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010224 agenda packetREGULAR MEETING Date: Tuesday, January 2, 2024 Time: 9:00 a.m. Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington Harnett County Board of Commissioners Page | 1 1.Call to order – Chairman William Morris 2.Pledge of Allegiance and Invocation – Commissioner Matt Nicol 3.Consider additions and deletions to the published agenda. 4.Consent AgendaA.Minutesi.Work Session Minutes of December 12, 2023ii.Regular Meeting Minutes of December 18, 2023 5.Public Comment PeriodPeriod of up to 30 minutes for informal comments allowing 3 minutes for each presentation. 6.County Manager’s Report – Brent Trout, County ManagerA.Interdepartmental Budget AmendmentsB.Budget Amendments – Motion to approve budget amendments as requested by theFinance Officer. 7.New Business A.Consider a request for the Board to approve an engineering consulting agreement (task orderno. 3) with MBD Consulting Engineers PA out of Pinehurst, NC and Conway, SC; Steve Ward,Harnett Regional Water Director B.Consider a request to approve an easement for Duke Energy Progress, LLC for the propertylocated at Ashe Avenue, Dunn, NC; Christopher Appel, Senior Staff Attorney C.Consider a request for the Board of Commissioners to consider and approve the FY 24Transportation Reserve Directed Funds grant agreement (runway extension) for Harnett Countyin the amount of $15,600,000.00 appropriated by the North Carolina General Assembly; GregFrank, Harnett Regional Jetport Director D.Consider a request to approve the Jetport Terminal Furniture Bid; Brent Trout, County Manager E.Consider a request to approve the Work Authorization for Design and Bid Preparation for NewFuel Farm at Harnett Regional Jetport; Brent Trout, County Manager HCBOC 010224 a Pg. 1 Harnett County Board of Commissioners Page | 2 8.Closed Session 9.Adjourn CONDUCT OF THE JANUARY 2, 2024 MEETING Livestream of the meeting will be on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. HCBOC 010224 a Pg. 2 Harnett County Board of Commissioners Work Session Minutes December 12, 2023 Page 1 of 5 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session December 12, 2023 The Harnett County Board of Commissioners met in work session on Tuesday, December 12, 2023, at 9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: William Morris, Chairman W. Brooks Matthews, Vice Chairman Barbara McKoy, Commissioner Lewis W. Weatherspoon, Commissioner Matthew B. Nicol, Commissioner Staff present: Christopher Appel, Senior Staff Attorney Kimberly Honeycutt, Finance Officer Brent Trout, County Manager Jaime Bell-Raig, Deputy Clerk Chairman Morris called the Harnett County Board of Commissioners meeting to order at 9:00 am. Commissioner Weatherspoon led the Pledge of Allegiance and invocation. The following agenda was before the Board of Commissioners: 1.Call to order – Chairman William Morris 2.Pledge of Allegiance and Invocation – Commissioner Lewis W. Weatherspoon 3.Discuss suspending the issuance of building permits in the Rawls Church Road area until certain safety concerns are addressed; William Morris, Chairman 4.Discuss a request for approval of the selection of The Greer Group as part-time temporary staffing agency to provide payroll services for part-time seasonal election workers for the County; Janice Lane, Human Resources and Claire Jones, Elections Director 5.Discuss the acceptance of the Grassroots Grant; Desiree Patrick; Community Relations Director 6.Discuss a request for permission to accept award of $500,000 from the NC Agricultural Development and Farmland Preservation Trust Fund for use in securing a conservation easement on 330 acres of working forest land in NW Harnett County protecting water quality along both Hectors Creek and the Cape Fear River; Lynn Lambert, Natural Resources Director 7.Discuss a request for approval to enter into the GREAT grant 2023 3-way agreement between NCDIT Broadband Infrastructure Office, Connect Holding II, LLC dba Brightspeed, and the County of Harnett; Ira Hall, Chief Information Officer Item 4Ai HCBOC 010224 a Pg. 3 Harnett County Board of Commissioners Work Session Minutes December 12, 2023 Page 2 of 5 8. Discuss a request for approval to accept NCEM Hazardous Materials Emergency Preparedness Grant funding award in the amount of $10,000; Larry Smith, Emergency Services Director 9. Discuss a request for approval to move forward with HVAC control software update; Kenneth Snipes, Facility Maintenance Manager 10. Discuss a request to update the Bank Signature Card; Kimberly Honeycutt, Finance Officer 11. Discuss Reimbursement Policy; Kimberly Honeycutt, Finance Officer 12. Discuss a request to approve School Resource Office Agreements with the following local governments: Town of Angier, Town of Coats, City of Dunn and the Town of Erwin; Brent Trout, County Manager 13. Discuss a request for to accept two tracts of land located in the southwest side of the County close to Highway 87; Brent Trout, County Manager 14. Review applications to serve on Boards and Committees. 