. 692, S. 2; 1987 (Reg. Sess., 1988), C. 1108, s. 9;1 1997-174, S. 6; 2001-328, S. 4;2005-227,5.3.)  and, where appropriate, secure rights of public access.  exchange.  5160A-267. Private sale.  When the council proposes to dispose of property by private sale, it shall at a regular council meeting adopt a resolution or order authorizing an appropriate city official to dispose of the property by private sale at a negotiated price. The resolution or order shall identify the property to be sold and may, but need not, specify a minimum price. A notice summarizing the contents of the resolution or order shall be published once after its adoption, and no sale shall be consummated thereunder until 10 days after its publication. (1971, C. 698, S. 1; 1979, 2nd Sess.,  C.1247,5.24.)    COOCE    Your Options  Private Party Save this car  Instant Cash Offer  Trade-in  Donate Your Car  PRIVATE SELLER Exchange Reach millions oft buyers on Autotrader. and KBB.com Frees vehicle history report Securetransactions and financing Verified buyers and sellers Verified buyers geta a clean title every time. Verified sellers gets secure payment. Autotrader 4  Private Party! Range $3,790 $6,823 Private Party Value. $5,307  ELL BLUEBOOK  Important info &definitions  Kelley Bluel Book  Value valida as of 09/23/2024 Factors That Impact Value Check that yours are correct below. Mileage: 136,5210 ZIP Code: 275690  Sell My Car Get My Instant Cash Offer *  Condition Fair  Edit Options    9  Reference:  Town of Princeton Vacant Lot  414 S. Center St. Princeton, NC 27569 Parcel 04007019 Bid Process:  The Town of Princeton received a bid in the amount of $5,000 on September 13, 2024. This bid is being published publicly for 10 days and the town will accept open upset bids in an increment of 10% of the most recent bid. Bid will be advertised until September 23,  2024 at 11:59pm.  The Board of Commissioners will review the bid at the October 7, 2024 board meeting. A decision will be made  pending the board decision.    Pearson Pump Sales & Service, Inc.  POI Box 1254 2400N William St Goldsboro, NC 27530 Office (919)7 734-4267 m--eleremlmes  To: Town of Princeton Attn: Mayor Stacy, Johnson Phone: 919-921-2642 Email: m.amg@mypmicatbomcon CC: lgyPlunanéepincen  Well Abandonment 412 S Center Street Pages: 1of1 Date: January 31, 2024 From: Jerri-Rae Pearson Phillips  Well Abandonment:  Pull Existing Turbine From Well And Discard Video Well To Document Casing Depth  Chlorinate. And Abandon Well According To North Carolina. Administrative Code Subchapter 2C Well Construction Standards 15A NCAC02C.0113 Quoted Estimate Based On Not To Exceed 270' Depth  Please Note:  Customer To Remove Brick Building And Excavate Around Well Casing To Be Terminated  Approximately 3' -4' Below Grade  Total Estimate $8,230.00  Total Includes: Material, Labor, Equipment, Mileage. And Video - Sales Tax Will Be Additional  *** Adder: $325.00 Per 50' Additional Depth  Thank you for allowing Pearson Pump Sales & Service, Inc. the opportunity to provide you with our quote.  NÇV Well Contractor Certification! No. 2948-A NC General Contractor PU License No. 27330 NC Pump Instailation Contractor No. 389 CCO Certified Crane Operators Certificate ofl Insurance Available  Written Safety, Confined Space, Drug and Alcohol Testing Program Enforced    PARCEL 04007019  Estimate ADDRESS Town of Princeton POI Box 67 Princeton, NC 27569  ESTIMATE# 1344 DATE 10/02/2023  DATE  DESCRIPTION Demo brick well house and foundation. Haul all debris off site. Pricei includes demo permit.  