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HomeMy WebLinkAbout2026-124-E-AMS-Burke Design Group-Professional Engineering Services for Gateway Clean Agent Fire ProtectionRevised 01/24 1 [Departmental Use Only] TITLE Dry Sprinkler Gateway FY 2025-26 RFQ5457 NORTH CAROLINA SERVICES AGREEMENT RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 30th day of March, 2026, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Burke Design Group, PA, (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 Services Agreement (“Agreement”) is for services to be rendered by Provider to County with respect to (insert type of project): Professional Engineering Services 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 highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Revised 01/24 2 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 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. 3. Basic Services a. Basic Services. Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Revised 01/24 3 i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County’s Request for Proposals or Request for Qualifications (the “RFP”) “RFP Number 367-OC5457 for “Request for Qualifications for the Design and Construction of a Clean Agent Sprinkler System at the Register of Deeds Office located in Hillsborough, Orange County, North Carolina” issued July 22, 2025, and the Provider’s proposal, which are fully incorporated and integrated herein by reference together with Attachments A - Providers Proposal (designate all attachments). In the event a term or condition in any referenced document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County’s RFP together with attachments, Provider’s Proposal together with attachments. ii) The Basic Services will be performed by the Provider in accordance with the following schedule: (Insert milestones task list, dates and fees. If milestones are not established mark N/A under Milestone Task 1.) Milestone Task Milestone Date Milestone Fee 1. Preliminary Design 07/30/26 6712.00 2. Construction Documents 10/30/26 25,248.00 3. Bidding Support 12/30/26 1598.00 4. Construction Administration 06/30/27 7990.00 5. 6. 7. 8. 9. 10. iii) Should County reasonably determine that Provider has not met the Milestone Dates established in Section 3(a)(ii), County shall notify Provider of the failure to meet the Milestone Date. The County, at its discretion may provide the Provider seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Provider cures the breach. In the alternative, upon Provider’s failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Provider or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, County may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Provider. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 4. Duration of Services a. Term. The term of this Agreement shall be from March 30, 2026 to June 30, 2027. b. Scheduling of Services Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Revised 01/24 4 i) The Provider shall schedule and perform its activities in a timely manner so as to meet the Milestone Dates listed in Section 3. 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 March 30, 2026. 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 is Thirty-Nine Thousand, Five Hundred Fifty Dollars ($39,550.00). 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. Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as Project milestones as set out in Section 3(a)(ii) are achieved up to the corresponding milestone fee. (For example, Provider may invoice for the amount listed as the milestone fee corresponding to the first milestone task upon County’s acknowledgement of the satisfactory completion of Task one. Upon the County’s acknowledgement that the second Task has been satisfactorily completed Provider may invoice for that corresponding milestone fee.) Milestone fees shall be the maximum amount payable for its corresponding milestone task which shall not be altered except by written amendment. b. 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 (Angel Barnes) 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 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 Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Revised 01/24 5 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 NA (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 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 Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Revised 01/24 6 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 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. c. Compliance with Laws. 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 anti-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 this requirement 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. 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 Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Revised 01/24 7 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. 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 a suit or action. e. Entire Agreement. This Agreement, together with the RFP and its attachments and the Proposal and its attachments, 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 and Government Action. 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 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 Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Revised 01/24 8 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 & Address Attention: A. Barnes Burke Design Group, PA P.O. Box 8181 3305-109 Durham Dr Hillsborough, NC 27278 Raleigh, NC 27603 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: __________________________________ Ben Burke, PE Printed Name and Title Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 3/27/20264/9/2026 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Burke Design Group, PA Vendor Contact Person: Ben Burke (ben@bdg-nc.com) Phone: 919.771.1916 Address: 3305-109 Durham Drive City Raleigh State: NC Zip: 27603 Department: AMS Amount: $39,550.00 Purpose: Professional Engineering Services for Gateway Clean Agent Fire Protection Budget Code(s): 61370035-870000-11006 Vendor # 60926 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 03/30/2026 End Date 06/30/2027 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS 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: 11006) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(#RFQ 367- OC5457 Request for Qualification Process was used for this professional services agreement ) 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: ________ 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: Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 3/30/2026 4/8/2026 4/8/2026 4/9/2026 Revised 01/24 10 Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Burke Design Group, pa (919) 771-1916  (919) 779--0826 fax 3305-109 Durham Dr. Raleigh, NC 27603 Consulting Engineers DATE: December 19, 2025 CLIENT: Angel Barnes, Capital Projects Manager Orange County Asset Management Services 131 West Margaret Lane Hillsborough, NC 27278 PROJECT: Orange County Register of Deeds Clean Agent Fire Protection System Proposal for Architectural/Engineering Services ENGINEER: Burke Design Group, PA 3305-109 Durham Drive Raleigh, NC 27603 ARCHITECT: Coastal Architecture, PLLC 4206 Bridge Street Extension Morehead City, NC 28557 1. SERVICES Burke Design Group, PA (hereinafter BDG) and Coastal Architecture, PLLC, agree to provide the following normal services, performed in a manner consistent with professional skill and care for the project listed above: Architectural and engineering design for the clean agent fire