15. County Manager’s Report – Brent Trout, County Manager • December 18, 2023, Regular Meeting Agenda Review • Upcoming meetings and invitations 16. Closed Session 17. Adjourn Chairman Morris opened the floor for discussion regarding the issuance of building permits in the Rawls Church Road area until safety concerns are addressed, specifically with respect to the signal project. The North Carolina Department of Transportation, Division Six Engineer, Lee Jernigan, was here to discuss the time set out for the lighting project and the utility access issues that may rear up in the project. Commissioner McKoy asked Mr. Jernigan to check into the deep curve on the road and the fact that there was no signage to alert drivers of the curve in the road. Mr. Jernigan stated he would check into it. He mentioned a possibility of temporary poles as a temporary solution until the project could be addressed in its entirety but reiterated the time constraint issues around that possibility. Richie Hines, NC DOT Engineer, stated that the improvements to be made with Serenity Development would be phased and as they bring more lots the improvements would be commensurate with the additional lots. There was a mention that the first phase was for the turn lane, the next phase is the signal, and the third phase upon recording of the five hundredth lot would require turn lanes on the right and left side of the road, as well as a right turn lane on NC 401. Mr. Jernigan stated there are some scheduling issues which include utility access and right-of-way and poles which will be the bigger hurdle. Commissioner Weatherspoon questioned the temporary signal timing on implementation. Mr. Jernigan assured the Board that they would do what they could to aid in expediting the project and what can be done to find a temporary fix. Commissioner McKoy reiterated the need for the signal. Mr. Jernigan stated the project is slated for completion in March 2025. Chairman Morris mentioned the community is not happy and the number of accidents was concerning. Mr. Jernigan assured the board that the NCDOT would keep an open communication regarding the signal project. The question of a four-way stop was posed and Mr. Jernigan stated due to traffic volume it would not be a good option but would take a second look at the possibility and report HCBOC 010224 a Pg. 4 Harnett County Board of Commissioners Work Session Minutes December 12, 2023 Page 3 of 5 back to the board within the week. Commissioner Matthews mentioned he would like the DOT to go back and review for consideration of the four-way stop. Mr. Jernigan confirmed he would take a second look and report back to the board with their findings. Janice Lane requested approval of The Greer Group as part-time temporary staffing agency to provide payroll services for the part-time seasonal election workers for the County. Ms. Lane referred to the staffing contract with language provided by the staff legal department. Commissioner McKoy expressed her concern about Harnett County residents being selected for these positions and whether it would be more logical to hire staff internally to accomplish the same thing. Kimberly Honeycutt mentioned the work across several departments making it difficult to hire one person in Human Resources and that person’s ability to alleviate the administrative challenges related to election workers. Commissioner Nicol asked Ms. Lane if this group comes to the board as the best candidate, which she confirmed. Commissioner Matthews noted that these workers only work in a very small window of time, and it may not be feasible to hire to fill this need. Ms. Lane also mentioned hiring this group would alleviate the County’s liability with respect to workers compensation claims. Mr. Trout reiterated that this onboarding/payroll processes cross multiple departments. Chairman Morris asked about whether the contract could be terminated if the process does not work, and Ms. Lane assured that they could cancel the use of The Greer Group at any time. Mr. Appel confirmed that Harnett County residents are the only people eligible to fill the election worker positions. Commissioner Nicol recommended it be added to the consent agenda and the board agreed. It was added to the consent agenda. Desiree Patrick, Community Relations Director, reviewed a request for board approval of the Grassroots Arts Program grant from the North Carolina Arts Council. The grant funds in the amount of $90,966 from state funding and $66,275 in APRA federal funding will support arts organizations and programs within the County. There have been 10 applications for the state grants and 7 applications for the ARPA federal grant. The board moved to put on the consent agenda. It was added to the consent agenda. The Natural Resources Director, Lynn Lambert, requests approval to accept a $500,000.00 grant from the NC Agricultural Development and Farmland Preservation Trust fund for use in securing a conservation easement on 330 acres of working forest land in NW Harnett County protecting water quality along both Hectors Creek and the Cape Fear River. The parcel is located on Christian Light Road about a mile and half on the left. Ms. Lambert added that this would be a great benefit for the water quality for the area. Commissioner Weatherspoon recommended it be added to the consent agenda and the board agreed. It was added to the consent agenda. IT Director, Ira Hall, requests approval to enter into the GREAT grant 2023 3-way agreement between NCDIT Broadband Infrastructure Office, Connect Holding II, LLC dba Brightspeed, and the County of Harnett. Mr. Hall stated the State has given approval to move forward on the project. Mr. Hall provided a presentation showing the NConemap website reflecting the coverage for broadband. This grant will provide service for approximately 4700 locations. The County’s HCBOC 010224 a Pg. 5 Harnett County Board of Commissioners Work Session Minutes December 12, 2023 Page 4 of 5 matching funds obligation is $375,000, the State’s contribution to the project is approximately $4,000,000 and Brightspeed’s contribution is approximately $6,000,000. The board moved to put it on the consent agenda. It was added to the consent agenda. Emergency Services Director, Larry Smith, requests approval to accept NCEM Hazardous Materials Emergency Preparedness Grant funding award in the amount of $10,000 which has no cost to the County. Emergency Services use this grant to conduct hazardous materials exercises. This year they did a train derailment exercise and later brought in County leaders to discuss the exercise and what their role would be in those instances. The board moved to put it on the consent agenda. It was added to the consent agenda. Facility Maintenance Manager, Kenneth Snipes, requests approval to move forward with HVAC control software update. Mr. Snipes requested approval to move forward with HVAC control software update for five buildings and the total bid amount from Johnson Controls was $466,588. The project was funded this fiscal year and is coming out of capital reserve. Johnson Controls is consistent with what is already in other County buildings. The board moved to put it on the consent agenda. It was added to the consent agenda. Finance Officer, Kimberly Honeycutt reviewed a request for permission to update the Bank Signature Card. The reorganization of the board made it necessary to update the bank signature card. The board moved to put it on the consent agenda. It was added to the consent agenda. Finance Officer, Kimberly Honeycutt, discussed the draft reimbursement policy. She stated that she felt like it was in the best interest of the County to get a policy in place to provide directions on reimbursement requests. She mentioned that the policy states the Board of Commissioners are the governing body that set the fees which are included in the budget ordinance and the Board are the only ones that can modify the fees. She recommends that the departments collect all fees upfront and follow the policy to request any reimbursement. She stated the reason for this is to track actual growth and activity levels for each department. The board moved to put it on the consent agenda. It was added to the consent agenda. Brent Trout, County Manager reviewed a request for approval of the School Resource Officer agreements with the Town of Angier, Town of Coats, City of Dunn, and the Town of Erwin. Mr. Trout noted the last agreements were done in 2018 and renewal was necessary. It will change the reimbursement rate to match current cost to provide the officer in the school which only includes the salary and benefits, it does not include the cost of equipment or car. The towns pay for the cost of the officer which is then submitted to the County by the Board of Education for reimbursement. The contract becomes effective July 1 and also provides for 3% increase. The board moved to put it on the consent agenda. It was added to the consent agenda. Mr. Trout also reviewed a request for the approval to accept two tracts of land located in the southwest side of the County close to Highway 87. Mr. Trout noted that the parcels included a one-hundred and eighty one (181) acre tract and a two hundred and sixty (260) acre tract of land. HCBOC 010224 a Pg. 6 Harnett County Board of Commissioners Work Session Minutes December 12, 2023 Page 5 of 5 Mr. Snow and the attorney have been in touch and working through documents including obtaining a survey on larger parcel. Mr. Trout asked the property owner to complete phase 1 environmental study which has been completed with no issues determined. Commissioner Weatherspoon asked to confirm there were no conditions for use of the property which was confirmed by Mr. Trout. Mr. Snow mentioned the surveys should be done soon. Mr. Snow stated it should be a separate line item. Commissioners reviewed the applications submitted for various Board and Commission vacancies. Consensus of the Board was to place the reappointment of Vicky Walden to the Mid- Carolina Aging Advisory Committee on the consent agenda. During the County Manager’s Report, Mr. Trout mentioned that Rebecca Jackson would be reaching out to each of the Commissioners directly. Ms. Jackson assisted with the County’s Strategic Plan. Mr. Trout also noted that the staff has identified key strategic actions moving forward which will be discussed. Mr. Trout advised that the zoning case regarding the Rawls Church Road rezoning would need an action to deny or approve the request and because of the need for action the item will be placed on the next agenda. Commissioner Weatherspoon made a motion to go into Closed Session to consult with the County’s legal counsel in order to preserve the attorney-client privilege concerning the handling of certain claims and to discuss certain economic matters. This motion is made pursuant to NC General Statute Section 143-318.11 (a)(3). The motion was seconded by Commissioner Nicol and carried unanimously. Following a motion to come out of Closed Session, Chairman Morris called the meeting back into open session. Commissioner Matthews made a motion to adjourn at 10:55 am. The motion was seconded by Commissioner McKoy and carried unanimously. ____________________________________ ___________________________________ William Morris, Chairman Jaime Bell-Raig, Deputy Clerk HCBOC 010224 a Pg. 7 Harnett County Board of Commissioners December 18, 2023 Regular Meeting Minutes Page 1 of 5 HARNETT COUNTY BOARD OF COMMISSIONERS Regular Meeting Minutes December 18, 2023 The Harnett County Board of Commissioners met in regular session on Monday, December 18, 2023 at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: William Morris, Chairman W. Brooks Matthews, Vice Chairman Barbara McKoy, Commissioner Lewis W. Weatherspoon, Commissioner Matthew B. Nicol, Commissioner Staff present: Brent Trout, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa Capps, Clerk Chairman Morris called the meeting to order at 6:00 pm. Commissioner Weatherspoon led the Pledge of Allegiance and provided the invocation. Chairman Morris called for any additions or deletions to the published agenda. Chairman Morris requested the addition of Fayetteville Area Metropolitan Planning Organization (FAMPO) & Fayetteville Area System of Transit (FAST) Federal Transportation Administration (FTA) 5307 and 5310 Funding Application for Harnett Area Rural Transit System (HARTS) under new business. Vice Chaiman Matthews made a motion to approve the amended agenda. Commissioner Nicol seconded the motion. The motion carried unanimously. Commissioner Nicol made a motion to approve the consent agenda. Vice Chairman Matthews seconded the motion. The motion passed unanimously. The items on the consent agenda were as follows: A.Minutes i.Regular Meeting Minutes of December 4, 2023 B.Human Resources requests approval of the selection of The Greer Group as part-time temporary staffing agency to provide payroll services for part-time seasonal election workers for the County. C.Administration requests the Board of Commissioners approval to accept $157,241.00 in grant funding from the North Carolina Arts Council for the Fiscal Year 2024 Grassroots Arts Program Grant. D.Harnett Soil and Water Conservation requests permission to accept award of $500,000 from the NC Agricultural Development and Farmland Preservation Trust Fund for use in securing a conservation easement on 330 acres of working forest land in NW Harnett County protecting water quality along both Hectors Creek and the Cape Fear River. Item 4Aii HCBOC 010224 a Pg. 8 Harnett County Board of Commissioners December 18, 2023 Regular Meeting Minutes Page 2 of 5 E. Information Technology requests approval to enter into the GREAT Grant 2023 3-way agreement between NCDIT Broadband Infrastructure Office, Connect Holding II, LLC dba Brightspeed, and the County of Harnett. F. Emergency Services is requesting Board approval to accept NCEM Hazardous Materials Emergency Preparedness Grant funding award in the amount of $10,000. This grant funding is utilized to conduct county wide hazardous materials response and recovery exercises. These exercises are critical to our response preparedness across the county. G. Facilities requests approval to move forward with HVAC control software update. The software will upgrade and standardize all HV AC controls. The upgrade will include CCC Health Science, Tax and Register of Deeds, Courthouse, and Government Complex buildings. The total cost comes to $466,588.57. Johnson Controls, who currently holds the 3-year maintenance/service contract for the County will do the upgrade. H. The County of Harnett requires that each check written has two signatures. The two primary individuals that sign are the Finance Officer and the Chair of the Board of Commissioners. With the results of the Board's most recent reorganization, the Finance Department requests that the Board of Commissioners approve removing Commissioner Matthew Nicol as a signature on the County's bank account and adding newly elected Chair, William Morris as a signature on the County's bank accounts. I. Finance requests the Board of Commissioners approve the Reimbursement Policy. J. Administration requests the Board of Commissioners approve the School Resource Officer Agreements with the following local governments: Town of Angier, Town of Coats, City of Dunn and the Town of Erwin. K. The Harnett County Board of Commissioners would like to reappoint Vicky Walden to the Mid-Carolina Aging Advisory Committee. Matt Braswell, CPA, Martin Starnes Associates presented the County’s Annual Comprehensive Finance Report for Year ending June 30, 2023. Mr. Braswell reviewed highlights of the 2023 audited financial statements. Chairman Morris opened the meeting for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following person provided comments: 1. Steven Reeves of 21 Ithica Lane, Bunnlevel, NC. 2. Jonathan Tucker of 141 Country Haven Lane, Fuquay-Varnia, NC. 3. Marge Morton of 86 Gwendolyn Way, Fuquay-Varnia, NC. 4. Kent Jeffries of 747 Purfoy Road, Fuquay-Varnia NC. 5. Rebekah Brock of 5220 Christian Light Road, Fuquay-Varina, NC. No one else spoke. The public comment period was closed. Meade Brashaw, Senior Planner reviewed an item under old business; Proposed Zoning Change: Case # PLAN2309-0003 Landowner / Applicant: TFD, Inc. / Johnathan Tucker; 7.49 +/- acres; Pin #0654-59- 0569.000; From RA-30 to Commercial Zoning District; Hector’s Creek Township; Intersection of US Hwy 401 N & SR # 1415 (Rawls Church Road). Mr. Bradshaw stated as recall this was a rezoning case that was tabled at the last meeting, the public hearing was closed. Development Services staff HCBOC 010224 a Pg. 9 Harnett County Board of Commissioners December 18, 2023 Regular Meeting Minutes Page 3 of 5 recommends approval of the proposed zoning change based on compatibility with the county's land use plan. Commissioner Nicol made a motion to deny the commercial rezoning request. Chairman Morris seconded the motion for purpose of discussion. Vice Chairman Matthews stated as much as it gives me heartburn to vote against changing a residential zoning to a commercial zoning especially in light of the numbers that were heard during the public comment session regarding the study that was done in Lee County; I also have to heavily weight the citizens who showed up at the public hearing and spoke from that community. Vice Chairman Matthews stated I do not live in that community, but I do certainly honor and respect the opinion of the citizens of that community so, it is a very tough choice for me but at the same time I did want to say those are the thoughts that have been rolling through my mind as I have considered. Commissioner McKoy stated I have been thinking about it also, but as always I weigh on the side of the citizens, I will say we had a meeting with NCDOT and it was some discussion centered around that area and it was told to us by DOT that they would not be putting in any traffic lights or caution lights up there, so it’s a hard decision to make, I am much aware of the traffic issues that we have on that road, lets err on the side of the citizens. Commissioner Weatherspoon asked if DOT said they were not making any improvements at the intersection. Chairman Morris stated I spoke with Lee Jernigan as late as 20 minutes to 6:00, they have gone back and reviewed the process, they say a four way stop is completely out because of the volumes, they are still trying to work on it, but they have a right-of-way issue with the church, there’s a pole in Duke Energy’s right-of-way, there’s an issue, it could be resolved fairly quickly, it may take a while; he could not guarantee anything, but they are still working on it. Commissioner Weatherspoon stated I think the land use plan allows for commercial in that area and I have listened to citizens, one lady I remember, who spoke against a different rezoning, and stated what we need is grocery stores, I believe a grocery store is considered commercial. