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HomeMy WebLinkAbout2025-671-E-Planning Dept-Falcon Engineering-THIS ROUTING SHEET COVERS THE EXECUTION OF TWO ITEMS. THE FIRST ITEM IS NOT ARESOLUTION EXEMPTING GREENE TRACT – GEOTECHNICAL SERVICES FROM G.S. 143-64.31 WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management-at-risk services, and design-build services (collectively “design services”) to be based on qualifications and without regard to fee; WHEREAS, Orange County proposes to enter into one or more contracts for geotechnical services related to work on the Greene Tract Project; and WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services from the qualifications-based selection requirements of G.S. 143-64.31 if the estimated fee is less than $50,000; and WHEREAS, the estimated fee for design services for the above-described project is less than $50,000. NOW, THEREFORE, THE MANAGER OF ORANGE COUNTY RESOLVES: Section 1. The above-described project is hereby made exempt from the provisions of G.S. 143-64.31. Section 2. This resolution shall be effective upon adoption. _________________________________ ____________________ Travis Myren (County Manager) Date Orange County, North Carolina Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 10/30/2025 Revised 01/24 Vendor Edits 100925 CS/TM 1 [Departmental Use Only] TITLE Greene Tract_Geotech FY 25-26 NORTH CAROLINA FALCON ENGINEERING SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 10th day of October, 2025, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Falcon Engineering, Inc., (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Geotechnical Services for the Greene Tract ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same or similar time and in the same or similar locality and in accordance with applicable federal, state and local laws and regulations Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 2 applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits, or addenda. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 3 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Professional services as defined in Attachment 1 - Scope of Services 4. Duration of Services a. Term. The term of this Agreement shall be from October 10, 2025 to January 15, 2026. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be October 10, 2025. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed FORTY NINE THOUSAND FIVE HUNDRED Dollars ($49,500). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Christopher J. Sandt, P.E.) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 4 County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 5 remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 6 c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 7 functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Christopher J. Sandt, P.E. Falcon Engineering, Inc. P.O. Box 8181 1210 Trinity Road, Suite 110 Hillsborough, NC 27278 Cary, NC 27513 [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Travis Myren, County Manager By: __________________________________ Jeremy Hamm, Principal Printed Name and Title Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 Revised 01/24 Vendor Edits 100925 CS/TM 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Falcon Engineering, Inc. Vendor Contact Person: Jeremy Hamm, P.E. Phone: 919-302-9758 Address: 1210 Trinity Road, Suite 110 City Cary State: NC Zip: 27513 Department: Planning Amount: $49,500 Purpose: THIS ROUTING SHEET COVERS THE EXECUTION OF TWO ITEMS. THE FIRST ITEM IS NOT A CONTRACT. THE SECOND ITEM IS A CONTRACT: The first item is a Resolution exempting the Planning Department from performing a formal Request for Qualifications (RFQ) for Geotechnical Services for the Greene Tract as per Mini-Brooks requirements. The total professionl services fees will be less than $50,000. The second item is a proposed Professional Services Contract with Falcon Engineering, Inc. to perform Geotechnical Services for the Greene Tract. Budget Code(s): Greene Tract Services (#69502000-719037-72091) Vendor # 69137 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date October 10, 2025 End Date January 15, 2026 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by County Manager Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 10/10/2025 10/13/2025 10/28/2025 10/30/2025 Revised 01/24 Vendor Edits 100925 CS/TM 10 Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:________ Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 FALCON ENGINEERING, INC. / 1210 TRINITY ROAD, SUITE 110 CARY, NC 27513 / P: 919-871-0800 / WWW.FALCONENGINEERS.COM September 18, 2025 Perdita Holtz, AICP Orange County 131 W Margaret Lane, Suite 201 Hillsborough, NC 27278 Re: Proposal for Environmental and Geotechnical Services Greene Tract Due Diligence Orange County, North Carolina Falcon Proposal No.: F2025-098 Perdita: Falcon Engineering, Inc. (Falcon) is pleased to present our proposal to provide a Geotechnical Due Diligence Investigation and Phase I Environmental Site Assessment (ESA) for the referenced project. PROJECT DESCRIPTION Based on our correspondence and drawings provided, it is our understanding the following apply to the project:  Orange County will be the Client in charge of Falcon’s services and the project Owner.  The project consists of a large scale master-planned development currently known as the “Greene Tract” and as generally described at the following URL: https://www.orangecountync.gov/3070/Greene-Tract  Orange County wishes to contract with Falcon to provide separate Phase I ESA and Due Diligence Geotechnical Reports to satisfy environmental inquiry into the Project Area.  