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Home My WebLink About2024-611-E-AMS-CPL Architects Engineers-Design of a new Crisis Diversion FacilityDocusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 10/7/2024 10/15/2024 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 10/3/2024 10/13/2024 10/15/2024 10/15/2024 September 5, 2024 Via Email Mr. Alan Dorman, Director (adorman@orangecountync.gov) Orange County Asset Management Services 405 Meadowlands Drive Hillsborough, NC 27278 RE: BEHAVIORAL HEALTH CRISIS DIVERSION CENTER Orange County Hillsborough, NC Dear Alan: On behalf of CPL, we are pleased to submit the following proposal for design services for the operational and facility planning on a new Behavioral Health Crisis Diversion Center in Hillsborough, North Carolina. PROJECT UNDERSTANDING CPL understands Orange County (Client) wishes to contract with CPL to provide architectural, interior, structural and MEP design services associated with the new Crisis Diversion Center. CPL will contract with Timmons Group for civil engineering services, Palacio for cost-estimating, and RHA Health for clinical operational planning. The project consists of a new construction two-story 27,000 square-foot building that is reflective of recent program adjustments to the Behavioral Health Urgent Care (BHUC) from 24 private rooms to 18 private rooms. Other program areas included in the project consist of: • Front Entrance / Waiting Areas • Rear Entrance • 16-bed Adult Inpatient Facility Based Crisis Center (FBC) • Medical Areas • Facility Security • Outpatient Services • General Purpose Areas • Community Partner Offices CPL also understands no site is currently selected for the Crisis Diversion Center and our design team will play an integral role in evaluating potential sites. SCOPE OF SERVICES Task I – Schematic Design CPL will lead the Schematic Design phase, which will consist of further site evaluations for the Crisis Diversion Center. We are assuming evaluation of up to two (2) sites may be necessary. As part of this effort, the design team will also re-work departmental plans, blocking/stacking diagrams, and site layout to test the feasibility of each site. RHA will provide guidance on impacts to clinical operations to ensure best practices are considered for service delivery. Participation in the Construction Manager (CMAR) RFP and selection process is also included in our SD scope of services. Task II – Design Development Based on the approved Schematic Design plans/site from Task I, CPL will proceed with the detailed planning sessions to advance the design in more detail. These efforts will include the creation of room data sheets, medical equipment, and furniture layouts, MEP coordination, finishes, and millwork. In Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 LETTER OF AGREEMENT Crisis Diversion Center Orange County September 5, 2024 Page 2 of 4 addition, further development of the site and exterior landscaping will be done in parallel with the exterior design. Deliverables for Design Development will include, at a minimum: 1. Code Review / Life Safety Plan 2. Site Drawings 3. Structural Framing Plans 4. New Work Floor, Ceiling, and Finish Plans 5. Interior Elevations 6. Equipment and Furniture Plans 7. Building Sections and Elevations (Renderings as needed) 8. Electrical, Mechanical, Fire Alarm, and Plumbing Plans and Details 9. Project Specifications (outline form at this phase) 10. Cost Estimating Task III – Construction Documents CPL will coordinate with the design team to prepare Construction Documents in compliance with the North Carolina State Building Code (2018 edition), NFPA, DHSR Rules and Regulations, and other applicable standards. FGI compliance is not required for this project as it has not been adopted by DHSR for Crisis Diversion Centers. CPL also understands release of an early design package may be necessary in order to procure critical path items needed to expedite the construction schedule identified by the Construction Manager. Task IV – Bid Phase Services CPL will submit the documents to State authorities having jurisdiction (DHSR). All permits and approvals for the project will be paid for and secured by the Client. CPL will work with the Construction Manager to answer Requests for Information (RFIs), provide clarifications, and issue addenda as required for pricing. Task V – Construction Phase Services CPL will provide twenty-four (24) site visits during construction with a field report written for each visit. Project meetings, inwall / overhead review, punch list, pre-DHSR and DHSR inspections will occur during these site visits. CPL will also provide construction administration services consisting of the review of submittals, shop drawings, certification of monthly pay requests, responding to RFIs that arise during the course of construction and response to all DHSR review comments. SCHEDULE No schedule has been established. We agree to provide services to the Client in the most expeditious manner practical. ASSUMPTIONS Our fee proposal is based upon the following assumptions: 1. Reimbursable expenses are included in the fee. 2. Site visits are indicated under Task V. 3. One (1) early Construction Document set in addition to the final is assumed in our proposal. 4. Placement and coordination of medical equipment is included in the scope of work; however, procurement is excluded. 5. Furniture design, coordination and procurement are included within the architectural/interiors scope of work (fee). 6. Construction Phase Services is based on a 12-month schedule. 7. Shallow foundations and steel construction were the basis of design for the structural fee proposal. 8. Retaining walls are excluded from this scope of work. 9. Test and Balance and Special Inspections are excluded from this proposal. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 LETTER OF AGREEMENT Crisis Diversion Center Orange County September 5, 2024 Page 3 of 4 10. MEP infrastructure will be based on the SD narratives previously submitted, which includes the design of geothermal wells. 11. Commissioning shall be provided by the Client. 12. Refer to Timmons Group and Palacio’s fee proposals for additional exclusions and clarifications. 13. Any items not contained in our Scope of Services or contrary to the assumptions listed above will be deemed additional services. If requested by the Client, additional services will be provided on an hourly basis at our Standard Hourly Billing rates, or as a fixed fee mutually agreed to in advance by both parties. CLIENT RESPONSIBILITIES The Client shall appoint an “Owner’s Representative” to act as the point of contact for CPL. It shall be the responsibility of the client to provide the following: • Unrestricted access to the project site. • Reasonable advance notice of scheduled meetings. • Decisions on critical issues in a timely manner. • Payment of all invoices in accordance with this agreement. COMPENSATION CPL agrees to provide the professional design services listed in the Scope of Services. Our fee proposal is based upon work-effort projections and applicable billing rates for the scope of work anticipated for this project. We propose a fixed fee of $1,719,650.00 for Construction Documents through Construction Administration and Closeout services. This fee includes reimbursable expenses and is summarized in the following table. Description Fee Task I – Schematic Design $143,890.00 Task II thru V – Construction Documents thru Construction Phase Services CPL – Architectural & Interior Design $623,960.00 CPL – Furniture Design & Procurement $32,000.00 CPL – MEP Engineering $474,500.00 CPL – Structural Engineering $120,000.00 Timmons – Site, Civil, and Landscape Design $176,100.00 Timmons – Environmental (T&M) $53,200.00 Timmons - Wastewater $7,000.00 RHA Health – Clinical Operations $51,000.00 Palacio – Cost Estimating $38,000.00 Total Fee $1,719,650.00 We will bill monthly for the progress of the work. Normal and customary reimbursable expenses are included in our fee. ADDITIONAL SERVICES • Items not specifically defined in the Scope of Services. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 LETTER OF AGREEMENT Crisis Diversion Center Orange County September 5, 2024 Page 4 of 4 CONCLUSION This document serves as the Owner – Architect Agreement. If these terms are acceptable, please countersign and return one copy to our office. The proposed fee is valid for 90 days from the date of this proposal. We look forward to working with you on the successful completion of this project. Sincerely, CPL Adam M. Chahulski, AIA, LEED AP, NCARB Sr Vice-President Enclosures: As noted cc: Mr. Travis Myren (tmyren@orangecountync.gov) I:\Carolinas\Proposals\CLT\2024 Proposals\Orange County ACCEPTED: ORANGE COUNTY By: Title: Dated: Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 LETTER OF AGREEMENT CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 1 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Client: CPL Team Date: 08/23/2024 Contact: Adam Chahulski Principal: Blake Hall, PE/PLA Phone No: 980.275.5891 E-mail: AChahulski@CPLteam.com Project Name: Orange Crisis Diversion Center Dear Josh: Timmons Group is pleased to offer this proposal for master planning services for Orange County. We look forward to working with you to achieve your vision for this project. Thank you for allowing Timmons Group to provide professional services on this project. We will provide the requested services, complying with established standards, while being mindful of costs to the Client (the “Client”) named above according to the terms and conditions of this Letter of Agreement (the “Agreement”). Prior to submittal to a public agency, all documents will be sent to the Client, if requested, to ensure a complete understanding by all parties. We will proceed upon receipt of this signed Agreement. Please note that fees quoted are valid for sixty (60) days from the date first written above. SCOPE AND SCHEDULE OF SERVICES: Timmons Group will provide the services as detailed on the Scope of Services attached as Exhibit A (the “Scope of Services”). We will provide services in a timely and efficient manner and will keep you informed of the job status and any necessary changes. Any changes required to the Scope of Services must be approved in writing before such changes take effect. As of the date first written above, any changes in the Scope of Services caused by governing codes or Client revisions may require a schedule and/or fee change. PAYMENT SCHEDULE: Client agrees to pay Timmons Group for its Services as selected and set forth below: [_X__] FIXED FEE Fees for this Agreement will be billed on a monthly basis as a fixed fee per the Scope of Services in Exhibit A. EXHIBITS: The following Exhibits are attached hereto and expressly made part of this Agreement. [X] EXHIBIT A SCOPE OF SERVICES [X] EXHIBIT B TERMS AND CONDITIONS This Agreement shall be controlled by the provisions listed above and the Terms and Conditions in the attached Exhibit B. If there is any conflict between the provisions of this Letter of Agreement and the Terms and Conditions, the Terms and Conditions shall control. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 LETTER OF AGREEMENT CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 2 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com We will proceed upon receipt of this signed agreement. Should you have any questions, you can reach Blake Hall directly at 919.316.0126 or via email at blake.hall@timmons.com. Timmons Group ACKNOWLEDGED AND ACCEPTED: On behalf of the Client, this Agreement, including Exhibit A [Scope of Services] and Exhibit B [Terms and Conditions], is accepted and agreed to as of the date written below. By: Name: Title: Date: Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 3 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com SURVEY SERVICES All land surveying efforts provided by Timmons Group will meet or exceed the Minimum Standards of Land Surveying in North Carolina as adopted by the Board under regulatory authority of Title 21, Chapter 56, Section .1600 of the North Carolina Administrative Code, and the North Carolina G.S. 47-30 Requirements. See Exhibit “A” below followed by our detailed Scope of Land Surveying Services. Exhibit “A” SCOPE OF LAND SURVEY SERVICES Task S01 – Control and Boundary Survey Timmons Group will provide a Boundary Survey of Orange County, NC PIN 9873510737, 9873415972, Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 4 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com 9873425076, 9873425271, 9873422375. See Exhibit “A” above for the approximate limits of the property boundary surveying work outlined in pink. This task will include the following items: • Research, fieldwork and office calculations necessary to accurately locate the property boundaries according to the requirements established by NC General Statutes. • 5/8-inch diameter Iron rebars with green fluorescent caps to be set as primary horizontal control points along the traverse. The existing property corners will be tied into the traverse. • Horizontal datum for basis of bearing shall be the North Carolina Coordinate System of 1983 (NCCS83) based upon NAD83, 2011 epoch. • Field location and mapping of possible encroachments along the perimeter of the property will be noted based on physical evidence on the date of the survey. • Interior site improvements will be shown per the topographic survey scoped below. • Any missing corners along the outer perimeter of the combined parcels will be re-set with 5/8-inch diameter rebar with a red fluorescent cap. • Prepare a boundary Survey Map that can be recorded by the client at the Orange County register of Deeds office. Timmons Group can complete the recordation of the map. This can be completed on a time and material bases and invoiced as a reimbursable cost. • Prepare an AutoCAD digital file of the boundary to be used as a base for the civil engineering design work. • This survey will be prepared without the benefit of a title commitment therefor all existing easements may not be shown. Task S02 – Topographic Survey Task includes preparation of a field run topographical survey for the area to include location of visible improvements; storm and sanitary sewer alignments with invert data (including 1 structure outside of limits); and surface indications of subsurface utilities. Contouring to be plotted at a 1’ interval. Topographic limits will include the area outlined in green on Exhibit “A”. Task S03 – Underground Utility Location An underground utility survey will be performed to designate and map underground facilities within the topographic limits. This utility survey will include horizontal designation through geophysical methods and is defined as Quality Level “B” by the American Society of Civil Engineers (ASCE). The accuracies of the markings are subject to the depth and electrical conductivity of the utility as well as site conditions and manhole access. Plastic and fiber optics lines without tracer wires may be unlocatable. This service does not include the use of ground penetrating radar and test pits. Exclusions: sanitary and storm laterals, roof drains, irrigation systems and abandoned lines. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 5 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Task S04 - Recombination Plat The plat will meet the recordation requirements for the governing municipality. This task also includes submission of the plat for review and making revisions per review comments but does not include submission or recordation fees. These fees can be billed as a reimbursable expense. The fee includes setting iron rods. Exclusions – Field locating wetland/stream flags, subdivision platting, offsite surveys, ALTA, tree surveys Task S05 - Annexation Plat and Description Utilizing the survey data collected from task items S01 Timmons group shall prepare an annexation plat and description for the property acceptable to Planning Department. The plat and description will be based upon the Boundary Survey as completed by Timmons Group and the record deed information. The annexation plat and description will be stamped and sealed by a professional Land Surveyor licensed by the State of North Carolina. This task does not include the Governmental intake, processing, review, approval or recording fees, all Governmental fees are the responsibility of the client. Client Responsibilities The Client is to provide the Timmons Group Land Surveyors with complete and unencumbered access to the property and adjacent properties as needed to complete the field surveying work. GEOTECHNICAL SERVICES Task G01 – Geotechnical Services Our proposed scope of geotechnical services will consist of performing soil test borings, laboratory testing of soils, and preparation of a geotechnical engineering report. At the time of this proposal, a site layout and grading plan was not available. Our assumptions and proposed tasks are discussed below. Assumptions This geotechnical scope assumes the following conditions. If conditions vary from those assumed below adjustments to the fee may be required: • As the location of the site for development has not been finalized, no information is known regarding tree cover. This scope assumes that no more than 3 days of clearing will be needed to access boring locations. If 3 days is not adequate to reach boring locations, additional fee will be required to complete the scope. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 6 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com • The site will be accessible by either ATV or truck mounted drill rig. If difficult access conditions (such as crossing wetlands or creeks) are encountered to access boring locations, additional fees will apply. • Work can be performed during standard work hours (8am to 5pm) Monday through Friday. • We assume the client will coordinate site access through any locked gates. • We assume that there will be no private underground utilities in the vicinity of the borings or that the client will coordinate location of any private underground utilities prior to drilling operations. • We assume that no more than 10 feet of cut/fill will be needed to mass grade the site. If cut depths exceed 10 feet in the building pad, additional fee may be needed to reach boring depths required for proper analysis. • We assume building loads and subsurface conditions are such that the proposed structure can be supported on shallow foundations. If loads are higher than those assumed or subsurface conditions are such that a deep foundation system is needed, additional fee may be needed for deeper borings to support the design. Field Exploration The field exploration will consist of the following: • A geotechnical professional will perform a site reconnaissance and locate exploration locations using GPS equipment. • Contact NC 811 to mark existing public underground utilities near boring locations. • Perform Twenty Standard Penetration Test (SPT) borings in accordance with ASTM D1586 to depths ranging from approximately 10 to 50 feet. Eleven (11) borings will be performed in the proposed building area to depths ranging from approximately 20 to 50 feet. Eight (8) borings will be performed in the proposed pavement areas to depths ranging from approximately 10 to 15 feet. Two (2) borings will be performed in the proposed BMP area to depths ranging from approximately 10 to 20 feet. Boring depths are referenced to the existing ground surface. Total drilling footage is expected to be up to approximately 450 linear feet. Borings will be performed to indicated depths, or auger refusal, whichever occurs first. • Within borings, split-spoon samples will be collected in conjunction with SPT testing. Split-spoon samples will be collected at 2-foot depth intervals in the top 10 feet and at 5-foot intervals thereafter. Upon completion of borings, borehole water levels will be recorded, and the boreholes will be backfilled with drill cuttings up to the original ground surface. Soil samples will be returned to our office for visual classification and laboratory testing. All excess spoils will be disposed of on site. • Bulk soils samples will be collected from the borings and returned to our laboratory for testing. Laboratory Testing We will perform laboratory testing on representative soil samples for the purpose of classifying the soils and estimating geotechnical engineering properties. We plan to perform Atterberg limits, grain size analyses, natural moisture contents, Standard Proctor, and California Bearing Ratio (CBR) testing. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 7 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Geotechnical Engineering Report A geotechnical engineering report will be prepared based on performed borings, laboratory testing, and our engineering analysis. The report will include the following: • Site plan showing locations of the exploration. • Description of the exploration sampling methods as well as soil test boring logs. • Water levels encountered in the borings. • Depths to rock, if encountered in the borings. • Laboratory test results. • Depth and location of unsuitable materials, if encountered in borings. • Foundation recommendations for proposed structure at the site. These recommendations will be based on anticipated loads provided by the structural engineer and foundation bearing capacity. • General information regarding site preparation including re-use of on-site soils as fill, identification of deleterious soils encountered in the borings, impact of weather and construction equipment on grading, fill compaction recommendations, and preparation of soil subgrades. • Pavement thickness recommendations. • Seismic Site Classification in accordance with the North Carolina Building Code. • A Seasonal High Water Table Test (SHWT) report sealed by a licensed soil scientist (LSS) in the State of North Carolina. WATER/WASTEWATER SERVICES Task U01 - Hydrant Flow Testing To determine the hydraulic boundary conditions for the project site, Timmons Group will perform the following tasks: • Request waterline mapping from the Town of Hillsborough and assess the existing water system near the project site to determine the appropriate hydrant(s) to perform the hydrant flow testing. • Coordinate with the Town of Hillsborough to perform one (1) instantaneous hydrant flow test at or near the proposed point of connection to the existing water system. • Perform all field hydrant flow testing during one site visit. • Provide a flow test summary report incorporating the results of the test(s), a map showing the locations of the test hydrant(s) and an available pressure vs. flow curve based on the results. Task U02 - Water System Hydraulic Analysis To determine the hydraulic performance of the proposed water system, Timmons Group will perform the following tasks: • Calculate domestic demands based on NCDEQ Regulations, Local Regulations, fixture count, and/or engineering judgment. • Build a computerized hydraulic model of the development based on the current utility design. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 8 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com • Perform hydraulic calculations based on the available flow and pressure observed during testing and the projected demands. • Review and confirm sizing of the on-site water distribution piping to meet the flow and pressure requirements. • Provide a model results sheet showing a graphical system layout, design criteria summary and residual pressure results for domestic scenarios as well as fire suppression. Assumptions And Clarifications • This proposal specifically excludes design, permitting, construction administration, and other construction phase services. • This proposal does not include survey or SUE. • Review/Submittal fees are the responsibility of the owner. • Testing may not be performed per the requirements of NFPA 291 regarding the minimum required reduction in residual pressure during the test. If testing is required to meet this portion of NFPA 291, additional fee may be necessary. • If the existing water system is not capable of supporting the proposed development, additional system testing, modeling, and the design of remedial improvements may be required, and this will require additional scope and fee to be negotiated. • Minimum fire flow (sprinkler, hydrant flow, ISO or IFC) demands shall be determined and provided by others. • This scope includes one submission and one revision/resubmittal. Additional revisions and submissions may require additional fees. • Unless otherwise specified, hydraulic analyses are based on a single plan of development. If on- site changes or phased development occurs, additional fee may be required. Project Schedule • Perform hydrant testing and provide flow test summary report within four weeks of receiving written notice to proceed (dependent upon weather and coordination with water system owner). • Perform hydraulic modeling and provide results sheet within three weeks after all necessary information is obtained. ENVIRONMENTAL SERVICES Under this Agreement, Timmons Group will provide professional services relative to the approximately 7.8-acre project located on parcels southwest of the intersection of Waterstone Drive and Highway 86 in Hillsborough, NC (Orange County) outlined below. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 9 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Assumptions: • Timmons Group anticipates the Client will coordinate site access and will provide any necessary documentation for field staff performing the work. • Timmons Group anticipates the Client will facilitate the completion of the necessary access permission forms for the U.S. Army Corps of Engineers (USACE) for the wetland/stream confirmation. Time & Material Services The scope outlined below will be billed based on the actual hours required to complete the work as specified. If the final project limits exceed 30 acres or the project location changes, additional scope and fee may be required. Task W01 - Wetland/Stream Delineation Timmons Group will review existing, readily obtainable environmental information on the site such as USGS mapping, aerial photography, NWI mapping and soil survey information. A wetland delineation of the subject property will be performed in accordance with the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual and appropriate Regional Supplement. A stream determination will be conducted using the North Carolina Department of Environmental Quality (NCDEQ) Stream Identification methodology, version 4.11. The flagged wetland limits will be GPS located for mapping purposes (Note that GPS location is for confirmation and planning purposes and is not a substitute for traditional field survey, and in the event wetlands and streams may be impacted by the project jurisdictional features should be located by traditional survey Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 10 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com means). A preliminary wetland delineation map showing the approximate size, shape and location of wetlands and/or waters of the U.S. present on the subject property will then be prepared. Task W02 - Wetland/Stream Confirmation & Buffer Determination Timmons Group will facilitate the confirmation of wetland and stream locations through feature flagging and submittal of a Jurisdictional Determination (JD) package to the USACE and a Buffer Determination Request to NCDEQ Division of Water Resources (DWR) (or appropriate local government agency). This package will consist of a narrative, delineation map, wetland delineation field data sheets, and stream data forms. The buffer determination package will include similar maps of the streams and stream data forms. Timmons Group will conduct a joint site visit** with the USACE and NCDEQ DWR (or appropriate local government agency) to review the site conditions, flagged wetland limits and confirm findings. A Preliminary Jurisdictional Determination (PJD) concurrence letter or an informal concurrence for the wetland delineation will be requested from the USACE and a Buffer Determination Letter will be obtained from DWR (or appropriate local government agency). Should the agencies not be able to meet jointly, the additional site visit will be billed Time & Materials with prior approval from the Client. This scope does not include any local government buffer confirmation fees which may apply. Task W03 - Phase I ESA Timmons Group will complete a Phase I Environmental Site Assessment in full compliance with the scope and limitations of the American Society of Testing and Materials (ASTM) Standard E 1527-21 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). • In accordance with ASTM Standards as prescribed by the United States Environmental Protection Agency All Appropriate Inquiry (EPA AAI) process, reasonably available environmental regulatory database listings and historical information will be accessed and reviewed prior to evaluating the presence and/or locations of recognized environmental conditions (RECs) as defined by ASTM Standards. Utilized historic resource data will include, but not be limited to, aerial photographs, city directories, topographic maps, and fire insurance maps. Any identified RECs and/or areas of potential environmental concern will be a focal point of site inspection. • Timmons Group will complete a site inspection of the Subject Property which will include a visual reconnaissance of the immediately adjoining properties. RECs and/or areas of potential environmental concern will be documented photographically. • Records on file with the North Carolina Department of Environmental Quality (DEQ), and/or Orange County, as available, will be reviewed to identify active and/or historic facilities that may represent a REC or an area of potential environmental concern. Any risk(s) associated with these facilities will be assessed, as able. • Per ASTM Standards, an environmental liens search must be completed. An environmental lien is a charge, security, or encumbrance on title to a property to secure the payment of a cost, damage, debt obligation, or duty arising out of response actions, cleanup, or other remediation of hazardous substances or petroleum products. The search for environmental liens must be provided by Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 11 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com the Client while Timmons Group will also complete a search through a Freedom of Information Act (FOIA) request. • In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the “User” or party for whom the Phase I ESA is prepared must complete the ASTM Standard E 1527-21 User Questionnaire provided by Timmons Group. Failure to provide this information could result in a determination that “all appropriate inquiry” is not complete and forfeiture of CERCLA protection. In addition to the User, interviews will be conducted with the present owner and one (1) or more state and/or local agency officials (as applicable and accessible) with the objective to obtain information identifying RECs in connection with the Subject Property. • Upon completion of the site reconnaissance, file reviews, and interviews, a report on the findings of the Phase I ESA will be prepared in accordance with ASTM Standard E 1527-21. Included within the Phase I ESA report will be recommendations for additional investigations as warranted. • The performance of this Phase I ESA specifically excludes any subsurface investigations, structural integrity assessments, radon investigations, chain-of-title reports/investigations, cultural resources investigations, wetland/stream delineation, or any sample collection and analysis (including asbestos containing materials and lead based paint). • Per ASTM standards, the Phase I ESA will be valid for 180 days or 6 months. This scope covers one fee for an ERIS report. If more than one ERIS report is needed, a revised scope with additional fee may be required. This scope anticipates release with Task W01 Delineation for a joint site inspection. If released separately, additional fee may be required. Task W04 - Protected Species Review & Consultation Timmons Group will conduct a Threatened and Endangered Species Review for the project area. Prior to the site inspection, Timmons will conduct a NC Natural Heritage Program (NCNHP) and US Fish and Wildlife Service (USFWS) IPAC database search for the project area. During the site inspection, Timmons will review existing habitat conditions on-site as they relate to protected species with the potential to occur in the area. If provided, conceptual layouts for the site will be reviewed and utilized in coordination. No additional site planning, conceptual modeling, or site visits will be conducted as part of this effort. Information obtained from database results, any previously conducted site visits, and any previously produced conceptual layouts will be used to make a preliminary determination of potential impact to federally listed species. Following the site inspection, if no other federal review is anticipated and/or protected species surveys or impacts are anticipated, Timmons Group will initiate consultation with the USFWS to verify potential impacts to protected species. Recommendations for mitigating any potential species that may affect the project will be provided following consultation. Any additional Habitat Assessments or Species Surveys and/or additional investigations/coordination required by USFWS (including Requests for Additional Information) is not included in this scope but can be provided under a separate Statement of Work. Please note, the USFWS has Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 12 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com requested no formal consultation be conducted if 404 permitting is anticipated unless there are expected protected species surveys or impacts. This task does not include species surveys. This task does not include species surveys. This scope anticipates release with Task W01 Delineation for a joint site inspection. If released separately, additional fee may be required. Task W05 - Tree Inventory Timmons Group will locate all deciduous trees 12” dbh or greater and non-deciduous trees 24” or greater dbh on site as required by the Town of Hillsborough UDO Section 6.22.3.2. Trees will be located using handheld GPS equipment and a point file in AutoCAD and/or GIS shapefile will be created. The proposed inventory area will be provided to the Timmons Group Environmental Team before field work is conducted. If the project size exceeds 20-acres, Timmons will perform 100’ x 100’ sample survey areas for each separate undisturbed portion of the site containing an acre or more per the UDO. A CAD file including all collected points with the tree genus and species, DBH, and latitude/longitude information and a map depicting all inventoried trees and their calculated critical root zones will be provided. *This fee does not include a tree protection plan. Task W06 - PCN for Nationwide Permit, Water Quality Certification, & Buffer Authorization A