BURNSVILLE TOWN COUNCIL Special Meeting - Thursday, May 22, 2025, 4pm Burnsville Town Hall On Thursday, May 22, 2025 at 4pm, the Burnsville Town Council with Mayor Russell Fox and Councilors Judy Buchanan, Denise Collier, Randy Ollis, and Bill Wheeler present, held a special meeting at the Burnsville Town Hall. Also in attendance were town staff members Heather Hockaday, Leslie Crowder, and Chad Fox. Mayor Fox called the meeting to order at 4:03pm. Adoption of the agenda - Judy Buchanan moved to adopt the agenda as presented. Denise Collier seconded the motion, which carried. All were in agreement. Consideration of 118 N. Main Renovation Change Orders - Mayor Fox explained the changes, involving the unforeseen demolition of the vault, saying that they are legitimate and needed in order to move forward. There was a discussion to allow approval of change orders in the field, up to a certain amount. Up to $20,000.00 was agreed upon as a threshold to allow the Town Manager to decide on change orders to not hold up progress. The Manager would consult with architects, inspectors, the Mayor, Finance Officer, and any other relevant personnel before making any decision. Judy Buchanan moved move to approve Change Orders #002 and #003 with Harper General Contractors and authorize Town Manager Heather Hockaday to make field decisions on change orders up to $20,000.00 on the N. Main Renovation project. Denise Collier seconded the motion, which carried. All were in agreement. Consideration of agreement for inspection and testing services with BLE on the 118 N. Main Renovation - This item was tabled until the June 5th regular meeting due to last minute changes. Discuss S. Main sewer repair project - Mrs. Hockaday and Mayor Fox explained issues created by the layout of sewer lines under S. Main Street. The Town has received quotes from Clifton Hamlin and has money in the current budget to do the work. Mrs. Hockaday said that an agreement should be ready for the June 5th meeting. Consideration of HGA contract - This item was tabled until the June 5th meeting to give Mrs. Hockaday more time to review the agreement. Review and Consideration of agreement for engineering services with McGill Associates on the Raw Water Intake FEMAI project - Mrs. Hockaday explained that FEMA obligated some of the funds for the much needed project and the Engineers are ready to move forward. Bill Wheeler made a motion to authorize Mayor Fox to sign the Engineering Services Master. Agreement For The Primary Raw Water Intake Project, Funded In Part By FEMA with McGIII Associates and authorize Town Manager Hockaday to send a Notice to Proceed causing the preparation of a task order with a "not to exceed" amount for actual work to be conducted. Judy Buchanan seconded the motion, which carried. All were in agreement. WithersRavenel contract amendment - The amendment addressed an additional few weeks of storm related construction observation. Randy Ollis moved to approve Contract Amendment #1 with WithersRavenel for engineering services on the W. Main Sewer Interceptor project. Bill Wheeler seconded the motion, which carried. All were in agreement. May 22, 2025 1 Consideration of Owner Authorization on the Mitchell Branch Daylighting project - Mrs. Hockaday said that the project is ready to move forward with additional funds to repair damage from Helene. The Authorization will allow Baker Grading and Landscaping, Inc. to begin the work. Judy Buchanan moved to approve the Owner Authorization Form for the Mitchell Branch Daylighting project. Bill Wheeler seconded the motion, which carried. All were in agreement. Budget Work Session - The work session began with a discussion of the Cost Of Living Adjustment, an increase to the dental rates, the need for additional flood insurance, and price increases for supplies and materials. The majority of the worksession focused on water and sewer rates and how to preserve the security and quality of the system. Council and staff discussed the need for sustainable funding for the system especially after Hurricane Helene which has created long-term complications. Mrs. Hockaday reminded the Council how rates affect the accessibility of grant funding and the recommended increase of 7% by financial analysts and engineers with McGill Associates. An appropriate rate increase was discussed at length. Judy Buchanan moved to increase rates for the water and sewer systems by 7%. Randy Ollis seconded the motion, which carried. All were in agreement. Adjourn - With there being no further business, Denise Collier moved to adjourn the meeting at 4:50pm. Judy Buchanan seconded the motion, meeting adjourned. - G Kandify J. Chad Fox, Town Clerk T. Russell Fox, Mayor E ARC - May 22, 2025 2 John Arnaud Architect Change Order Project: Contract Date: Change Order Information: Town of Burnsville 21 January 2025 CO #: 002 Police Station and Public Works Reno. CO: Vault and Data 118 N. Main Street Date: 5/21/2025 Burnsville, NC 28714 Owner: Architect: Contractor: Town of Burnsville John Arnaud Architect PLLC Harper General contractors 2 Town Square PO 1504 301 College St., Suite 140 Burnsville, NC 28714 Blowing Rock, NC 28605 Asheville, NC 28801 THE CONTRACT IS CHANGED AS FOLLOWS: Detailed description of the change and reference to specific exhibits. Reference: Harper General Contractors: Request for Change Order #002 and #003, attached subcontractor quotes. This change order includes unforeseen demolition of the existing vault structure's extensive structural floor and ceiling, and additional electrical rough-in for data, security, and Wi-Fi connections. The original Contract Sum was: $ 1,995,089.00 The net charge by previously authorized Change Orders: $ 12,519.50 The Contract Sum prior to this Change Order was: $ 2,007,608.50 The Contract Sum will be increased by this Change Order in the amount of: $ 9,519.25 The new Contract Sum, including this Change Order, will be: $ 2,017,127.75 The Contract Time will be (increased) (decreased) unchanged) by: $ unchanged The new date of Substantial Completion will be: $ unchanged This Change Order supersedes and incorporates any previously distributed Construction Change Directive, Contractor's Request for Change Order, or otherwise discussed and noted above changes to Contract Sum or Contract Time. NOT VALID UNTIL SIGNED BY THE. ARCHITECT, OWNER, AND CONTRACTOR. John Arnaud Architect PLLC Town of Burnsville Harper General Contractors ARCHITEÇT OWNER CONTRACTOR Rameu - Ry SGNATURE SIGNATURE SIGNATURE John Arnaud, Principal Architect Thusel 1 PRINTED NAME AND TITLE PRINTEDI NAME AND TITLE PRINTED NAME AND TITLE foxMyar 05/21/2025 5-22-25 DATE DATE DATE Change Order # 002 HARPER GENERAL CONTRACTORS Project: 25-025-Burnsville Police Station and Public Works Harper General Contractors, Inc. Project Manager: Ewa Parker 301 College Street, Suite 140 (828) 337-4767 Asheville, North Carolina 28801 parker@harperge.com Phone: +18284074800 CHANGE ORDER #002: DEMO OF CONCRETE FLO DATE: 4/25/2025 TO: Town of Burnsville ATTENTION: 2 Town Square Burnsville, North Carolina 28714 INITIATED BY: Ewa Parker SCHEDULE IMPACT: 0 days SOURCE: DESCRIPTION: Demo Of Concrete Floor & Ceiling This change order is for the additional demo of the cast in place concrete floor and ceiling located plan east of the stairs. In the demo plans the floor is indicated to be " wood floor framing" and there was no notation that the ceiling was concrete. The concrete floor at its thickest location is roughly 18" and the ceiling is 6" thick. This was not anticipated on bid day. ATTACHMENTS: Unforseen Concrete Slabs-Beams at] Bunker Revised 4-23-25.pdf CHANGE NOTIFICATIONS INTHIS CHANGE ORDER: # Title Schedule Impact Amount 002 0 days 8,686.09 TOTAL: $8,686.09 CHANGE ORDER LINE ITEMS: CHANGE ORDER #002 # Description Type Amount 1 Addition demo -concrete floor, ceiling SUBCONTRACT $7,840.00 Subtotal: $7,840.00 OH & P: 10.00%. Applies to All Line Items 784.00 Bond: 0.72% Applies to All Line Items 62.09 Grand Total: $8,686.09 The original (Contract Sum) $1 1,995,089.00 Net change by previously authorized Change Orders $ 0.00 The contract sum prior to this Change Order was $ 1,995,089.00 The contract sum would be changed by this Change Order in the amount of $ 8,686.09 The new contract sum including this Change Order will be $ 2,003,775.09 The contract time will not be changed by this Change Order Unless otherwise noted herein, pricing is based on the work occurring and being completed between the date oft this Prime Contract Change Order and contract substantial completion. Any variance to schedule would require an adjustment to this Prime Contract Change Order in time and money to account for additional direct costs required to procure, install and/or manage this scope of work. Pricing is valid for 30 days from the date ofthis Prime Contract Change Order. Submitted By: Approved By: Approved By: Lhnu Hyg SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Harper General Contractors, Inc. John Arnaud Architect PLLC Town ofl Burnsville Contractor Architect/Engineer Owner Custom Demo & Dismantling Burnesville Police Station 813 Hunter St 118 North Main St 28174 York SC 29745 Burnesville NC Removal of 2 Concrete Slabs at Bunker Qty Rate Total Supervisor 25 hrs $ 59.40 $ 1,485.00 Laborer 1 25 hrs $ 37.40 $ 935.00 Laborer 2 25 hrs $ 37.40 $ 935.00 Laborer 3 25 hrs $ 37.40 $ 935.00 Laborer 4 25 hrs $ 37.40 $ 935.00 Disposal 2 ea $ 450.00 $ 900.00 Equipment 1 ea $ 1,275.00 $ 1,275.00 Disposables 1 ea $ 140.00 $ 140.00 CREDIT For Expected Floor/Ceiling Structure Supervisor 5 hrs $ 59.40 $ (297.00) Laborer 1 -5 hrs $ 37.40 $ (187.00) Laborer 2 5 hrs $ 37.40 $ (187.00) Disposal -0.5 ea $ 450.00 $ (225.00) Total $ 6,644 OHP $ 1,195.92 Total $ 7,840 Change Order # 003 HARPER GENERAL CONTRACTORS Project: 25-025-Burnsville Police