protection system. The architectural design will include base layouts including egress plans, appendix B and code summary sheets. BDG will provide all engineering designs including the clean agent system design, supporting electrical, mechanical and any required fire alarm layouts. Bidding and full construction administration is also included. a) Preliminary Design I. Schematic layouts for the Owner’s approval b) Base on the approved plan, develop basic Construction Documents for obtaining permits I. Engineering Drawings (Plumbing, Mechanical, and Electrical only) II. Regular Review process and responses to code authorities (Express Review is not included) III. Project Bidding IV. Construction Administration (as required) 2. ADDITIONAL SERVICES a) Any site drawings required. b) Express Reviews. The client is responsible for all incurred expenses and time spent by BDG. c) As Built Drawings, if not provided by the owner or contractor. FIXED FEE AGREEMENT FOR PROFESSIONAL SERVICES ATTACHMENT ADocusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 3305-109 Durham Drive, Raleigh, NC. 27603. Tel: (919) 771-1916 d) Changes to or deviations from the drawings as a result of value engineering, contractor or owner changes, inaccurate or incomplete site information, which requires changes to drawings or time to be spent by BDG. 3. CLIENT’S RESPONSIBILITIES The Client shall provide full information about objectives, schedule, constraints and existing conditions of the project, and shall establish a budget with reasonable contingencies that meet the project requirements. Client shall employ a contractor to perform the construction work and to provide cost-estimating services. The Client shall furnish for the benefit of the project all legal, accounting and insurance counseling services. 4. COMPENSATION BDG/Coastal Architecture shall be compensated with a fixed fee of $39,550.00 (thirty nine thousand five hundred and fifty dollars) for the aforementioned services, consisting of the following components: Architectural permit drawings PME and FP permit drawings Bidding Construction Administration Project closeout BDG/Coastal Arch will also provide any “Additional Services” beyond the aforementioned normal services when authorized by the client. BDG/Coastal Arch shall be compensated for these Additional Services based on an hourly rate (see schedule). The hourly rate includes providing services required by changes in the Project including, but not limited to, size, quality, approval authorities, complexity, the Owner’s schedule, or the method of bidding or negotiating and contracting for construction. Additional Services performed during the month will be billed at the beginning of the following month. Principle: $150 Engineer: $125 Senior Designer: $100 Designer: $75 CAD Designer: $65 CAD Technician: $55 Administrative: $45 All payments are due and payable upon receipt of the design team’s invoice. An interest charge of 1.5% will be added to all invoices not paid within 30 days of issuance. Full payment is required by BDG/Coastal Arch prior to releasing documents for submittal of construction permitting. 5. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation and include expenses incurred by the Engineer, employees, and consultants directly related to the Project as follows: extensive transportation in connection with the project; fees paid for securing approval of authorities having jurisdiction over the Project; reproductions, plots, standard form documents, postage, handling and delivery of instruments of service; overtime expenses approved by the Owner; renderings, models and mock-ups requested by the Owner, other similar direct Project-related expenses. Express Reviews and hours incurred are considered reimbursable expenses. Any additional prints beyond those required for permitting (for project pricing, landlord’s use, etc.) are considered a reimbursable expense. BDG/Coastal Arch shall provide digital copies of approved plans for Client’s use upon request free of charge contingent upon final payment. Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 3305-109 Durham Drive, Raleigh, NC. 27603. Tel: (919) 771-1916 6. SUCCESSORS OR ASSIGNS The Client and BDG/Coastal Arch each binds themselves, successors, assigns, or legal representatives to all covenants of this agreement. Neither party may assign, sublet, or transfer his interest in the agreement without the written consent of the other. 7. HAZARDOUS MATERIALS The Engineer and the Engineer’s consultants shall have no responsibility for the identification discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form on the Project. 8. COLLECTION In the event BDG/Coastal Arch employs an attorney to collect money owed under this contract, the Client agrees to pay reasonable attorney’s fee not exceeding a sum equal to twenty-five percent (25%) of the outstanding balance owing at that time. In addition, the Client also agrees to pay other reasonable expenses incurred by BDG in connection with the collection of this account. 9. TERMINATION, SUSPENSION, OR ABANDONMENT Termination: This agreement may be terminated by either party upon thirty (30) days written notice to the other party and all outstanding balances will be considered due immediately. Suspension: If the Project is suspended or delayed for more than three (3) months, in whole or in part, BDG/Coastal Arch shall be paid its compensation for services performed prior to receipt of written notice of such suspension. If the project is again resumed after this suspension, compensation shall be subject to re-negotiation. Abandonment: If the Project is abandoned, in whole or in part, then BDG/Coastal Arch shall be paid its compensation for services performed prior to written notice of such abandonment. 10. OWNERSHIP These permit drawings will be prepared under contract for a specific project and will remain the intellectual property of the engineer. These documents are not to be used for any other purpose without the express written approval of BDG/Coastal Arch. This Contract is to be governed and construed in accordance with the laws of the State of North Caroline. This Contract is null and void if not signed and returned within thirty (30) days of the date of issue. This the 18th day of December 2025 Design Team- Burke Design Group, PA Coastal Architecurre, PLLC Ben Burke, PE- Burke Desing Group, PA: date: Lee Dixon, AIA- Coastal Architecture, PLLC date: Owner- Orange County, North Carolina Angel Barnes, PMP- Capital Projects Manager: date: Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 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 4/8/2026 Foundation Risk Partners,Corp. 8936 N Pointe Executive Park Dr,Suite 180 Huntersville NC 28078-4809 Ashley Hill 704-799-1600 ahill2@foundationrp.com XL Specialty Insurance Company 37885 BURKDES-01 Burke Design Group,PA 3305-109 Durham Dr Raleigh 27603 1535439429 A Professional Liability DPR5047716 9/2/2025 9/2/2026 Per Claim Aggregate 1,000,000 1,000,000 Policy provides thirty (30)day notice of cancellation,other than ten (10)days for non-payment of premium. Orange County Asset Management Services 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5 This endorsement, effective 12:01 a.m., 09/02/2025 forms a part of Policy No. DPR5047716 Issued to Burke Design Group, PA by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LDD 465 0620 Page 1 of 1 09/03/2025 5:27:31 PM © 2020 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 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 thirty (30) 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. Docusign Envelope ID: 8688CA54-797D-43A0-BB0C-FA4FFAABF5D5