Pre-Construction Notification (PCN) for a 404 Nationwide Permit (NWP), corresponding 401 Water Quality Certification (WQC), and Riparian Buffer Authorization will be prepared and submitted to the USACE and DWR for the proposed development. The PCN submittal will contain a narrative describing in detail the purpose of the project and the necessity of the proposed disturbance to demonstrate that this disturbance is warranted. This task includes wetland and stream mitigation coordination but does not include mitigation fee payment or payment of NCDEQ DWR’s review fee. This scope is for one Pre-Construction Notification which meets the requirements for an NWP. If proposed impacts do not meet the requirements for a Nationwide Permit and/or if multiple permitting phases are proposed, a revised scope will be required. Requests for Additional Information, if required by the agencies, will be handled under Time and Material Task W06. Task W07- 401/404 & Riparian Buffer Permit Processing Responses to requests for additional Information (RAIs) will be prepared to answer any questions posed by the USACE and DWR as a result of the PCN application, as needed. Negotiation of NWP and WQC will be undertaken to facilitate regulatory approval of the project. This task includes mitigation coordination, but does Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 13 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com not include mitigation fee payment, or payment of NCDEQ DWR’s review fee. This task also includes additional time spent for site plan revisions and additional RAIs. Items NOT included in the Scope of Services of this Agreement: Timmons Group will only perform services authorized per this agreement. Anything not expclitly listed will not be completed, this includes but is not limited to the below which can be added for an additional fee. • Traditional survey of wetland flags • Phase II or III Environmental Site Assessments • Protected Species Surveys • Historical Resource Coordination/Surveys • Permitting Fees (application fees, cost of public notices, mitigation costs, etc.) • Nutient Offet Mitigation Credit Coordination • Mitigation Design • Pre-Application Meetings • Wetland Permit Compliance ENGINEER SERVICES Task E01 - Schematic Design The team will prepare schematic design level construction drawings based on the final concept design. Coordination of initial permitting requirements with the Town of Hillsborough • Utility availability investigation • Coordinate Layouts with Architect & Owner • Revise Layouts Per Review Comments • Utility System Concept Plan • Stormwater Management Concept Plan • Team Coordination & Meetings • Coordination with NCDOT • Project Management & QA/QC Upon completion of schematic design, the team will contribute to the Design Narrative documenting the schematic design phase. The team will document project requirements, design parameters and objectives and the results of the schematic design meetings and will provide any necessary text or graphics to supplement the narrative prepared by CPL. Task E02 - Design Development The design team will prepare Design Development construction drawings based on the approved schematic design drawings. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 14 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com • Refine Site Layout Plan • Develop Utility Plan • Develop Stormwater Management Plan • Review Geotechnical Report • Develop Grading Plan • Develop Erosion Control Concept Plan • Team Coordination & Meetings • Project Management & QA/QC • Outline Specifications (Division 2) Task E03 - Construction Documents The design team will prepare Final Design construction drawings based on the approved design development drawings. • Notes & Details • Site Layout & Landscape Plan • Utility Plan, Details, Profiles and Calculations • Detailed Grading Plan • Detailed Drainage Plan and Calculations • SWM Plan and Calculations • Storm Drainage calculations (gravity pipes, culverts, inlet spread, inlet throats, hydraulics) • Design and calculations for up to one (1) SCM • Erosion Control Plan and Details • Team Coordination & Meetings • Phase I Erosion Control Plan – preliminary disturbance limits • Phase II Erosion Control Plan – ultimate disturbance limits • Erosion control sequence narrative • Erosion Control Details, Calculations, and Quantities in conformance with structural practices and specifications in conformance with Orange County and NC Erosion and Sediment Control Handbook • Miscellaneous details and calculations • QA/QC • Technical Specifications (Division 2) • Bid Form Coordination with Architect Task E04 - Bidding Timmons will assist CPL with bidding services. Timmons will prepare a bid set of construction site plans and specifications, attend a pre-bid meeting, respond to questions from bidders and contribute to any required addenda. • Attend Pre-Bid Conference • Respond to Bid Inquiries • Prepare Addenda Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 15 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Task E05 - Construction Administration Construction administration services are based on a 14-month construction schedule. • Attend Pre-Construction Conference • Site Visits During Related Construction Activities • Review Submittals & Shop Drawings • Miscellaneous Construction Administration • Punchlist Inspection Task E06 - Project Closeout The design team will prepare record drawings based on red-lined drawings from the contractor as well as contribute as necessary to any O&M manuals prepared by CPL. • Water and Sewer Certifications as required • SCM Certification • Back-Punch Inspection • Compilation of Contractor’s Record Dwgs. Task E07 - Permitting • Pre-application meeting suggested. Applicable town & county staff will be invited to attend & answer any questions. • The design team will coordinate with the Town of Hillsborough for all site development permitting submittals. • Apply for town-issued ZCP (Zoning Compliance Permit). • Construction drawing review by TRC. • Assist with Nitrogen offset fee calculation, Erosion Control Surety Calculations, and Public Improvement Surety Calculations • Site Plan & application materials reviewed by TRC. All TRC comments must be addressed before application will be scheduled for hearing before the Board of Adjustment. • Revise plans and respond to Town review Comments • Submit to NCDEQ for Erosion and Sediment Control Permits • NCDEQ Water and Sewer Permits as required • NCDOT driveway Permits • NCDOT Encroachment agreements Task E08 – Special Use Permit Assistance (if required) Timmons Group will assist the client with preparation and submittal of the required special use plan application package to the Town of Hillsborough as noted below for this process. • Attend pre-application conference with the Town of Hillsborough Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 16 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com • Support legal counsel/owner’s representative with review of special use permit paperwork requiring civil input for application and responses. • Attend one (1) Board of Adjustment • Provide Supporting Document/Exhibits as needed for meetings. • Respond to Town of Hillsboro reviews and comments. • Hold progress meetings/calls with client to review progress. Task E09 – Rezoning Assistance (if required) Timmons Group will assist the client with preparation and submittal of the rezoning package to the Town of Hillsborough as noted below for this process. • Attend pre-application conference with the Town of Hillsborough • Support legal counsel/owner’s representative with review of permit paperwork requiring civil input for application and responses. • Attend one (1) Board of Adjustment • Provide Supporting Document/Exhibits as needed for meetings. LANDSCAPE ARCHITECTURE SERVICES Task L01 - Code Compliant Planting Plan Timmons Group will prepare planting plans and supporting notes, details, and specifications suitable for locality approval and construction. Planting plans will utilize civil engineering base files and will be incorporated into the site plan package. All site related features including building, paving, utilities, signage, and light pole locations will be coordinated to eliminate conflicts with proposed landscaping. Planting plans may include tree canopy coverage, perimeter buffering, screening of above ground utilities, parking lot screening and interior parking lot plantings. Existing vegetation and plantings will be preserved wherever possible and credited towards locality requirements. Timmons Group will prepare a Tree Conservation Plan and supporting notes, details, and specifications suitable for locality approval and construction. We will coordinate with OA and civil team for site related demolition plan and notes. Because our