Station and Public Works Harper General Contractors, Inc. Project Manager: Ewa Parker 301 College Street, Suite 140 (828) 337-4767 Asheville, North Carolina 28801 parker@harperge.com Phone: +18284074800 CHANGE ORDER #003: ADDED WAP, CAMERA DA DATE: 5/20/2025 TO: Town of Burnsville ATTENTION: 2 Town Square Burnsville, North Carolina 28714 INITIATED BY: Ewa Parker SCHEDULE IMPACT: 0d days SOURCE: DESCRIPTION: Added WAP, Camera Data Rough In This change order is electrical roughi in additions, changes the following items Main Floor / 2nd Floor / Police: x5 Cameras (x4 PoE on ceiling, x1 PoE on exterior wall, or overhang if there continues to be one over the entrance) xl new Cat 6 drop inside the Evidence Room on the wall to the left as you walk in. x2 WAPs (POE on ceiling) Change the two single Cat 6 drops inside the "Open Office" room to two triple Cat 6 drops. Lower Floor / 1st Floor / Public Works: x2 WAPs (PoE) ATTACHMENTS: Burnsville Police and Public Work Change Order 1.pdf CHANGE NOTIFICATIONS IN THIS CHANGE ORDER: # Title Schedule Impact Amount 003 Odays 833.16 TOTAL: $833.16 CHANGE ORDER LINE ITEMS: CHANGE ORDER #003 # Description Type Amount 1 Added WAP, Camera Data Rough) In SUBCONTRACT $752.00 Subtotal: $752.00 OH & P: 10.00% Applies to All Line Items 75.20 Bond: 0.72% Applies to All Line Items 5.96 Grand Total: $833.16 The original (Contract Sum) $ 1,995,089.00 Net change by previously authorized Change Orders $ 12,519.50 The contract sum prior to this Change Order was $ 2,007,608.50 The contract sum would be changed by this Change Order in the amount of $833.16 The new contract sum including this Change Order will be $ 2,008,441.66 The contract time will not be changed by this Change Order Unless otherwise noted herein, pricing is based on the work occurring and being completed between the date of this Prime Contract Change Order and contract substantial completion. Any variance to schedule would require an adjustment to this Prime Contract Change Order in time and money to account for additional direct costs required to procure, install and/or manage this scope of work. Pricing is valid for 30 days from the date of this Prime Contract Change Order. Submitted By: Approved By: Approved By: Lhmufry SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Harper General Contractors, Inc. John Arnaud Architect PLLC Town of] Burnsville Contractor Architect/Engineer Owner Whitson Electric Company Commercial . Industrial . Residential . Institutional PO Box 591 Spruce Pine, NC 28777 Phone 828-765-9700 Fax 828-765-2415 RFP May 20, 2025 Project Burnsville Police and Public Work Scope OfWork We propose to furnish materials and labor to install raceways for the additional boxes for the low volt as per print E12 revised marked up drawing showing the additional data outlet, wap and cameras. Raceways to be stubbed to accessible ceiling **Owner to furnish and install all data equipment, cable Plates,rack,headend equipment, cameras,wap and installation** Materials include 40ft of34 Emt conduit X 1.05ft- $ 42.00 20-3/4Emt compression connectors X 1.00Each- $ 20.00 12-3/4 Emt straps x.35 Each- $ 4.20 10- 4x4 Metal boxes X 3.50 Each- $ 35.00 10 - Plaster rings X 2.75 Each- $ 27.50 SubTotal Material $128.70 Tax 6.75% $ 8.69 Profit 15%- $ 19.31 Total on materials-- $156.70 Labor $85.00 X 7Hr- $595.00 Total labor and Materials $752.00 Respectfully Submitted Gary Holcombe Whitson Electric 828-765-9700 wecpcsimaton@gmailcom STATE OF NORTH CAROLINA COUNTY OF YANCEY ENGINEERING SERVICES MASTER AGREEMENT FOR PRIMARY RAW WATER INTAKE PROJECT FUNDED IN PART BY FEMA TOWN OF BURNSVILLE, NORTH CAROLINA This Master Agreement ("Agreement"): is entered into as of May 22 2025, by and between Town of Burnsville, a municipal corporation organized and existing under the laws of the State ofNorth Carolina ("Owner"), and McGill Associates, aj professional engineering firm duly licensed in the State of North Carolina ("Engineer"). 1. PROJECT BACKGROUND The Owner intends to: Rebuild a primary raw water intake system, including a pump house and raw water line that was destroyed and/or washed away during Hurricane Helene on and along the Cane River at Pensacola Road (NC 197S) in Yancey County, North Carolina (the "Project"), funded in part by the Federal Emergency Management Agency (FEMA) under the Public Assistance and Hazard Mitigation Grant program. 2. SCOPE OF SERVICES The Engineer may provide engineering services as described in Task Orders issued under this Master Agreement. Services may include, but are not limited to: Preliminary engineering and feasibility studies Permitting and regulatory compliance Design services (conceptual, preliminary, final) Assisting the Owner with bidding and award process FEMA documentation support Coordination with state and federal agencies Surveying services, including but not limited to, topographic and hydrographic surveys Other such services that may be necessary to complete the project and restore the facility and appurtenant systems to its pre-disaster condition, purpose and use, including bringing the facility up to current codes and standards and providing such mitigation measures as may be deemed appropriate. 3. TERM AND TERMINATION This agreement shall become effective when the authorized representative of the Owner issues a notice to proceed to generate a task order and shall remain in effect until such time as the engineer has completed all the necessary work for the project unless terminated earlier per this Section. The Owner may terminate this Agreement for cause or for convenience upon providing written notice to the Engineer. In the event of termination, the Engineer shall be compensated for all work performed and costs incurred up to the effective date oftermination. The Engineer shall promptly deliver all work products to the Owner upon termination. 4. COMPENSATION Engineer shall be compensated as outlined in each individual Task Order, based on negotiated lump sum or time-and-materials rates, subject to a not-to-exceed limit stated in the task order. The Engineer shall submit monthly invoices detailing services performed, hours worked (if applicable), and associated costs. Invoices shall indicate by Task Order, the work performed for each element of cost, the percentage of work complete, and the forecasted cost and schedule of remaining work. The Owner shall make payments within forty-five (45) days of receiving a properinvoice, subject to FEMA reimbursement timelines and any applicable grant conditions. In the event of termination, compensation will be made for services rendered up to the date of termination, including any substantiated costs reasonably incurred in connection with transition or wind-down of work. 5. FEMA REQUIRED CONTRACT PROVISIONS (Pursuant to 2 CFR Part 200.317 - 200.327 and Appendix II to Part 200) This Agreement is subject to the following mandatory FEMA provisions: a. Access to Records Engineer shall allow access to any books, documents, papers, and records pertinent to this Agreement by the Owner, FEMA, the State of North Carolina, the Comptroller General, or any oft their authorized representatives. b. Equal Employment Opportunity The Engineer shall comply with Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR part 60). The Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to these characteristics. (For all awarded contracts that meet the definition of "federally assisted construction contract" provided in 41 CFR Part 60-1.3) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions ofthis nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation ofthe employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies oft the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary ofl Labor for purposes ofinvestigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1 965, SO that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as ai means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result ofsuch direction by the administering agency, the contractor may: request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, 3 That ift the applicant SO participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 ofSeptember 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary ofl Labor pursuant to Part 11, Subpart D oft the Executive Order. In addition, the applicant agrees that ifit fails or refuses to comply with these undertakings, the administering agency may take any or all ofthe following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. C. Copeland "Anti-Kickback" Act Contractor. The Contractor shall comply with 18 U.S.C. $ 874, 40 U.S.C. 9 3145, and the requirements of29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination oft the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. 