OTY RATE 1 2,500.00  AMOUNT 2,500.00  TOTAL  $2,500.00  Accepted By  Accepted Date    JN DEVELOPERS  J&N Developers, LLC  Post Office Box 658 Princeton, NC: 27569  919-617-8067  jandndevelopers.com  Town of Princeton 503 Dr. Donnie H. Jones Blvd W Princeton, NC 27569  September 13, 2024  Re: Bid on South Center Street Property  We are pleased to make an offer of $5,000 (Five thousand dollars) on the following property, currently owned by the Town of Princeton. The property contains many obstacles that will require relatively expensive corrective actions in order to prepare the property for residential use. BEING ALL OF LOTS 16, 18 AND: 20 OF PLAT BOOK 2, PAGE 301 OF THE JOHNSTON REGISTRY EACH OF SAID LOTS FRONTING 50 FEET ON CENTER STREET AND EXTENDING BACK 150 FEET. The lots are now combined into one 150 by 150 foot lot being Count tax id 04007019. See Deed Book 409 page 405  Patrick/Kevin Narron, Managing Member  R    ORDINANCE 2024-1007  AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OFTHE TOWN OF PRINCETON, NORTH CAROLINA  IDa,b  WHEREAS, the Board ofCommissioners has been petitioned under G.S. 160A-58.1 to annex Parcel 04008007 27.02 acres owned by Donald B. Rains and Karen Temple Rains Parcel 04005046L 1.88 acres owned by The Town Of Princeton; and  the areas described as and  WHEREAS, the Board of Commissioners has by resolution directed the Town Clerk to investigate the sufficiency of the petition for Parcel 04006007 Rains property and Parcel  04005046L Town owned property; and  WHEREAS, the Town Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at Princeton Town Hall located at 503 Dr. Donnie H. Jones Jr. Blvd West at 7:00 p.m. on October 7, 2024 after due notice by the. Johnstonian News on WHEREAS, the Board of Commissioners finds that the petition meets the requirements ofG.S. a. The nearest point on the proposed satellite corporate limits is not more than three (3) b. No point on the proposed satellite corporate limits is closer to another municipality than The area described is SO situated that the Town of Princeton will be able to provide the same services within the proposed satellite corporate limits that it provides within the d. Nos subdivision, as defined in G.S. 160A-376, will be fragmented by this proposed  October 1,2024; and 160A-58.1(b), to wit;  miles from the corporate limits of the Town ofPrinceton;  to the Town of Princeton;  primary corporate limits; annexation;  e. The Town of Princeton is exempt from the following noncontiguous standards stating the area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits of the Town, does not exceed ten percent (10%) of the area within the primary corporate limits of the Town, pursuant G.S. 160A-58.1(b)(5); and WHEREAS, the Board ofCommissioners further finds that the petition has been signed by all the owners of real property in the area who are required by law to sign and notes the 1.88 acre lot Parcel 04005046L Town owned property is not required to submit a petition; and    ORDINANCE 2024-1007  WHEREAS, the Board of Commissioners further finds that the petition is otherwise valid, and that the public health, safety and welfare of the Town of Princeton and oft the areaj proposed for NOW, THEREFORE, BEI IT ORDAINED, by the Board of Commissioners of the Town of Princeton, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described contiguous territory is hereby annexed and made part oft the Town of Parcel 04008007 27.02 acres owned by Donald B. Rains and Karen Temple Rains  annexation will be best served by annexing the area described;  Princeton as ofJune 30, 2025.  BEGINNING ata a point evidenced bya a railroad stake situate in the centerline ofThird Street, in the corner of the Thel C. Rains property (Deed Book 946, page 410); runs thence from said railroad spike South 35 degrees 37 minutes 27 seconds West 31.11 feet to an iron stake set in thei right of way of line of Third Street South 52 degrees 42 minutes 44: seconds East 211.19 feet to a point, corner with the Town of Princeton property (Deed Book 1438, page: 374); runs thence along the property line of the Town of Princeton, South 76 degrees 551 minutes 10 seconds West 45.21 feet to an iron stake set; thence continuing with the property line ofthe Town ofPrinceton South 28 degrees 25 minutes 27 seconds East 75.83 feet and South 30 degrees 38 minutes 53 seconds East 58.72 feet to an iron stake set, corner with the Robert E. Brasington property (Deed Book 787, Page 146); runs thence alongt the property of Brasington, South 79 degrees 141 minutes 49 seconds West 76.38 feet to an irons stake set; thence continuing with the property line of Brasington South 10 degrees 40 minutes 14: seconds East 29.30 feet to an