mass grading plan will need to gain Urban Forestry approval, our Tree Conservation Plan will identifying potential disturbance to critical root zones. Anticipated deliverables are as follows: • Planting Plan meeting minimum locality code requirements • Planting Notes and Details • Planting Specifications (to be issued with construction documents) • Tree Conservation Plan • Tree Conservation Notes and Details Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 17 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Coordination with plan review staff, design team, etc. for construction plan submittals and review sets is included. One, in-person meeting with the client and/or design team for coordination purposes and up to three conference calls are included. Task L02 - Enhanced Planting Plan and Amenity Space/Hardscape/Streetscape Design Utilizing the Code Compliant Planting Plan, Timmons Group will prepare an enhanced planting plan, supporting notes, and details. This plan will address planting beyond what is required to meet streetscape, buffer yards, foundation plantings, and tree canopy minimums providing a more wholistic approach to the landscape of the development. We will work closely with the architect to understand the additional reflective spaces in their design program. From this understanding, we will develop schematic design level amenity/hardscape plans. Upon approval from the owner and Architect, we will prepare the Construction Documents of the amenity/hardscape areas that will be suitable for owner review, pricing, and competitive bidding purposes. Anticipated documents and coordination items are as follows: • Enhanced Planting Plan • Enhanced Planting Notes and Details • Amenity/Hardscape Schematic Layout Plan • Amenity/Hardscape Plans depicting specialty hardscape location, size, and materials for site amenity features • Amenity/Hardscape Details depicting specialty hardscape size and materials for site amenity features • Hardscape Specifications (to be issued with construction documents) • Coordination with the civil engineer for grading and drainage plan adjustments and spot elevations for site amenity spaces • Three (3) meetings/conference calls with the owner, architect, and design team for project coordination are included. Task L03 - Construction Administration We will assist OA in conducting a Pre-Demolition Meeting on site. When required, we will participate in up to six (6) weekly progress site visits combined with OAC meetings. We will review RFI’s and issue addenda as necessary and review sitework submittals by the contractor. Anticipated deliverables, travel, and/or meetings are as follows: • On-Site OAC meetings and site visits as needed • Response to RFI’s • Sitework submittal reviews Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 18 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Task L04 - Closeout We will assist OA in providing record drawings and any changes to the project manual. Anticipated deliverables, travel, and/or meetings are as follows: • Record drawings Assumptions / Clarifications Tree Inventory will be completed and includes minimums required by Town of Hillsborough Urban Forestry. This information will be made available and can be converted to a DWG format. Exclusions Timmons Group will not perform the following services under this Agreement except at the request of the Client and for an additional fee. • Lighting Design • Development review / Permitting fees Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 19 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Proposed Fee Summary Survey Services Task S01 – Control and Boundary Survey $ 7,000 Fixed Fee Task S02 – Topographic Survey $ 12,000 Fixed Fee Task S03 – Underground Utility Location $ 2,500 Fixed Fee Task S04 – Recombination Plat $ 4,500 Fixed Fee Task S05 – Annexation Plat & Description $ 2,500 Fixed Fee Geotechnical Services Task G01 – Geotechnical Services (Not to Exceed) $ 27,500 T&M Task G02 – Clearing Fee (Not to Exceed) $ 7,500 T&M Water/Wastewater Services Task U01 – Hydrant Flow Testing $ 2,000 Fixed Fee Task U02 – Water System Hydraulic Analysis $ 5,000 Fixed Fee Environmental Services Task W01 – Wetland/Stream Delineation $ 4,600 T&M Task W02 – Wetland/Stream Confirmation & Buffer Determination $ 4,600 T&M Task W03 – Phase 1 ESA $ 4,200 T&M Task W04 – Protected Species Review & Consultation $ 2,000 T&M Task W05 – Tree Inventory $ 26,000 T&M Task W06 – PCN for Nationwide Permit, Water Quality Certificate $ 5,800 T&M & Buffer Authorization Task W07 – 401/404 & Riparian Buffer Permit Processing $6,000 T&M Engineer Services Task E01 – Schematic Design $ 11,500 Fixed Fee Task E02 – Design Development $ 23,000 Fixed Fee Task E03 – Construction Documents $ 46,000 Fixed Fee Task E04 – Bidding $ 2,875 Fixed Fee Task E05 – Construction Administration $ 28,750 Fixed Fee Task E06 – Project Closeout $ 2,875 Fixed Fee Task E07 – Permitting $ 15,000 Fixed Fee Task E08 – Special Use Permit Assistance (if required) $ 12,500 Fixed Fee Task E09 – Rezoning Assistance (if required) $ 15,000 Fixed Fee Landscape Architecture Services Task L01 – Code Compliant Planting Plan $ 10,000 Fixed Fee Task L02 – Enhanced Planting Plan & Amenity Space/Hardscape/ $ 12,500 Fixed Fee Streetscape Design Task L03 – Construction Administration $ 5,800 Fixed Fee Task L04 – Closeout $ 1,800 Fixed Fee TOTAL PROPOSED FEE $311,300.00 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT A SCOPE OF SERVICE CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 20 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Exclusions: Timmons Group will not perform the following services under this Agreement except at the request of the Client and for an additional fee: • Master Plan renderings and 3D models (to be provided by Moseley) Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT B TERMS AND CONDITIONS CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 21 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com 1. SCOPE OF SERVICES: The Scope of Services performed under this Agreement shall be as described in Exhibit A of the Letter of Agreement. Separate Change Orders signed by authorized representatives of Timmons Group and the Client may, from time to time, describe additional or different services to be performed under this Agreement, such Change Orders are incorporated by reference herein. These Terms and Conditions shall apply to the Change Orders except to the extent expressly modified by such Change Order. Timmons Group services with regard to the specific properties covered by this Agreement and subsequent Change Orders, if any, shall hereinafter be referred to as the “Project” or “Projects.” 2. STANDARD OF CARE AND CODE COMPLIANCE: Timmons Group shall provide its services under this Agreement consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the same or similar circumstances. Timmons Group shall exercise usual and customary professional care in its efforts to comply with all applicable codes, laws, regulations and the policies of regulatory agencies in effect as of the date of the Agreement (collectively, “legal requirements”). Design changes made necessary by newly enacted codes, laws, regulations and the policies of regulatory agencies after the date of this Agreement shall be treated as an additional service subject to an executed Change Order, and Timmons Group shall be entitled to appropriate additional compensation. Timmons Group shall not be liable for any damages arising from conflicting interpretations of any legal requirements by different officials. In the event of a conflict between legal requirements applicable to the Project, Timmons Group shall notify the Client of the nature and impact of such conflict, and the Client agrees to cooperate and work with Timmons Group in an effort to resolve the conflict. 3. INSTRUMENTS OF SERVICE: All documents, including, but not limited to, drawings, specifications, plans, reports and other forms of electronic data prepared and furnished by Timmons Group, are Instruments of Service pursuant to this Agreement and remain the property of Timmons Group. Client may retain one such copy of all such documents, for record purposes, which documents may only be used for the Project. Any adaptation by Client of said documents, whether intentional or inadvertent, without Timmons Group’s verification shall be at Client’s sole risk and without liability or legal exposure to Timmons Group or Timmons Group’s employees. Client agrees to assume all risks associated therewith and to hold Timmons Group harmless and indemnify it from and against any claims, liabilities, damages, losses and costs, including but not limited to attorney’s fees, arising therefrom or in connection therewith. 