The Greene Tract consists of approximately 104 acres of land jointly owned by Orange County, Town of Chapel Hill, and Town of Carrboro, and an additional 60 acres of land solely owned by Orange County (also knows as the “Headwaters Preserve”.  The overall parcel is further delineated into areas designated Development Parcel, School/Rec Parcel, Future Development Tract, Headwaters Preserve, and Joint Owned Preserve Area. The Phase 1 ESA Study Area is the entirety of the combined tract. The geotechnical due diligence investigation is predominantly focused on the development parcel, with some additional borings along the planned site roadways and gravity sewer outfall. Should any of the above information or assumptions made by Falcon be inconsistent with the planned project, we request that you contact us immediately to allow us to make any necessary modifications to this proposal. SCOPE OF SERVICES – PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) The goal of the Phase I ESA is to assess the likelihood that a property has been contaminated. The Phase I ESA will be prepared in general accordance with ASTM Standard E 1527-21, Standard Practice for Phase I Environmental Site Assessments. The Phase I ESA will include:  Records Review  Site Reconnaissance  Interviews  Report Attachment 1 - Scope of Services Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 PROPOSAL FOR DUE DILIGENCE SERVICES ORANGE COUNTY / GREENE TRACT DUE DILIGENCE / F2025-098 / 9.18.2025 2 The Phase I ESA is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability. Additional requirements include but are not limited to performing a search for the existence of environmental liens and activity use limitations (AULs) and obtaining a current chain-of-title for the subject site back to at least 1940. These services are not included in this proposal. If a search is not available from the client, Falcon will review reasonably ascertainable Recorded Land Title Records at the local Register of Deeds Office and/or website. Falcon is not proposing to have this research performed by a legal professional, and the results should not be construed as a legal chain-of-title for the property, or acceptable lien or AUL search. SCOPE OF SERVICES – GEOTECHNICAL DUE DILIGENCE INVESTIGATION Boring Layout Falcon will select boring locations based roughly on the provided preliminary site layouts, accounting for varying topographical conditions or other observed features on site, and balancing geographic distribution. Coordinates of each location will be uploaded to a handheld GPS capable of submeter accuracy. Boring locations will be staked/marked in the field. Offsets may be necessary based on existing features such as topography, structures/equipment, trees, overhead obstructions, vehicles, and underground utilities. A preliminary boring location plan is attached to this proposal. Adjustments may be made to this boring plan based on County input, refinement by our Geotechnical staff, and/or to aid accessibility by moving borings closer to existing fire roads on site and/or away from any streams, large trees, thick vegetation, or other difficult conditions. Site Preparation The majority of borings on site are located within heavily wooded areas and will require clearing of vegetation in order to provide safe access paths and working areas for the drill crew. Clearing will be performed using a rotating drum hydraulic mulcher (aka “hydroaxe”). Clearing will be limited to the path of least resistance and most direct safe access to each boring, and can generally avoid trees larger than approximately 6 inches at chest height. Two (2) days of hydroaxe clearing are scoped. We will attempt to make use of existing fire roads and trails for drill rig access wherever possible. In addition, moving through mature woods generally only requires cutting of deadfall, underbrush, and small saplings. Therefore we may offset some borings which fall in areas with denser/less mature vegetation in order to reduce clearing costs and impacts to the site. Underground Utility Location Falcon will contact NC811 to request underground subscriber utilities be located onsite. This process takes a mandatory four (4) days to complete before any excavations can be made. NC811 will not mark privately owned underground utilities. We have not included Private Utility Location Services and assume private utilities are not present in the vicinity of our work. If you have knowledge of private utilities existing on either site please notify us so we can adjust our scope and fee accordingly. Falcon is not proposing to locate all utilities on site nor provide utility location mapping services. We will request only the utilities believed to be potentially in conflict with our borings to be located and marked. Field Investigation We have included provisions for thirty-eight (38) borings throughout the site, advanced up to 20 feet below the existing ground surface or to auger refusal, whichever occurs first. We will obtain two (2) bulk samples of auger cuttings for laboratory testing from the proposed pond areas. Following completion of drilling, initial groundwater and borehole cave-in measurements will be taken. Select boreholes will be left open and protected from the public for at least 24 hours. Falcon staff will return to the site to observe/measure stabilized groundwater depths and final borehole cave-in depths. Boreholes will be backfilled with auger cuttings and any excess cuttings will be evenly distributed at the ground surface around the boring Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 PROPOSAL FOR DUE DILIGENCE SERVICES ORANGE COUNTY / GREENE TRACT DUE DILIGENCE / F2025-098 / 9.18.2025 3 locations. No additional site restoration efforts are included in this cost estimate. As-drilled boring coordinates will be collected with handheld GPS capable of sub-meter accuracy. Laboratory Testing Soil samples obtained during drilling will be collected in moisture retarding containers and transported to our laboratory where they will be visually-manually classified by Geotechnical personnel in general accordance with Unified Soil Classification System (USCS). Our laboratory testing program for bulk and split-spoon samples recovered will consist of the following soil tests: Natural moisture content (Qty. 20), Atterberg limits (Qty. 8), Mechanical Sieve Analysis (Qty. 8), and Standard Proctor Compaction (Qty. 2). Tested samples will be retained in our office for a period of seven (7) days and untested samples will be retained in our office for a period of thirty (30) days unless otherwise requested. Assumptions 1. Falcon will have access to the site with only minimal coordination with the Client (i.e. prior notification via phone/email) and the site will be accessible between normal business hours (7am to 6pm, Monday through Friday). 2. No special work permits are required. 3. No site specific safety training is required. Deliverables Upon completion of the additional geotechnical field investigation and laboratory testing program, Falcon will prepare a Geotechnical Due Diligence Report for the project, including but not limited to the following information:  Descriptions of the Project, Site, and Site Geology.  Description of field and laboratory testing methods.  Discussion of subsurface conditions encountered including soil, rock and groundwater.  Discussion of noted areas of geotechnical interest.  Discussion of anticipated design and construction difficulties associated with the encountered site and subsurface conditions.  Discussion of geotechnical related considerations as they affect general project development feasibility and qualitative cost implications.  Appendix with the following:  Site Vicinity Map  Site Photographs  Legend to Soil/Rock Classification Symbols and Definitions  Boring Location Plans  Test Boring Logs with coordinates and ground surface elevation  Laboratory test results PROPOSED FEES The scope of services described herein can be completed for a lump sum fee of $49,500. Work will be invoiced in two equal installments. The first installment will be invoiced following delivery of the Phase 1 ESA report and completion of Geotechnical Field Investigation activities. The second installment will be invoiced following delivery of the Geotechnical Due Diligence Report and thus completion of the entirety of our scope. We will not exceed the authorized lump sum fees without prior Client authorization. We reserve the right to revisit this proposal if authorization is delayed more than 60 days from the time of this proposal or if the project is delayed longer than 30 days once a contract is signed. Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 PROPOSAL FOR DUE DILIGENCE SERVICES ORANGE COUNTY / GREENE TRACT DUE DILIGENCE / F2025-098 / 9.18.2025 4 AUTHORIZATION If this proposal is acceptable, please provide a Professional Services Agreement with this proposal attached for our review and execution. A copy will be executed and returned to you for your files. Falcon will invoice monthly as a percent complete for all work performed. All invoices are payable within thirty (30) days. We appreciate the opportunity to provide our services and look forward to partnering with you on this and future projects. If you have any questions or desire additional information about Falcon Engineering, Inc. and the many ways in which we may benefit you, please contact us at 919.871.0800. Respectfully submitted: FALCON ENGINEERING, INC. Christopher J. Burkhardt, PWS Jeremy R Hamm, PE Environmental Services Manager Principal | Director of Engineering Enclosures: Preliminary Boring Location Plan Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8 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 9/26/2025 Arthur J.Gallagher Risk Management Services,LLC Mail Stop:072102-CHA PO Box 4146 Clinton IA 52733-4146 Sheri Williams 919-582-4009 919-847-3160 Sheri_Williams@ajg.com Motorists Commercial Mutual Insurance Company 13331 FALCENG-02 Continental Casualty Company 20443FalconEngineering,Inc. 1210 Trinity Road,Suite 110 Cary,NC 27513 SummitPoint Insurance Company 15136 312130488 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X X Y 5001503587 3/1/2025 3/1/2026 2,000,000 A 1,000,000 X X X 5001503587 3/1/2025 3/1/2026 A X X 2,000,00050015222023/1/2025 3/1/2026 2,000,000 X 10,000 C X N WCN6011652 3/1/2025 3/1/2026 1,000,000 1,000,000 1,000,000 B Professional Liability MCH288392994 3/1/2025 3/1/2026 Limit Aggregate Retention $3,000,000 $3,000,000 $25,000 RE:Greene Tract Managers Meeting -Geotech Study (Primarily) Orange County,its officers,agents and employees are Additional Insureds under the General Liability Policy,subject to all policy terms and conditions. Orange County 300 West Tryon Street P.O.Box 8181 Hillsborough NC 27278 Docusign Envelope ID: 378DAE36-0D96-451C-A95E-B9F402F5FDA8