iron stake set, corner with the property of Etta Steven Sanders (Deed Book 1035, page 256) runs thence alongt the property line of Sanders South 79 degrees 171 minutes 59 seconds West 97.94 feet to an existing iron stake, corner with the Brandon J. Young property (Deed Book 1440, page 480); runs thence along the Young property line South 78 degrees 34 minutes 58 seconds West 98.76 feett to an existing iron stake, comer with the Elmer Eason property (Deed Book: 557, page 43); runs thence along the Eason property line South 79 degrees 18 minutes 03 seconds West 75.00 feet to an iron stake set; thence continuing with the Eason property line South 10 degrees 51 minutes 37 seconds East 134.47 feet to an iron stake set in thet right ofway ofHolts Pond Road (State Road #2531); runs thence along the right of way line of Holts Pond Road South 79 degrees 18 minutes 03 seconds West 139.36 feet to an existing iron stake, comer with Robert Alan Starling property (Deed Book 1158, Page 53); runs thence along the Starling property linel North: 53 degrees 21 minutes 45 seconds West 185.91 feet to an iron stake set; thence continuing with the Starling property line South 78 degrees 42 minutes 43 seconds West 21.21 feet to an iron stake set in the property line ofJoe. Junior Rhodes (Deed Book 1528, page 365); runs thence along the property line of. Joe Junior Rhodes North 11 degrees 201 minutes 37 seconds West 11.85 feet to an existing iron stake; thence continuing alongt the property line of Rhodes South 78 degrees 50 minutes 10 seconds West 150.40 feet to an existing iron stake; thence continuing along the property line of Rhodes South 11 degrees 28 minutes 41 seconds East 150.18 feet to an existing iron stake, control comer, in the right ofway line ofHolts Pond Road; runs thence alongt the right of way line of Holts Pond Road, South 78 degrees 42 minutes 43 seconds West 138.10 feet to ani iron stake set, new corner oft thel Manley Eugene Tart property; runs thence along the new property line ofManley Eugene Tart North 11 degrees 17 minutes 17: seconds West 133.00 feet to an iron stake set, another new comer ofTart; runs thence along another new property line ofTart, South 78 degrees 42 minutes 43 seconds West 104.97 feet to an iron stake set, another new comer of Tart; runs thence along another new property line ofTart, South 23 degrees 59 minutes 17 seconds East 136.34 feet to an iron stake set in the right of way line of Holts Pond Road; runs thence along the right of way line of Holts Pond Road, South 78 degrees 42 minutes 43 seconds West 74.66 feet to a concrete monument; thence continuing along said right of way line South 78 degrees 42 minutes 43 seconds West 237.27 feet to an existing iron stake, corner with thep property of David Clarence Eason (Deed Book 1041, page 490) runs thence along the property line of David Clarence Eason North 11 degrees 00 minutes 28 seconds West 138.09 feet to an existing iron stake; thence continuing along the property line of David Clarence Eason, South 78 degrees 47 minutes 49: seconds West 89.25 feet to an existing iron stake; comer with the property of Wilson and Assoc, of Raleigh (Deed Book 1385, page 509); runs thence along the property line of Wilson and Assoc, of    ORDINANCE 2024-1007  Raleigh South' 78 degrees 31 minutes 08seconds West 61.36 feet toa an iron: stake set, corner with the property of. Jady Eatmon Heirs (Deed Book 598, page 364); runs thence along the property line of Jady Eatmon Heirs North 11 degrees 171 minutes 17seconds West 61.99 feet to ani iron stakes set; thence continuing with the property line of Jady Eatmon Heirs South 78 degrees 42 minutes 43 seconds West 75.00 feet to an iron stake set; thence continuing with the property line of. Jady Eatmon Heirs South 11 degrees 171 minutes 17seconds East 200.00 feet toa an existing iron stake, control corner, int ther right of way line ofHolts Pond Road; runs thence along the right of way line ofHolts Pond Road, South 78 degrees 42 minutes 36seconds West 13.35 feet toa an iron stake set in the centerline ofa ditch, corner with the property of Manley Eugene Tart (Deed Book 555, page 