4. GOVERNING LAW: This Agreement shall be governed according to the laws of the place of the Project, without regard to its conflicts of laws provisions. 5. THIRD PARTY RIGHTS: This Agreement shall not create any rights or benefits to parties other than the Client and Timmons Group. 6. ASSIGNMENT: This Agreement may not be assigned without the prior written consent of the Client and Timmons Group, such consent not to be unreasonably withheld. 7. PROJECT SITE SAFETY: Timmons Group’s Project site responsibilities are limited solely to the activities of Timmons Group and Timmons Group’s employees on the Project site. These Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 EXHIBIT B TERMS AND CONDITIONS CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 22 of 22 5410 Trinity Road Suite 102 Raleigh, NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com responsibilities shall not be inferred by any party to mean that Timmons Group has responsibility for Project site safety. The Client and Timmons Group agree that Project site safety is the sole and exclusive responsibility of the Project’s owners or contractor(s). The parties likewise agree that the Project contractor(s) is solely responsible for Project means, methods, techniques, sequences of operation and procedures, and that Timmons Group shall have no obligations relating to these contractor(s) duties. 8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, except as expressly stated in this Agreement, Timmons Group makes no representations or warranties, express or implied. Notwithstanding any other provision of this Agreement, the maximum liability, in the aggregate, to the Client and anyone claiming by or through the Client, of Timmons Group and its officers, directors, shareholders, partners, employees, agents and subconsultants, and any of them, for any and all claims, losses, or damages, including attorney’s fees, in any way related to or arising from the Project or this Agreement, shall not exceed Timmons Group’s total fee under this Agreement, or $50,000, whichever is less. 9. DISPUTE RESOLUTION: In the event of any action or proceeding brought by either party against the other under this Agreement, other than default on payment, the prevailing party shall be entitled to recover all costs and expenses, including its court reporter fees, expert witness fees, and reasonable attorney’s fees. If Timmons Group initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys’ fees and other expenses related to the proceedings. Such expense shall include the cost, at the Timmons Group normal hourly billing rates, of the time devoted to such proceedings by its employees. The parties agree to litigation in a court of competent jurisdiction or in the jurisdiction where the Project is located. 10. INDEMNIFICATION: Timmons Group agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees, against all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent caused solely and directly by the negligent performance of professional services by Timmons Group or its agents under this Agreement. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Timmons Group, its officers, directors, employees and agents, against all damages, costs and liabilities, including reasonable attorney’s fees, caused solely by the Client’s negligent acts in connection with the Project or that of its Contractor(s), subcontractors or consultants or anyone for whom the Client is legally liable. Neither Timmons Group nor the Client shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence. 11. MISCELLANEOUS: This Agreement constitutes the entire agreement of the Parties. All prior agreements, whether written or oral, are merged herein and shall be of no force or effect. This Agreement cannot be changed, modified or discharged orally, but only in an agreement in writing. If any term, condition, or provision of this Agreement is found unenforceable by a court of law or equity, this Agreement shall be construed as though that term, condition, or provision did not exist, and its unenforceability shall have no effect whatsoever on the rest of this Agreement. This represents drafting by both parties and in the event of ambiguities, the principle of interpretation against the drafter shall not apply. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Palacio Collaborative 400 Galleria Pkwy SE, Suite 1500 Atlanta, GA 30339 404.609.9006 • palaciocollaborative.com 08.15.2024 (Revised 08.16.2024) Adam Chahulski, AIA, NCARB, LEEP AP Sr. Vice President CPL 6302 Fairview Rd, Suite 102 Charlotte, NC 28210 AChahulski@CPLteam.com Re: Orange County Crisis Diversion Facility, Orange County, NC Dear Adam, Thank you for the opportunity to provide Cost Management Services for the Orange County Crisis Diversion Facility project. We have provided a fee proposal below based on the project being a +/- 27,000sf upgraded new-build facility and associated sitework with an anticipated construction budget of +/-$16,000,000 using the CM-at-Risk delivery method. 50% SCHEMATIC DESIGN ESTIMATE $19,750 Includes production of two (2) separate estimates (two building/site options), pre/post review, estimate revisions, modest allowance for alternates pricing, budget/scope alignment, and CM estimate review & reconciliation 50% DESIGN DEVELOPMENT ESTIMATE $29,500 Includes estimate production, pre/post review, estimate revisions, modest allowance for alternates pricing, budget/scope alignment, and CM estimate review & reconciliation 50% CONSTRUCTION DOCUMENTS ESTIMATE $ 8,500 Same scope of work as design development TOTAL COST MANAGEMENT FEE $57,750 Notes • We have included cost in the Schematic Design stage estimate for up to two different pricing exercises. • Estimate delivery timeline will be negotiated prior to start of work. Please anticipate at least a two (2) week turnaround and up to five (5) weeks to deliver a draft estimate for client’s review • The estimate production schedule will not start until all necessary documents are received. Receiving updated documents during estimate production may result in at least a three (3) day addition to the delivery schedule • Skipping a proposed design phase will result in a fee adjustment that equates to the higher figure between: o Fee of estimated phase + 50% of skipped phase o Fee of skipped phase + 50% of estimated phase • Providing an update of the completed design phase estimate to accommodate a +75% submittal will result in a 25% surcharge Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 PALACIO COLLABORATIVE | 2 Reimbursable Expenses No reimbursable expenses including travel, lodging, meals, parking, and auto mileage are anticipated or included in the fee. All meetings are presumed to be virtual. Supplemental Services • An additional fee to provide separate estimate breakouts for construction phases, departments, funding sources, by building, by floor, etc. will be negotiated once the impact on this effort is understood. Hourly Rates • Chief Cost Manager - $210/Hour • Senior Cost Manager II - $185/Hour • Senior Cost Consultants - $185/Hour • Senior Cost Manager I - $175/Hour • Cost Manager II - $155/Hour • Cost Manager I - $145/Hour We look forward to working with you on this exciting project. Do not hesitate to call me if you have any questions. Sincerely, Michael D. Palacio, CPE President | Chief Cost Manager Client Signature ___________________________________ Date __________________________ Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, ____________________________(the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES _____, or b. NO _____ 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This ____ day of _______________, 20__. Signature of Affiant Print or Type Name: _________________________ State of North Carolina, _________ County Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__. My Commission Expires: Notary Public (Affix Official/Notarial Seal) Adam Chahulski, AIA, NCARB, LEED AP CPL Architects and Engineers, P.C. X Adam Chahulski, AIA, NCARB, LEED AP Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/24/2024 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Chris Romano 714-427-3489 DesignProCerts@AssuredPartners.com License#:6003745 Valley Forge Insurance Company 20508 CPLARCH-01 Continental Insurance Company 35289CPLArchitects,Engineers,and Landscape Architect,DPC dba:CPL 255 Woodcliff Dr. Fairport NY 14450 XL Specialty Insurance Company 37885 196604195 A X 1,000,000 X 1,000,000 X Contractual Liab 15,000 1,000,000 2,000,000 X Y Y 7037093451 4/22/2024 4/22/2025 2,000,000 B 1,000,000 X X X Y Y 7037093448 4/22/2024 4/22/2025 B X X 10,000,000Y70370952164/22/2024Y 4/22/2025 10,000,000 X 10,000 B XY70371028754/22/2024 4/22/2025 1,000,000 1,000,000 1,000,000 C Professional Liab & Poll.Liability included Retro Date:01/01/1975 Y Y Y DPR5027357 4/22/2024 4/22/2025 Per Claim Annual Aggregate 5,000,000 7,000,000 Umbrella policy is follow-form to its underlying Policies:General Liability/Auto Liability/Employers Liability. RE:All Operations of the Named Insured Orange County,its officers,agents and employees are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract regarding activities by or on behalf of the Named Insured.The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability,Umbrella /Excess Liability and Workers Compensation /Employers Liability in favor of the Additional Insured. 