8 5.12." d. Contract Work Hours and Safety Standards Act Overtime requirements and safety standards under 40 U.S.C. 88 3702 and 3704. e. Clean Air Act and Federal Water Pollution Control Act Engineer shall comply with applicable standards per 42 U.S.C. SS 7401-7671q and 33 U.S.C. 8S 1251-1387.The Engineer agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The Engineer agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. f. Suspension and Debarment Engineer certifies it is not listed on the government-wide Excluded Parties List System in SAM.gov. g. Byrd Anti-Lobbying Amendment Engineer certifies that no federal funds have been used to influence federal employees in connection with this contract, The undersigned certifies, to the best ofhis or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person fori influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member ofc Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, >9 in accordance with its instructions. The undersigned shall require that the language oft this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Engineer certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Engineer understands and agrees that the provisions of31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Engineer's Authorized Representative h. Procurement of Recovered Materials Engineer shall comply with 2 CFR S 200.323 and 40 CFR Part 247 for projects involving use of recovered materials. i.T Termination for Cause and Convenience The Owner may terminate this Agreement for cause or convenience in accordance with 2 CFR 8 200.339, j. Subcontract Requirements All subcontracts entered into by the Engineer under this Agreement must include all applicable state and federal provisions outlined in this Agreement. Cosplispercanageofcos and peragdfomnadimons contracting methods are strictly prohibited under FEMA regulations. The Engineer shall ensure that no markup or profit is added to subcontracted services that would violate these requirements. k. Remedies Clause In the event of a breach by the Engineer, the Owner reserves all rights and remedies available at law ori in equity. These remedies include, but are not limited to, termination oft the contract for cause, withholding of payments, and legal action for damages or specific performance. This clause is in accordance with 2 CFR $ 200.318(k). L. Prohibitions on Contracting for Covered Telecommunications Equipment or Services Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommumications Equipment or Services (Interim), as used in this clause. Prohibitions. 1. Section 889(b) oft the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. $ 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain elecommunications products or from certain entities for national security reasons. 2. Unless an exception in paragraph (c) oft this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as as substantial or essential component ofany system, or as critical technology of any system; C. Enter into, extend, or renew contracts with entities that use covered elecommunications equipment or services as a substantial or essential component ofany system, or as critical technology as part of any system; or d. Provide, as part ofits performance oft this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Exceptions. 1. This clause does not prohibit contractors from providing a. A service that connects to the facilities ofa third-party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. C. By necessary implication and regulation, the prohibitions also do not apply to: d. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. e. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. Reporting requirement. 1. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: i. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (ifknown); supplier Commercial and Government Entity (CAGE) code (ifknown); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use oT submission of covered telecommunications equipment or services. Federal Fair Labor Standards Compliance Engineering firm certifies by entering into this service agreement that all employees ofthe firm have been properly classified under the Fair Labor Standards Act. Subcontracts. The Contractor shall insert the substance oft this clause, including this paragraph, in all subcontracts and other contractual instruments. 99 6. NORTH CAROLINA CONTRACT PROVISIONS a. E-Verify Compliance (N.C.G.S. S 64-25 et seq.) Engineer certifies compliance with North Carolina E-Verify requirements. b. Iran Divestment Act (N.C.G.S. S 147-86.55 et seq.) Engineer certifies that it is not on the Iran Divestment List maintained by the North Carolina State Treasurer. C. Divestment from Companies Boycotting Israel (N.C.G.S. S 147-86.80) Engineer certifies that it is not on the list of entities that boycott Israel. d. Insurance Requirements Engineer shall maintain insurance coverage throughout the term of this Agreement as follows: Commercial General Liability Insurance: Not less than $1,000,000 per occurrence and $2,000,000 aggregate. Workers' Compensation Insurance: Statutory limits for the State ofNorth Carolina and Employers Liability Insurance with limits not less than $500,000. Business Automobile Liability Insurance: Covering all owned, non-owned, and hired vehicles with a combined single limit of not less than $1,000,000 per accident. Professional Liability (Errors and Omissions): Not less than $1,000,000 per claim. All insurance policies shall name the Town of Burnsville as an additional insured (excluding workers' compensation and professional liability), and shall include a waiver of subrogation in favor, oft the Town of Burnsville. The Engineer shall provide certificates ofinsurance prior to commencing services and upon renewal. The Town of Burnsville shall be notified in writing of any lapse in insurance coverage. All required coverage shall remain in effect for a period of not less than two (2) years after the completion of the project. e. Governing Law This Agreement shall be governed by the laws of the State of North Carolina. f. No Assignment The Engineer shall not assign, transfer, or subcontract this Agreement or any ofits rights or obligations hereunder without the prior written consent of the Town of Burnsville. g. Public Records The Engineer acknowledges that all records, documents, and information submitted to the Town ofE Burnsville, "Owner" or created in connection with the performance oft this Agreement may be subject to the North Carolina Public Records Act (N.C.G.S. Chapter 132). The Engineer shall cooperate with the Town in responding to public records requests, and any claim of confidentiality must be clearly marked and justified as provided by law. The Town shall not be liable for disclosure of records required to be disclosed by law. h. Non-Appropriation Notwithstanding any provision herein to the contrary, ifi funds are not appropriated or otherwise made available by the Town for continuation ofthis Agreement, the Town may terminate this Agreement by providing written notice to the Engineer. In such event, the Town shall be liable only for payment for services rendered prior to the effective date oft termination. i. Independent Contractor The Engineer is and shall remain an independent contractor. Nothing in this Agreement shall be construed to create an mployer-employee relationship between the Town and the Engineer or any ofits employees, agents, or subcontractors. 7. TASK ORDERS Each Task Order shall include: Detailed scope of work Schedule and milestones Fee and payment terms with a not to exceed amount clearly stated Specific FEMA or state grant compliance requirements 8. DISPUTE RESOLUTION The parties agree to attempt in good faith to resolve any dispute arising under or related to this Agreement through the following steps: a. Negotiation The parties shall first attempt to resolve the dispute through informal negotiations between designated representatives of each party. b. Mediation Ift negotiation fails, either party may request non-binding mediation, to be conducted in North Carolina, using a mediator mutually agreed upon. The cost ofi mediation shall be shared equally. C. Legal Action Ifmediation is unsuccessful or not pursued, either party may bring legal action. Any such legal proceeding shall be instituted and maintained in the General Court ofJustice in Yancey County, North Carolina, and the parties hereby submit to the jurisdiction and venue of such courts. d. Continued Performance Unless otherwise agreed, the Engineer shall continue performing its obligations under this Agreement during the dispute resolution process. e. Equitable Relief Nothing in this section shall preclude either party from seeking immediate injunctive or other equitable relief when necessary to prevent irreparable harm. f. Governmental Immunity Nothing in this section shall diminish, waive, or negate any governmental or sovereign immunity to which the Town of Burnsville is entitled under North Carolina law. 9. AMENDMENTS This Agreement may be amended only by a written document executed by both parties. Any amendment must be approved by the governing board of the Town ofl Burnsville before taking effect. 10. OWNERSHIP OF WORK PRODUCT All work product developed or prepared by the Engineer in connection with this Agreement shall remain the property oft the Engineer. However, the Town shall be entitled to receive reproducible copies, record drawings, specifications, maps, and any other relevant documents necessary for the use and operation ofthe infrastructure designed or analyzed under this Agreement. 11. ENTIRE AGREEMENT This Agreement, together with any exhibits and/or Task Orders, constitutes the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first written above. OWNER: Town of Bupmyville By: LA Ruoell Ky Name: Title: ENGINEER: McGill Assoçiates, PA By: Mo M Name: Mark Cathey, PE Title: Vice President/Regional Manager NORTH CAROLINA PREAUDIT CERTIFICATE This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kali Good Finance Director Town ofBurnsville Date: 5-20-25 Individual Certifications for FEMA- Funded Federal Projects Date: May 22, 2025 Debarment and Suspensien Certificatien In accordance with 2 CFR Part 180 and 2 CFR Part 3000, the Contractor certifies that neither it nor any ofits principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Contractor further agrees to verify the eligibility ofall subcontractors and lower-tier participants and to include a similar term or condition in any covered transaction. Entity Name: McGill AssociatesPA Authorized Representative Name: Mark Cathey, PE Title: Vice President/Regional Manager Signaturer MMat Date: May 22, 2025 Byrd Anti-Lobbying Amendment Certification As required by 31 U.S.C. S 1352 and implemented at 44 CFR Part 18, the undersigned certifies, to the best oft their) knowledge and belief, that: (1) No Federala appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee ofa an agency, a Member of Congress, or an employee ofa Member of Congress in connection with the awarding ofa any Federal contract. (2) Ifany non-Federal funds are used forlobbying, the undersigned shall complete and submit Standard Form-LLL, Disclosure of Lobbying Activities.' Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey, PE Title: Vice President/Regional Manager Mau aA Signature: Date: May 22, 2025 Drug-Free Workplace Certification Pursuant to the Drug-Free Workplace Act of 1988 (41 U.S.C. S 701), the Contractor certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited; (b) Establishing a drug-free awareness program; (c) Notifying the Federal agency of any employee conviction for a violation occurring in the workplace; and (d) Taking appropriate personnel action against such an employee. Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey, PE Title: Vice President/Regional Manager Signature: La Date: May 22, 2025 Civil Rights Compliance / Equal Employment Opportunity Certification The Contractor certifies compliance with Title VI oft the Civil Rights Act of 1964 (42U.S.C. S 2000d et seq.), Section 504 of the Rehabilitation Act of1 1973, Title IX of the Education Amendments of 1972, the. Age Discrimination Act of 1975, and all other applicable federal nondiscrimination statutes and regulations. The Contractor: agrees to ensure that no person is excluded from participation, denied benefits, or otherwise discriminated against on the basis ofrace, color, national origin, sex, age, or disability. Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey, PE Title: Vice President/Regional Manager A Signature: Date: May 22, 2025 Clean Air Act and Federal Water Pollution Control Act Certification As required under 2 CFR Part 200 and applicable law, the Contractor certifies that it complies with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. S 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. S 1251 etseq.), as amended. Violations must be reported to the Federal awarding agency and the Regional Office of the EPA. Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey, PE Title: Vice President/Regional Manager - A Ma Signature: Date: May 22, 2025 Domestic Preferences for Procurements Certification (BABA) As required by the Build America, Buy America Act (BABA), part of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), the Contractor certifies that all iron, steel, manufactured products, and construction materials used in infrastructure projects are produced in the United States, unless a waiver has been granted. Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey, PE Title: Vice President Regional Manager / Signature: Date: May 22, 2025 Contract Work Hours and Safety Standards Act (CWHSSA) Certification Pursuant to 40 U.S.C. SS 3701-3708, the Contractor certifies that laborers and mechanics (including watchmen and guards) employed in the performance ofthis contract will be paid at: a rate ofnot less than one and one-half times their basic rate of pay for all hours worked over forty in a workweek. Violations will be reported to FEMA and may result in penalties. Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey,PE Title: Vice President/Regional Manager Signature:s Mai h Date: May 22, 2025 Copeland Antil-Kickback" Act Compliance Certification In compliance with 29 CFR Part 3, the Contractor certifies that it will noti induce, by any means, any person employed. in the construction, prosecution, completion, or repair of public work to give up any part of the compensation to which they are otherwise entitled. Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey, PE Title: Vice President/Regional Manager AL Signature: Date: May 22, 2025 E-Verify Certification (if applicable) The Contractor certifies that it uses the E-Verify system to confirm the employment eligibility ofa all employees assigned to the federally funded project, as required by federal or applicable state law. The Contractor further agrees to ensure that all subcontractors also use E-Verify where required. Entity Name: McGill Associates PA Authorized Representative Name: Mark Cathey, PE Title: Vice President/Regional Manager Signature: Mah Date: May 22, 2025 IRAN DIVESTMENT ACT CERTIFICATION As required by N.C.G.S. $147-86.59, the undersigned certifies that the entity named below is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to the Iran Divestment Act of 2015. The undersigned understands that the State Treasurer's Final Divestment List is updated regularly and is available on the North Carolina Department of State Treasurer's website at: https://www.nctreasurer.com. The undersigned also understands that contracting with a company on the Final Divestment List is prohibited and that any such contract is void under North Carolina law. Entity Name: McGill Associates PA Authorized Representative: Mark Cathey, PE Title: Vice President/Regional Manager Marh 1 - Signatures Date: May 22,2025 ISRAEL BOYCOTT CERTIFICATION Pursuant to N.C.GS.5147-86.81, the undersigned certifies that the entity named below is not identified on anyl list maintained by the North Carolina State Treasurer ofcompanies engaged in a boycott of Israel. The undersigned understands that North Carolina law prohibits the State and its political subdivisions from contracting with companies that are on such a list. The indersigned further affirms that they will notify the State if, during the term ofthe contract, the company is placed on the list of companies that boycott Israel. Entity Name: McGill Associates PA Authorized Representative: Mark Cathey, PE Title: Vice President/Reglonal Manager Signature: Date: May 22, 2025 EXHIBIT B STANDARD NORTH CAROLINA LOCAL GOVERNMENT CONTRACTUAL TERMS & CONDITIONS RIDER (the "LGR") THIS LGR is hereby made and entered into by and between TOWN OF BURNSVILLE (the "Town") and any and all parties entering into any contract, memorandum of understanding, or other agreement of any kind, for the provision of goods, services, or other consideration of any kind, to the Town referencing its existence or inclusion as a part thereof. Any such instrument(s) together with any and all exhibits, addenda, riders and/or any other instruments attached to, or incorporated by reference therein, shall be collectively referred to hereinafter as the "Contract". WITNESSETH: WHEREAS, Town is a body politic ofi the State of North Carolina, subject by operation of law to certain additional rules, regulations, and laws applicable to public and/or governmental bodies including without limitation certain operational and contractual requirements; and WHEREAS, the risk of financial default under a contract entered into by such a governmental body is substantially lower than the ordinary risk of financial default attributable to private or commercial entities; and WHEREAS, Town has established this LGR for the non-exclusive purposes of expediting its contract review and approval process, to document notice of its governmental status, and to protect its citizens and the public at large from illegal or unfair obligations otherwise imposed under certain adhesion contracts; and WHEREAS, Town is prohibited by applicable law from executing the Contract without modification by this LGR, or has otherwise determined it is not in the best interests ofi its citizens and the public at large to do SO without the additional terms and conditions of this LGR being made a part thereof. NOW THEREFORE, in exchange of the mutual covenants made herein, and for other good and valuable consideration exchanged between the parties, the sufficiency of which is hereby acknowledged, including but not limited to the inducement of Town to enter into the Contract as modified by this LGR, the parties agree as follows: PART A: AMENDED CONTRACT TERMS: 1. Contract Incorporation: THE TERMS AND PROVISIONS OF THIS LGR SHALL. BE DEEMED FULLY AND COMPLETELY INCORPORATED INTO, AGREED TO, AND ACCEPTED BY, ALL PARTIES ENTERING INTO ANY CONTRACT WHICH REFERENCES THEIR EXISTENCE IN ANY WAY; including to the fullest extent permitted by law, incomplete or non-specific references to their existence where any party could with reasonable due diligence have ascertained the existence and content of its terms. Each party entering into any such Contract further agrees that the incorporation oft this LGR into the terms and conditions of the Contract shall be deemed to be a MATERIAL CONDITION PRECEDENT to Town's acceptance of such Contract, and to the validity and enforceability of said Contract against Town by any party thereto. Partial performance by any party under such a Contract without formal execution thereof, shall be considered as agreement to, and acceptance of, these LGR terms and conditions. 2. Contractual Conflict & Precedence: NOTWITHSTANDING ANY STATEMENT ORI PROVISION WITHIN THE CONTRACT TO THE CONTRARY, AND EXCEPT FOR ANY "ADDITIONAL TERMS & CONDITIONS" AGREED TO BETWEEN THE PARTIES PURSUANT TO THE IMMEDIATELY FOLLOWING PARAGRAPH, THE TERMS AND CONDITIONS OF THIS LGR SHALL SUPERSEDE, CONTROL OVER, AND PREVAIL IN THE EVENT OF ANY CONFLICT WITH ANY DIFFERING OR CONTRARY TERMS OR CONDITIONS OF THE CONTRACT. Except to the extent they are inconsistent with or modified by this LGR, the terms and conditions of the contract shall remain in full force and effect. 