369); runs thence along the centerline ofsaid ditch and along the property line ofManley Eugene Tart North 17 degrees 46 minutes 27seconds West 826.30 feet to ani iron stakes set int the centerline oft the ditch at angle point, corner with the property of Wachovia Bank of N.C. Trust-Betsy Lottman (Schedule II, 23rd Tract, Land Book 8, Page 540); runs thence along: aditch and along the property line of Wachovia Bank ofN.C. Trust-Betty Lottman, North 28 degrees 00 minutes 52 seconds East 918.61 feet to an existing concrete monument, comer with the Carl R. Gurley property (Deed Book 982, Page 682); runs thence along the Gurley property line, along an existing ditch, South 52 degrees 43 minutes 34: seconds East 874.10 feet to an existing iron stake, corner with the property of1 Thel C.F Rains (Deed Book 946, Page 410); runs thence along the property line ofThel C. Rains South: 53 degrees 16minutes 21 seconds East 548.25 feet to the point and place of BEGINNING, containing 34.37 acres, more or less, according toasurvey prepared by L. Dennis Lee, P.A., Registered Land Surveyor, dated May 21, 1997, and captioned "Map for Ray M. Floors," being Project No.: FLOOR17A. This being the remainder of the property shown asTract No. 1 on that deed recorded in Book 555, Page 369, Johnston County Registry. See also Will ofrecord in Estate File No. 83E055, Office ofthe Clerk of Superior Court of. Johnston County, and' Willo lofl Ray M. Floors in Estate File No. 00E0313. LESS AND LESSANDEXCEPTHI- Being allofLot2, containing 0.475 acres, more or less, according toai map prepared by L. Dennis Lee, P.A., dated September 28, 2002, entitled "Map forl Ray M. Floors Estate," recorded in Plat Book 57, Page 188, Johnston County Registry. (For further reference see Deed Book LESS AND EXCEPT #2-E BEGINNING at an iron stake set in the northern right of way of Holts Pond Road (SR 2531), said point of BEGINNING being North 11 degrees 04 minutes 57 seconds West 8.62 feet from an existing iron stake in the right of way ofHolts Pond Road (SR 2531); thence from said point of BEGINNING and along the line ofDavid C. Eason (Deed Book 1041, Page 490) North 11 degrees 04 minutes 57 seconds West 146.71 feet to an existing iron stake in the line oft the Rayl M. Floors heirs (Deed Book 1617, Page 003); thence with the line oft the Floors heirs North 11 degrees 04 minutes 57 seconds West 177.76 feet to an iron stake set; thence North 78 degrees 12 minutes 43 seconds East 239.86 feet to an iron stake set; thence South 23 degrees 56 minutes 09 seconds East 114.41 feet to an existing iron stakei ini thel line of the Ray M Floors heirs (Deed Book 617, Page 3) South 23 degrees 56 minutes 09 seconds East 73.11 feet to an existing iron stake in the line ofTina F.. Jackson (Deed Book 1627, Page 622); thence with. the. Jackson line South 23 degrees 56 minutes 09 seconds East 136.31 feet to an existing iron stake, control comer, said point being in the northern right of way of Holts Pond Road (SR 2531); thence with the northern right of way ofHolts Pond Road South 78 degrees 46 minutes 05.seconds West 74.84 feet to an existing concrete monument; thence continuing with the northern right of way ofHolts Pond Road South 78 degrees 12 minutes 43 seconds West 162.04 feet to an existing iron stake; thence continuing with the northern right of way ofl Holts Pond Road South 78 degrees 12 minutes 43 seconds West 75.01 feet to the point and place of BEGINNJNG, and being 2 acres according toar recombination map for Robert Ormond and wife Renee Ormond dated April 4, 2001,by L. Dennis Lee, P.A., Professional Land Surveyor. (For further reference see Deed Book: 2064 Page 496 and RayM.FloorsP MPANyAToenLa recordedinPlat! Book. 59, Page 40 being Drawing No.  EXCEPT THE FOLLOWING PARCELS:  2016 Page282)  Deed Book 2074 Page 28) LESSANDEXCEPTHS-  Being all of that 4.3 acres surveyed by Dennis R. Blackmon, entitled' "Mapof  01-23. (For further reference see Deed Book 2171 Page 604)    ORDINANCE 2024-1007  LESSANDEXCEPTH-BEGINNING: atani iron pipesetasanew comer withL LeoM. Tart, in the southern right-of-way line ofThird Street extended in the Town of Princeton, North Carolina, saidi iron pipei isl located fromacommont comer withL LeoM. Tart, Arthur Whitley and thel Princeton Chapel Church ofChrist, North4 49 degrees 16minutes 42s seconds' West 128.23 feeta and South 40 degrees 43n minutes 18s seconds West 26.00 feet; thence ar new linev withL LeoN M Tart, South 40 degrees 43 minutes 18 seconds West 132.10 feet to an iron pipe seti in. J.1 R. Benton'se eastern property line; thence withsaid Benton's linel Northo 07 degrees 13minutes47: seconds West56.43f feet toa ani iron pipeseti inJ.R. Benton's northeast comer; thenceai new line withl Leol M. Tartl North: 28 degrees 221 minutes 24 seconds' West along and old wire fence 83.29 Eegthenecomtinunganew. linewithsaid LeoM.Tartalongsaidy wiref fenceNorth260 degrees 09minutes35seconds: West75.83 feettoani iron pipeseti int the southern right-of-wayl linec ofa proposed 60 foot right-of-way street; thence continuing a new line with said Leo M. Tart along said souhemrightofwaylime: fppaadsmehemaegrepradimins5wsma East 46.43feetto ani ironp pipesetint Beuhemtigholwylmanissestcsmkulargho: way line South 49 degrees 16 minutes 42: seconds East 158.73 feet to the point OfBEGINNING, containing  0.32acres,accordingt toasurvey made byl Dennis R. Blackmon, R.LS.onluly2,1979. Parcel 04005046L 1.88 acres owned by The Town of Princeton  All that tract containing 81,699. square feet(1.88 acres) more or less, located in the Town of! Princeton, Johnston County, North Carolina and described. by metes and bounds as BEGINNING at an iron. stake on the southern right-of-way ofl Pineview Street, said Iron stake being located -562/03-ES.00et) from the northwest comer ofl lot no. 36as shown on a map of Pine Croft Subdivision recorded in Plat Book 25, page 9 in the Johnston County Registry; thence with said right-ofway. S 56°21'03"ES 590.32) feet to an iron stake; thence continued S. 56°21'03" E31.59 feet to a point in Beaver Dam Branch; thence with the Meander of Beaver Dam Branch S27°5 53'57" W. 130.66feet to apointi in said branch, a common corner with the William Ricky Hinton and Deborah Hinto Parrish Property as described in Deed Book. 3341, page. 535; thence leaving said branch with the Hinton and Parrish line N56°21'0 03" W22.70 feet to an iron stake; thence continuing with Hinton and Parrish line, to and with the Borden Franklin Howell, Jr. line as described in Deed book. 1961, page. 533, N56°21'03" W612.30j feet to an iron. stake, saidi iron stake being located: S5 56°21'03" ES 5.o0 feet from the southwest commer ofl lot no.. 36 as shown on a map of Pine Croft. Subdivision recordedi in Plat Book 25, page 9int the. Johnston County Registry; thence N33°3 38'57" E 130.00j feet to the point of BEGINNING. Being part ofl lot no.. 360 and all ofl lots no.. 37-40ofPine Croft Subdivision as shown on ai map recordedi in Plat book 25, page! 9 in the. Johnston County  follows:  Registry.  Section 2. Upon and after June 30, 2025, the above described territories and its citizens and properties shall be subject to all debts, laws, ordinances and regulations in force in the Town of Princeton and shall be entitled to the same privileges and benefits as other parts of the Town of Princeton. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the Town of Princeton shall cause to be recorded in the office oft the Register ofD Deeds of. Johnston County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map oft the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County  Board of Elections, as required by G.S. 163-288.1.    ORDINANCE 2024-1007  ADOPTED, this 7th day of October 2024.  Stacy Johnson, Mayor  Attest:  April Williamson, Town Clerk  SEAL:  County, North Carolina  Icertify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document:  Name(s) of principal(s)  Date:  (Official Seal)  Official Signature ofNotary  Notary Public  Notary' ' printed or typed name My commission expires:    00  CERTIFICATE OF SUFFICIENCY  Tot the Board of Commissioners oft the Town of Princeton, North Carolina:  I,April Williamson, Town Clerk, do herby certify that I have investigated the attached petition for Parcel 040050463.27: acres belonging to. JA &1 N Developers LLC: and hereby make the following findings:  Based upon this investigation, Ifind that:  1. The petition includes a metes and bounds description oft the area proposed for annexation and has attached a map showing the proposed area ini relation to the primary corporate limits. 