30 day notice of cancellation Orange County 300 W Tyron St. PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 CNA II LESSOR -ADDITIONAL INSURED AND LOSS PA YEE Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CPL ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECT AND SURVEYOR D.P.C. Endorsement Effective Date: 04/22/2024 SCHEDULE Insurance Company: Valley Forge Insurance Company Policy Number: 7037093448 I Effective Date: 04/22/2024 Expiration Date: 04/22/2025 Named Insured: CPL ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECT AND SURVEYOR D.P.C. Address: 255 WOODCLIFF DR FAIRPORT, NY 14450-4219 Additional Insured (Lessor): Address: Designation Or Description Of "Leased Autos": Coverages Limit Of Insurance Liability $1,000,000 Each"Accident" Comprehensive Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $1,000 Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $1 ,000 Deductible For Each Covered "Leased Auto" Specified Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Deductible For Each Covered "Leased Auto" Form No: CA 20 01 10 13 Endorsement Effective Date: Endorsement Expiration Date: Policy No: BUA 7037093448 Policy Effective Date: 04/22/2024 Endorsement Page: 1 of 2 Underwriting Company: Continental Insurance Company © Copyright Insurance Services Office, Inc., 2011 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 CNA Business Auto Policy Policy Endorsement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Coverage 1.Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2.For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a.You; b.Any of your "employees" or agents; or c.Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3.The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B.Loss Payable Clause 1.We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a " leased auto". 2.The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3.If we make any payment to the lessor, we will obtain his or her rights against any other party. C.Cancellation 1.If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2.If you cancel the policy, we will mail notice to the lessor. 3.Cancellation ends this agreement. D.The lessor is not liable for payment of your premiums. E.Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra " auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Form No: CA 20 01 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement Page: 2 of 2 Underwriting Company: Continental Insurance Company © Copyright Insurance Services Office, Inc., 2011 Policy No: BUA 7037093448 Policy Effective Date: 04/22/2024 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 CNA Business Auto Policy Policy Endorsement II PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other Insurance Condition in the BUSINESS AUTO COVERAGE FORM and the Other Insurance -Primary And Excess Insurance Provisions in the MOTOR CARRIER COVERAGE FORM and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the AUTO DEALERS COVERAGE FORM and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Form No: CA 04 49 11 16 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 41; Page: 1 of 1 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright Insurance Services Office, Inc., 2016 Policy No: BUA 7037093448 Policy Effective Date: 04/22/2024 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 CNA II WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CPL ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECT AND SURVEYOR D.P.C. Endorsement Effective Date: 04/22/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(sl or organization(sl shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. form No: CA 04 44 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement Page: 1 of 1 Underwriting Company: Continental Insurance Company «:> Copyright Insurance Services Office, Inc., 2011 Policy No: BUA 7037093448 Policy Effective Date: 04/22/2024 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement II WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy . unless another expiration date is shown below. Form No: WC 00 03 13 (04-19841 Endorsement Effective Date: Endorsement Expiration Date: Endorsement Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, PA Copyright 1983 National Council on Compensation Insurance. Policy No: WC 7037102875 Policy Effective Date: 04/22/2024 Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 This endorsement, effective 12:01 a.m., 04/22/2024 forms a part of Policy No. DPR5027357 Issued to CPL Architects, Engineers, Landscape Architect and Surveyor, D.P.C. D/B/A CPL by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF POLICY CANCELLATION – BLANKET NOTICE TO DESIGNATED ENTITIES This endorsement modifies insurance provided under the following: PROFESSIONAL, ENVIRONMENTAL AND NETWORK SECURITY LIABILITY POLICY – ARCHITECTS, CONSULTANTS AND ENGINEERS Section XI. OTHER CONDITIONS, Paragraph A. Cancellation is amended by the addition of the following: In the event that the Company cancels or non-renews this Policy during the POLICY PERIOD, the Company agrees to provide (0) days’ prior written notice of cancellation or non-renewal of this Policy to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation or non-renewal of this Policy, provided that: 1.The Company receives, at least thirty (30) days prior to the date of cancellation or non-renewal, a written request from the NAMED INSURED to provide notice of cancellation to entities designated by the NAMED INSURED to receive such notice; and 2.The written request includes the name, address and email of each person or entity designated by the NAMED INSURED to receive such notice. The Company will assume that the list provided to the company by the NAMED INSURED is a complete and accurate list. This endorsement does not apply to non-renewal of the Policy at the end of the POLICY PERIOD or cancellation of the Policy for non-payment of premium to a premium finance company authorized to cancel the Policy. Furthermore, nothing contained in this endorsement shall be construed to provide any rights under the Policy to the entities receiving notice of cancellation pursuant to this endorsement, nor shall this endorsement amend or alter the effective date of cancellation stated in the cancellation notice issued to the NAMED INSURED. All other terms and conditions of the Policy remain unchanged. LDD 465 0620 Page 1 of 1 © 2020 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 iiiiiiii iiiiiiii -- -- CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B.additional insured coverage with "arising out of' language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 VALLEY FORGE INSURANCE COMPANY Policy No: 7037093451 Effective Date: 04/22/2024 Insured Name: CPL ARCHITECTS ENGINEERS' LANDSCAPE ARCHITECT AND SURVEYOR D. p Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and 8.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name: CPL ARCHITECTS ENGINEERS, Policy No: 7037093451 Effective Date: 04/22/2024 LANDSCAPE ARCHITECT AND SURVEYOR D.P Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 iiiiiiii -iiiiiiii CNA CNA PARAMOUNT General Aggregate Limit -Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A.all damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and B.all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. II.All: A.damages under Coverage B, regardless of the number of locations or projects involved; B.damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily injury or property damage included in the products completed operations hazard; and C.medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. Ill. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. IV.When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V.If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. -All other terms and conditions of the Policy remain unchanged.--This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75061XX (1-15) Page 1 of 1 VALLEY FORGE INSURANCE COMPANY Insured Name: CPL ARCHITECTS ENGINEERS, Policy No: 7037093451 Effective Date: 04/22/2024 LANDSCAPE ARCHITECT AND SURVEYOR D.P Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Policy#DPR5027357Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083 Policy#:DPR5027357Docusign Envelope ID: A2263B78-7746-40A2-A238-D34F6FAD8083