3. Additional Terms & Conditions: To the extent the parties require any additional or specific modifications or amendments to the Contract, or to this LGR itself, the same shall be reduced in writing and attached to the Contract labeled as "Additional Terms & Conditions" which shall clearly reference the Contract to which it applies, shall state that it takes precedence over, and shall control in the event of any conflicts with, both the Contract and any 'Local Government Rider", and shall be separately signed by all parties concurrently with their execution of the Contract instrument(s). PART B: STANDARD LOCAL GOVERNMENT PROVISIONS: 1. Public Records & Confidentiality: Town is required to comply with certain applicable statutes of the State of North Carolina regarding open meetings and/or open records. Notwithstanding anything to the contrary within the Contract, Town shall not be liable to any party for disclosing the Contract, or any documents or communications made or received in relation thereto, to any third party or the public at large, if such disclosure is made by Town in a good faith effort within its sole discretion, to comply with any public records request or other applicable laws. 2. Limitation on Contractual Authority: Only the Town Council, or its designee or another agent specifically designated in writing by either to exercise their respective authority related to the Contract shall be authorized to enter into, modify, or otherwise bind the Town to the Contract in any way. Any such action shall be taken only by the signed written consent thereof, and no party shall rely upon any verbal communications, or otherwise upon the authority of any other agent of the Town in lieu thereof. This provision shall apply to prevent any inadvertent or passive modifications to the terms of the Contract through communications between the parties as may otherwise be allowed by law, including but not limited to any such provisions of the North Carolina Uniform Commercial Code, if applicable. 3. Limitation Upon Partial/Progress Payments for Goods/Materials to be Delivered: Payment (partial or otherwise) for any physical goods or materials to be provided to the Town pursuant to the Contract, shall not be due or owed by the Town until after actual delivery and acceptance of any such physical items. 4. E-Verify Certification: At all times during gerformance of the Contract, all parties shall fully comply with Article 2 of Chapter 64 of the General Statutes, and shall ensure compliance by any subcontractors utilized. All parties shall execute an affidavit verifying such compliance upon request by Town. 5. Iran Divestment Act Certification and Israel Boycott list: All parties executing this Contract thereby affirm they are not listed on the Final Divestment List created by the State Treasurer pursuant to NCGS 143-6A-4, or the Boycott of Israel List created by the NC State Treasurer pursuant to the provisions of NCGS 147-86, nor: shall they utilize any subcontractor in the performance of the Contract that is identified upon said list. 6. Constitutional Limitation on Town Indemnification: The parties acknowledge and understand that an unlimited indemnification by Town constitutes a violation of the North Carolina Constitution, and is void and unenforceable by operation of law. Any indemnifications given by Town to any party under the Contract shall be deemed to be given only to the fullest extent allowed by law. 7. Contingent umangnoAppopraton: Clause: Notwithstanding anything to the contrary within the Contract or this LGR, all financial obligations oft the Town under the Contract are dependent upon, and subject to, the continuing allocation of funds by the Town Council for such purpose. The Contract shall automatically terminate if such funds cease to be allocated or available for any reason. 8. Not to Exceed (NTE) Cap: Unless otherwise approved in writing by Town, the total amount of compensation payable by Town to all parties under the Contract during each fiscal year of Town (running from July 1 to June 30 of the following calendar year) shall not exceed the amount, ifany, which is specifically listed within the Contract as "Total annual compensation hereunder Not to Exceed the dollar amount listed in any Task Order for the term of the agreement, without Town Council's or their designee's prior written approval". This amount is the total combined budget normally allocated fori the services rendered under the Contract, and may be increased unilaterally by Town from time to time, only through the written approval of the Town Council or their designee which may be given via email. 9. Independent Contractor. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venture with the Town for any purpose. The Contractor is and will remain an independent contractor in their relationship to the Town. The Town shall not be responsible for withholding taxes with respect to the Contractor's compensation hereunder. The Contractor shall have no claim against the Town hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 10. Preaudit & Purchasing Policy Notices: Per NCGS 5 159-28 no contract with a local government including Town requiring the payment of any public funds is valid unless properly preaudited in the manner required by said statute. The Contract must contain a Preaudit Certificate signed by the Town Finance Officer or their Deputy which shall take the substantially the following form "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Failure to obtain a preaudit upon the Contract makes the contract invalid and unenforceable per North Carolina state law. Additionally, no obligation for any goods sold or services rendered to Town is validly enforceable without a valid signed contract, or a signed Purchase Order for such goods or services. Contact the Town Finance Office at 828-682-2420 with any questions or for further information related to this provision. PART C:OTHER GENERAL PROVISIONS Notwithstanding anything within the Contract to the contrary: 1. Choice of Law and Forum: This Contract is made and entered into in Yancey County, North Carolina and shall be governed by and construed in accordance with North Carolina law. Any claim for breach or enforcement of this Contract shall be filed in the appropriate court located in the jurisdiction of Yancey County, North Carolina. 2. Construction & Headings: No rule of construction shall apply against any party as the drafter of the Contract which is the result of an arms-length negotiation between the parties. The ites/aptions/neadings of any and all portions of the Contract are intended for reference purposes only, and shall not be deemed to affect the meaning or interpretation ofthe Contract terms and conditions. 3. Merger: The Contract is the entire agreement between the parties with respect to the foregoing matter and there are no other verbal or written agreements with respect thereto between the parties which have not been reduced to writing and specifically incorporated into the Contract. 4. Modification: No modifications of the Contract shall be valid unless reduced to writing signed by all parties hereto. 5. Severability: The provisions of this Contract are intended to be severable. Any and all provisions of this Contract that are prohibited, unenforceable, or otherwise not authorized in any. jurisdiction shall, as to such portion and/or jurisdiction only, be deemed ineffective to the extent of such prohibition, unenforceability, or non-authorization, without invalidating the remaining provision(s) hereof in such jurisdiction, or affecting the continuing validity, enforceability, or legality hereof in any other jurisdiction. 6. Signature Warranty: Any party executing the Contract as a corporate or other legal entity represents to the other parties hereto that such entity is duly organized, validly existing, and in good standing under the laws.of the State of North Carolina or otherwise under the laws of the state ofi its formation, and is qualified to transact the business contemplated herein within the state of North Carolina, and further that any such party executing the Contract on behalf thereof, has the full power and authority to do SO without any further authorization being required from any party, and thereby legally binds said entity to the terms and conditions of this Contract. 7. Additional Limitation of Scope of Town Indemnification: If applicable, any indemnification given by Town shall be deemed and further limited to indemnify against claims or actions arising from the action or inaction of Town's own officers, officials, employees or agents only; and shall not be deemed to indemnify any party against claims or actions arising from any action or inaction of any other parties. 8. Waiver of Consequenta/Punitve Damages: Under no circumstances whatsoever, shall any party be entitled to recover, and all parties hereby waive their right to seek, any indirect, punitive, special or consequential damages of any kind whatsoever, incurred in connection with any breach of the Contract. Notwithstanding the foregoing, the reasonable costs incurred in connection with successfully enforcing the Contract against another party, including court costs, fees, and reasonable attorneys' fees associated therewith shall be recoverable by such a prevailing party. 9. Savings Provision: Town shall not be held in default of the Contract or otherwise deemed in breach thereof, unless it has first failed to cure any condition causing such default within fifteen days (15) days written notice thereof by the party alleging such default. IfTown cures any default within that period, no breach of the Contract shall be deemed to have occurred. 10. Electronic and/or Duplicate Execution & Order of Execution: The Contract may be executed in multiple counterparts, in which event each executed copy shall be deemed an original document as between the parties. An electronic signature and/or copy of the Contract shall have the same force and affect as the original. Due to the need to comply with statutory auditing requirements, all parties contracting with Town shall execute the Contract first and deliver a fully signed copy thereof (preferably via electronic form) to the Town for its counter-execution and delivery of a fully signed copy to all parties. SIGNATURES: ATTEST: Town of Burnsville: - a BY: TBnu Ay TOWNELERK Title: mayor Date: 5-22-25 McGill Associates a BY: Mark Cathey, PE Title: Vice President/Regional Manager Date: May 22, 2025 "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." ooli Gond Finance Director, Town of Burnsville Date: Sad-os Docusign Envelope ID: 616F4FB0-56F 43DF-B266-AZA4504DE745 WithersRavenel Our People. Your Success. May 16, 2025 Heather Hockaday, Town Manager Town of Burnsville 2 Town Square Burnsville, NC RE: Amendment No # 1 Burnsville CDBG-I Interceptor Engineering Burnsville, NC WR Project No. 02210813.10 DWI Project No. 16-1-3154 & 20-1-3604 Dear Ms. Hockaday. As we have discussed, the recently completed CDBG sewer interceptor rehabilitation project required additional Construction Administration effort due to the value engineering efforts required to reduce the initial bid amount to within the project budget, the "find and fix" nature of portions of the work completed, and the 22-week contract time versus the original 16-week contract time. Additionally, a small amount of Construction Observation time was required beyond what was initially budgeted for the project due to the increased contract time. WithersRavenel is respectfully requesting additional compensation for the additional work provided to ensure the success of the project. If you have any questions or concerns about this amendment, please do not hesitate to call me at the number listed below. Sincerely, WithersRavenel Dal. - Bollon Dana Bolden, PE, Senior Project Manager, Utilities bolcenewtherravematcon Ph. 828.734.8150 I Direct. 919.238.0313 84 Coxe Avenue, Suite 260 Asheville, NC 28801 t: 828.255.0313 Iywwwinerraveneicom I License No. F-1479 Asheville Cary - Charlotte I Greensboro - - Pittsboro I Powells Point Raleigh I Southern Pines Wilmington Docusign Envelope ID: 616F4FB0-56F6-43DF-B266-A2A4504DE745 WithersRavenel Our People.) Your Success. Town of Burnsville CDBG- Interceptor Engineering Burnsville, North Carolina Amendment No. 1 A. Amendment Description This amendment is intended to provide an amended scope of services and associated fees to provide consulting services per request of Town of Burnsville and formalize an amended agreement for the implementation and logistics for these services. This amended agreement is based on the project site located in Yancey County, Burnsville, North Carolina. B. Timeline for Services Consultant will begin work upon receipt of executed Amendment and written notice to proceed from the Client. Estimated timeframe(s) for the basis of the services described in the Scope of Services are shown below. Milestone Description Date Grant Contract with DWI Executed by all Parties 10/25/2021 Engineering Report Submitted and Received by DWI 12/06/2021 Environmental Review Record (ERR) and Request for Release 03/31/2022 of Funds (RROF) Submitted to DWI Funding Approval Conditions Submitted to DWI 03/31/2022 Engineering Report Approved by DWI 03/31/2022 Environment Review Record (ERR) and Request for Release of 05/02/2022 Funds (RROF) Approved by DWI Companion Grant Contract Expiration 05/31/2022 Bid and Design Package Submitted and Received by DWI 2/1/2024 Bid and Design Package Approved by DWI 6/1/2024 Bid Information Submitted (Itemized Bid Tabulation, etc.) to 10/1/2024 DWI Executed Construction Contracts (Submit e-copies of Construction Agreement, Notice of Award, Notice to Proceed 11/1/2024 and Project Schedule) Grant Contract Expiration Date 5/30/2025 Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Pagel 12 Docusign Envelope ID: 616F4FB0-56F6-43DF-B266-A2A4504DE745 WithersRavenel Our People. Your Success. Final Report and Final Reimbursement Submitted and 5/30/2025 Received by DWI Grant Closeout 6/11/2025 1. From the milestone time frames and factoring in variability in the approval process, Consultant estimates the total project timeframe for the Scope of Services to be 38 months. 2. The estimated timeframe(s) may be impacted by, among other things: a. Timeliness and additional permit and/or plan reviews of review agencies; b. Timeliness and accuracy of information provided by the Client and Client consultants. 3. Timeframe through construction will vary based on: a. The Client's schedule and phasing; b. Contractor's progress and adherence to completion date; C. Client and/or Agencies requesting additional work. 4. If available, opportunities to adjust these estimated timeframes can be discussed. Implementation of agreed-upon adjustments may result in adjustments to Consultant fees. 5. Certain tasks, such as reviews and approvals, are performed by third parties, including governmental agencies, over which neither Client nor Consultant have control or responsibility. As such, neither party is responsible for delays or the resulting cost impacts caused by third parties. C. Scope of Services Consultant shall provide the services identified under each task below as its "Basic Services" under the Amendment. Task 1 - Project Management No change to this task. Task 2 - Engineering Report No change to this task. Task 3 - Surveying No change to this task. Task 4 - Design No change to this task. Task 5 - Permitting No change to this task. Task 6 - Bidding No change to this task. Task 7 - Construction Administration A. As construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Pagel 3 Docusign Envelope ID: 616F4F80.S6F6430F-8 3266-A2A4504DE745 WithersRavenel Our People. Your Success. by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the engineering standards for the PROJECT and shall not give rise to a claim against a contractor's failure to hold in accordance with the applicable plans, specifications or standards. B. For the purposes of this agreement and the fee estimate for the Construction Administration and Construction Observation Tasks, WR estimates the Construction Contract Time for the PROJECT to be sixteen (16) weeks. C. Execution of the Construction Contract- CONSULTANT will assemble the contract documents for and assist the CLIENT with the execution process between CONTRACTOR CONTRACTOR) and the CLIENT. D. Pre-Construction Conference Agenda and Meeting- CONSULTANT will attend ( or organize and lead) the Pre-Construction Conference (estimated one (1), two (2) hour meeting attended by three (3) WR staff). The Pre-Construction Conference will be held virtually. At the pre- construction conference, procedural guidelines and specific PROJECT requirements will be discussed with the CONTRACTOR. Among the items to be addressed are correspondence distribution, shop drawing and scheduling procedures, Notice-to-Proceed date, critical schedule requirements, payment procedures, staging areas, emergency procedures, survey control requirements, quality control procedures and requirements, and coordination with quality assurance testing. Prior to the meeting, the CONSULTANT will prepare and distribute one (1) Pre-Construction Conference Agenda. Once the meeting has occurred the CONSULTANT will provide a meeting summary to the CLIENT and the CONTRACTOR. The CLIENT shall also distribute two (2) sets of the conformed drawings to the CONTRACTOR. The CONTRACTOR shall be responsible to provide its Sub-Contractors with the meeting summary(s). Upon completion of the pre-construction conference, the CONSULTANT will Issue official "Notice to Proceed" to the CONTRACTOR. E. Construction Contract Administration - CONSULTANT will act on behalf of the CLIENT and act as its representative during the estimated twenty-two (22) weeks (150 calendar day) construction period. CONSULTANT will provide an estimated one (1) hour per week of contract administration during the construction period. This task includes: 1. Carry out the duties and responsibilities as CONSULTANT as stated in the General Conditions and Supplemental Conditions of the construction contract; on behalf of the CLIENT, CONSULTANT shall administer the construction contract, respond to CONTRACTOR correspondence, issue instructions from the CLIENT, and maintain a complete document file for the PROJECT. Documents to be maintained include, but are not limited to correspondence, quality control procedures, daily observation records, shop drawing schedule, shop drawing and submittal log, change orders, scheduling, PROJECT meetings, costs and disbursement data, and progress reports. CONSULTANT will supervise and manage the work performed by the Resident Project Representative (RPR) during construction. F. Progress Meetings- During the estimated construction period, CONSULTANT will hold an estimated three (3), two (2) hour monthly progress meetings from Notice-to-Proceed through Substantial Completion (to be attended by two (2) WR staff). These meetings will be held virtually. In these meetings, the CLIENT, CONSULTANT, and the CONTRACTOR will address such items including but not limited to schedules, coordination problems, design issues, construction issues, pending change orders, outstanding shop drawings and other submittals, procurement delays, material or construction issues, and other issues related to completion of the PROJECT. G. Based on on-site observations by CONSULTANT and RPR, CONSULTANT will keep the CLIENT informed of the progress of the work and may recommend to the CLIENT to disapprove or reject work that does not conform to the Contract Documents. H. Shop Drawing and Submittals Review- CONSULTANT will review and respond to Shop Burnsville CDBG-1 Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Pagel 14 Docusign Envelope ID: 616F4FB0-56F6-43DF-B266-AZA4504DE745 WithersRavenel Our People. Your Success. Drawings and submittals which the CONTRACTOR is required to submit for conformance with the design concept