2. The petition includes the signatures of all owners ofr real property lying in the area described 3. The area described in the petition is contiguous to the Town of Princeton primary corporate 4. The area for annexation meets all other requirements defined in NC160A-58.54 regarding the  therein, except those not required to sign by G.S. 160A-58.1(a).  limits, as defined by G.S. 160A-31. character oft the area to be annexed.  Having made the findings stated above, hereby certify the Petition appears to be valid.  In witness whereof, Ihave hereunto set my hand and affixed the seal oft the Town of Princeton, this 7th day  ofOctober,2024.  (SEAL)  April Williamson, Town Clerk    RESOLUTION #:2 2024-10-7  TOWN OF PRINCETON  RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION  OF ANNEXATION PURSUANT TO G.S. 160A-31  WHEREAS, a petition requesting annexation of an area described herein as Parcel 040050463.86 WHEREAS, the Board of Commissioners has by resolution directed the Town Clerk toi investigate WHEREAS, certification by the' Town Clerk as to the sufficiency of the petition has been made; NOW,THEREFORE, BEI ITI RESOLVED by the Board ofCommissioners oft the Town of Princeton Section 1. Aj public hearing on the question of annexation oft the area described herein will be held at thel Princeton Town Hall located at 503 Dr. Donnie H. Jones Jr Blvd West at 7:00 p.m. on  acres, owned by J& N Developers LLC; and the: sufficiency oft the petition; and  that:  November 4, 2024.  Section 2. The area proposed for annexation is described as follows:  PROPERTY DESCRIPTION: ALL THAT TRACT CONTAINING 3.86 ACRES MORE OR LESS, LOCATED IN THE TOWN OF PRINCETON, JOHNSTON COUNTY, NORTH CAROLINA AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT AN IRON STAKE ON THE SOUTHERN RIGHT-OF-WAY OF PINEVIEW STREET, SAID IRON STAKE BEING LOCATED S 56°21'03" E 5.00 FEET FROM THE NORTHWEST CORNER OF LOT NO. 36 AS SHOWN ON A MAP OF PINECROFT SUBDIVISION RECORDED IN PLAT BOOK 25, PAGE 9 IN THE JOHNSTON COUNTY REGISTRY: THENCE LEAVING SAID RIGHT-OF-WAY S 33'38'57" W 130.00 FEET TO AN IRON STAKE IN THE PROPERTY LINE OF THE BORDEN FRANKLIN HOWELL PROPERTY AS DESCRIBED IN DEED BOOK 1961, PAGE 533; THENCE WITH THE LINE OF THE HOWELL PROPERTY N5 56°21'03" W 225.00 FEET TO AN IRON STAKE ON THE EASTERN RIGHT-OF-Way OF LYNCH STREET; THENCE WITH THE EASTERN RIGHT-OF-WAY OF LYNCH STREET N 33'38"57" E_720.00 FEET TO ITS INTERSECTION WITH THE NORTHERN RIGHT-OF-WAY OFE FIRST STREET; THENCE CONTINUING AND LEAVING SAID RIGHT-OF-WAY N_33*38'57" E 125.00 FEET TO A POINT IN THE PROPERTY LINE OF THE PRESCILLA HOWELL NEWSOME PROPERTY AS DESCRIBED IN DEED BOOK 3952, PAGE 481; THENCE WITH THE NEWSOME LINE, TO AND WITH THE RALMARANDA N. BEST PROPERTY LINE AS DESCRIBED IN DEED BOOK 1704, PAGE 759 S 21°59'03" E 234.61 FEET TO A POINT IN THE WILLIAM EARL ORMOND, JR ET ALS PROPERTY AS DESCRIBED IN DEED BOOK 1495, PAGE 957 AND SHOWN AS TRACT 11 ON A MAP RECORDED IN PLAT BOOK 46, PAGE 487; THENCE WITH THE ORMOND LINE S 52°04'49" W 110.82 FEET TO A POINT IN BEAVER DAM CREEK; THENCE WITH BEAVER DAM CREEK S 14°51'03" E 95.31 FEET TO A POINT IN THE PROPERTY LINE OF THE TOWN OF PRINCETON AS DESCRIBED IN DEED BOOK 2630, PAGE 108 AND SHOWN ON A MAP RECORDED IN PLAT BOOK 63, PAGE 162; THENCE LEAVING BEAVER DAM CREEK WITH THE LINE OF THE TOWN OF PRINCETION S 33'38'57" W 354.28 FEET TO AN IRON STAKE ON THE NORTHERN RIGHT-OF-WAY OF PINEVIEW STREET; THENCE CROSSING PINEVIEW STREET S 38° 24'46" W 60.21 FEET TO THE POINT OF  BEGINNING.    Section 3. Notice of the public hearing shall be published in the Johnstonian News, a newspaper having general circulation in the Town of Princeton, at least ten (10) days prior to the date ofthe  public hearing.  Stacy G. Johnson, Mayor  Attest:  April Williamson, Town Clerk