and compliance with the information given in the Contract Documents; CONSULTANT will transmit one copy (Hardcopy or Digital) of shop drawings to the CLIENT with written comments. Included in the shop drawing review is the assessment of alternates proposed by the CONTRACTOR. Alternate requests will be reviewed for conformance with the Contract Specifications. This subtask assumes the review and response to up to ten (10) sets of Shop Drawings and up to two (2) reviews and responses to other submittals (estimated sixteen (16) hours to complete). I. Review Pay Requests- Based on the on-site observations, information provided by the RPR, and review of the applications for payment (estimated seven (7) pay requests, and one (1) final pay request at five (5) hours per request) and the accompanying data and schedules, CONSULTANT will assess the percentage of PROJECT completion by the CONTRACTOR and recommend payments to the CONTRACTOR in the appropriate amount. J. By recommending payment, CONSULTANT shall not thereby be deemed to have represented those observations made by CONSULTANT to check the quality or quantity of CONTRACTORS Work as it is performed and furnished have been exhaustive, extended to every aspect of CONTRACTOR'S Work in progress, or have involved detailed inspections of the Work beyond the responsibilities specifically assigned to CONSULTANT in this Agreement. Neither CONSULTANT'S review of CONTRACTOR'S Work for the purposes of recommending payments nor CONSULTANT'S recommendation of any payment including final payment will impose on CONSULTANT responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or CONTRACTOR'S compliance with Laws and Regulations applicable to CONTRACTORS furnishing and performing the Work. K. Change Orders and Time Extensions- CONSULTANT will provide contract administration services in connection with changes to the construction contract that reflect minor changes or deletions requested by the CLIENT, CONSULTANT, or the CONTRACTOR. CONSULTANT will maintain a listing of additional costs and credits as a result of change orders. CLIENT: agrees to review up to four (4) change orders prepared by CONSULTANT and issue a directive on its opinion of the change order in writing. Larger changes or claims asserted by the CONTRACTOR and/or redesigns, analyses, or evaluation that are beyond the scope of this Scope of Services or required through no fault of CONSULTANT * requested by the CLIENT or CONTRACTOR, shall be considered Additional Services. L. Post Construction CCTV Review After substantial completion of the PROJECT, the CONSULTANT shall review the post construction Closed Circuit Television (CCTV) surveys of the sewer lines that have been rehabilitated, repaired, or replaced with this PROJECT. The CONSULTANT shall make a punch list of all deficiencies and defects and submit it to the contractor to make repairs. A copy of this punch list will also be sent to the CLIENT for review. M. Final Walk-Through and Certification CONSULTANT will conduct one initial walk-through review with the CONTRACTOR and the RPR to determine if the PROJECT has reached substantial completionand prepare a punch list of work items needed to meet final completion. After the CONTRACTOR has addressed the items in the punch list, CONSULTANT will conduct one final walk-through review to determine if the work is acceptable and is in substantial conformance with the drawings and specifications to the best of CONSULTANT'S knowledge. Once CONSULTANT and CLIENT deem the work to be acceptable and in substantial conformance with the drawings and specifications (to the best of CONSULTANT'S knowledge), CONSULTANT can provide written notice of such to the CLIENT. Additionally, CONSULTANT can recommend final payment to CONTRACTOR as appropriate. Additionally, CONSULTANT can certify that the PROJECT was built within substantial conformance with the drawings and specifications (to the best of CONSULTANT'S knowledge), but only if: Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Page/5 Docusign Envelope ID: 616F4FB0-56F6-3DF-B266-A2A4504DE745 WithersRavenel Our People. Your Success. 1. CONSULTANT has been allowed to observe construction activities, startup, and testing which he deems appropriate. 2. CONSULTANT determines that his observations support that the construction was carried out satisfactorily. 3. Known nonconforming construction has been satisfactorily corrected. N. Standards of Performance- CONSULTANT shall not at any time supervise, direct, control, or have authority over any CONTRACTORS work, nor shall CONSULTANT have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any CONTRACTOR, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a CONTRACTOR to comply with Laws and Regulations applicable to that CONTRACTORS furnishing and performing of its work. CONSULTANT shall not be responsible for the acts or omissions of any CONTRACTOR. O. CONSULTANT neither guarantees the performance of any CONTRACTOR nor assumes responsibility for any CONTRACTOR'S, failure to furnish and perform the Work in accordance with the Construction Contract Documents. P. CONSULTANT shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by CONSULTANT or its CONSULTANTS. Task 8 - Construction Observation Resident Project Representative- CONSULTANT will provide a Resident Project Representative (RPR) as a service to the CLIENT. The duties are as follows: 1. Observe if the construction is proceeding according to the Drawings and Specifications. 2. Document the work in daily field observation reports. 3. Document weather conditions as well as the ability of the CONTRACTOR to perform the work. 4. The Task assumes that the RPR will provide, on average, twenty (20) hours per week of periodic general observation to total 320 hours. Periodic observations may be performed during non-critical stages of construction that include activities such as clearing, stripping, erosion and sediment control, miscellaneous grading, and seeding to monitor CONTRACTOR progress. Any additional time beyond the budgeted hours due to PROJECT delays will be considered additional services. 5. The effort for this Task is based on a forty (40) hour work week, Monday through Friday for the estimated sixteen week construction period. If the CONTRACTOR desires to work more than forty (40) hours per week and/or on weekends, the additional RPR effort and expenses shall be considered additional services. 6. CONSULTANT has no control over inclement weather, the sequence, productivity, and, most importantly, the timing with which the CONTRACTOR will complete the work, and thus the number of field observation hours may differ from the hours estimated. CONSULTANT will only be paid for the actual number of RPR hours worked. A day-by-day log will be kept of RPR hours SO that the CLIENT can track the expenditure of these hours. If conditions of the Contract or the scope of the work defined in the Contract between the CONTRACTOR and the CLIENT is modified, such that the contract time is extended, then CONSULTANT reserves the right to negotiate an increase in the budget for this task. Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Page/6 Docusign Envelope ID: 616F4FB0-56F6-43DF-B266-A2A4504DE745 WithersRavene! Our People. Your Success. If, through no fault of CONSULTANT, such periods of time or dates are changed, or the orderly and continuous progress of CONSULTANT'S services is impaired, or CONSULTANT'S services are delayed or suspended, then the time for completion of CONSULTANT'S services, and the rates and amounts of CONSULTANT'S compensation, shall be adjusted equitably. Task 9 - Project Closeout No change to this task. D. Exclusions/Additional Services Services that are not included in the Scope of Services or are specifically excluded from this Amendment (see below) shall be considered Additional Services if those services can be performed by Consultant and its agents if requested in writing by the Client and accepted by Consultant. Additional services shall be paid by the Client in accordance with the Fee & Expense Schedule. The exclusions are described below but are not limited to the following: General Traffic Impact Analysis; All plan submittal, review, or permitting fees; Signalization Studies; Any work previously provided in other Hydrant flow determination and hydraulic agreements; analyses; Any other services not specifically listed within Existing sewer hydraulic analyses; the Scope of Services. Town or regulatory approvals; Special & Conditional Use Permits; Geomatics Services Services During Construction Annexation Plats Boundary/opographic Surveys; Engineer's Opinion of Costs; Tree survey/cover report by Registered Bidding/negotiation services; Forester; Paya application reviews; Subsurface Utility Engineering (SUE); Change order reviews; Surveys for off-site improvements; Shop Drawing review; Platting services; RFI's during bidding; Plot Plans; Construction administration; ALTA Surveys; Construction management; GIS mapping services; Dry utility coordination/design: Construction staking NPDES monitoring/reporting: Building staking; Loan draw certifications; As-built (record drawing) surveys; Bonds and Bond Estimates; Easements, Easement/ROW Plats; Record drawings/as-buits; Engineer Certifications; Environmental Services O&M/SWMP Manuals; Historic Resources Survey; Stormwater Services Endangered Species' Habitat survey; Wetland Delineations; Stormwater Management Plan; Wetland/Buffer Determinations; Stormwater Pollution Prevention Plan (SPPP) Phase I& II ESA's; update or revision; Secondary containment designs; Offsite/Specialty SCM design; Development agreements; Culvert design; Homeowner association documents; Dam inspection, engineering, or analysis; Utility allocation agreements; Dam breach analysis; Preparation of electronic file suitable for GPS Flood studies, floodplain permitting or machine control; coordination with FEMA (such as for a LOMR- Expert witnesses; F, CLOMR/LOMR, etc.); Soil investigations (such as Seasonal high- Planning/Studies water table determinations; Entitlement services; Soil Media Mix Testing and Gradation Variance and Quasi-Judicial processes; Certification; Off-site Sewer Analysis. Downstream impact analysis; Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Pagel 17 Docusign Envelope ID: 616F4FB0-56F6-43DF-B266-AZA4504DE745 WithersRavenel Our People. Your Success. Nutrient calculations; Site Plans; Peak flow analysis; Construction Drawings; SCM conversion; Technical specifications; Permitting Services Contract documents; Building permits and associated work; Record (As-Built) Plans; Erosion Control permits; Lot Matrix; Water/Sewer permits; 401/404 permitting; Design Services Floodplain Development permit; Detailed Builder focused lot fit matrix; NCDOT permitting; Detailed lot grading; o Sign permitting; Off-site improvements; Offsite utility or road improvements; Landscape Architecture Services Pump Station design and permitting; Landscape layout and design; Forcemain design and permitting; Irrigation design; Reclaim waterline design; Hardscape design; LEED certification coordination; Enhanced landscape design beyond minimum Pavement design; equirements; Structural/foundation design; Entrance/signage feature design; Greenway bridge design & permitting; Water feature and/or pool design; Boardwalk design & permitting; Renderings; Signal design; Park improvements; Dumpster enclosure details; Public art design or commissioning Grease trap design; On-site water/sewer design; Services by Others Equipment Selections/Design; Geotechnical services; Design associated with Amenity Site; Architectural and MEP services; Site Lighting is limited to fixture selection; Structural Services; electrical engineering not included; Arborist/Registered Forester Services; Project Management Documents/Drawings Additional Meetings/Site Visits; ) Schematic Drawings as typically defined in the Adjacent property owner discussions; architectural industry; Neighborhood meetings; Conceptual Drawings; Attendance at formal regulatory meetings Sketch Plans; unless noted above; The above list is not all inclusive, and the Scope of Services defines the services to be provided by Consultant for this project. Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Pagel 18 Docusign Envelope ID: 616F4FB0-56F6-3DF-B266-A2A4504DE745 WithersRavene! Our People. Your Success. E. Client Responsibilities During the performance of CONSULTANT'S services under this AGREEMENT, the CLIENT will: 1 Designate a person to act as the CLIENT's representative with respect to the work to be performed under the AGREEMENT. Such person shall have thè authority to transmit instructions, receive information, and interpret CLIENT policies. 2 Provide any information needed not specifically addressed in the Scope of Services. 3 Provide all available information pertinent to the PROJECT, including any GIS information, reports, maps, drawings, and any other data relative to the PROJECT. 4 Examine all proposals, reports, sketches, estimates and other documents presented by CONSULTANT and render in writing decisions pertaining thereto within a reasonable period SO as not to delay the services of CONSULTANT. 5 Give prompt written notice to CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT; and 6 Handle matters requiring an attorney at law. 7 Any changes to the PROJECT after CONSULTANT have begun work may require additional fees Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Page 19 Docusign Envelope ID: 016F4FB0-56F6-43DF-B266-AZA4504DE/45 WithersRavene: Our People. Your Success. F. Compensation for Services 1. Lump Sum Fee Consultant proposes to provide the Basic Services outlined in the Scope of Services on a lump sum basis with budgets as shown below plus reimbursable expenses in accordance with the Fee & Expense schedule. The amounts set forth below have been determined based on the nature, scope and complexity of the Project as represented in the information provided to Consultant by Client prior to submittal of this agreement; subsequent changes thereto may result in additional fees. Task Original Agreement Amendment No 1 Task Name Fee No. 1 Project Management $31,500 $0 $31,500 2 Engineering Report $10,000 $0 $10,000 3 Surveying $13,500 $0 $13,500 4 Design $60,000 $0 $60,000 5 Permitting $8,500 $0 $8,500 6 Bidding $10,500 $0 $10,500 7 Construction $57,000 $25,000 $82,000 Administration 9 Project Closeout $11,500 $0 $11,500 TOTAL $202,500 $25,000 $227,500 a. Consultant may alter the distribution of compensation between individual phases noted herein to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the Client. b. The Lump Sum includes compensation for Consultant's services. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses, and Consultant charges. C. Consultant will bill the Client for subcontract expenses based on the unit prices charged for each class of work that has been accepted plus 15%. d. The portion of the Lump Sum amount billed for Consultant's services will be based upon Consultant's estimate of the percentage of the total services completed during the billing period. 2. Hourly Fee Consultant proposes to provide the Scope of Services previously outlined on an hourly basis at the current rate with an estimated budget as described in the following table, plus expenses. Compensation shall not exceed the total estimated compensation amount unless approved in writing by Client. Task Original Agreement Amendment No 1 Task Name Hourly Fee Budget* No. Construction 8 $42,500 $2,098.75 44,598.75$ Observation TOTAL $42,500 $2,098.75 $44,598.75 *These Tasks are presented as an hourly fee with a budget due to the difficulty in estimating the hours required to adequately perform the task(s). a. Client shall pay Consultant for Basic Services by an amount equal to the cumulative hours charged to the Project by each class of Consultant's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Consultant's charges, ifany. Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Page 10 Docusign Envelope ID: 616F4FB0-56F6-43DF-B266-A2A4504DE745 WithersRavene Our People. Your Success. b. Consultant may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services rendered but shall not exceed the total estimated compensation amount unless approved in writing byClient. C. The Standard Hourly Rates charged by Consultant constitute full and complete compensation for Consultant's services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or Consultant's Consultants' charges. d. Consultant's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Consultant under theAgreement. e. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Consultant that the total compensation amount thus estimated will be exceeded, Consultant shall give Client written notice thereof, allowing Client to consider its options, including suspension or termination of Consultant 's services for Client 's convenience. Upon notice, Client and Consultant promptly shall review the matter of services remaining to be performed and compensation for such services. Client shall either exercise its right to suspend or terminate Consultant 's services for Client 's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Consultant, SO that total compensation for such services will not exceed said estimated amount when such services are completed. If Client decides not to suspend Consultant 's services during the negotiations and Consultant exceeds the estimated amount before Client and Consultant have agreed to an increase in the compensation due Consultant or a reduction in the remaining services, then Consultant shall be paid for all services renderedhereunder. 3. Fee Summary Task Number Fee Type Estimated Fee/Budget 1,2,3,4,5,6,7.9 Lump Sum $227,500 8 Hourly $44,598.75 TOTAL $272,098.75 Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Page 111 Docusign Envelope ID: 616F4FB0-56F6-43DF-B266-A2A4504DE745 WithersRavenel Our People. Your Success. G. Acceptance This amendment is valid 60 days from the date iti is transmitted to Client. Receipt of an executed copy of this amendment will serve as Town of Burnsville's authorization to amend the Agreement to include the scope of services outlined herein. OFFERED BY: ACCEPTED BY: WITHERSRAVENEL TOWN OF BURNSVILLE DocuSigned by: Dak 4. Bolilor 5/16/2025 fw - AACPASCBDFFAA7E Thenu Signature Signature Dana Bolden, PE Thees Russell Fox Name Name Senior Project Manager mayor Title Title Signed! by: Gyn Fluminy 5/16/2025 E79460225948B- Signature Glynn Fleming, PE, CFM Name Interim Practice Area Lead, Utilities Title PREAUDIT. STATEMENT: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act (NC G.S. 159-28(a)). Signature of Finance Officer: dali Ggnk Printed Name: Leslie Cropder Date: 5-aa-a5 Attachments: Burnsville CDBG-I Interceptor Engineering WR Project No. 02210813.10 May 16, 2025 Page 112 OWNER AUTHORIZATION FORM Project Name: Mitchell Branch Daylighting Project Location: 40 Rouge St, Burnsville, NC 28714 Coordinates: 35.919699, -82.298625 The undersigned, registered property owner(s) of the above noted parcels, do hereby authorize Baker Grading and Landscaping, Inc to engage in land disturbing activities on the subject property and to submit an erosion and sedimentation control plan to the NC Division of Energy, Minerals, and Land Resources for approval. We understand that no land disturbing work shall commence until all appropriate permits are approved by state, local, and federal agencies. Property Owner(s): Town ofBurnsville Authorized Contact: Heather Horkaday Owner(s) Email: Mhctwyehhdlihg TRamu Ry Authorized Signature(s) 5-22-25 Date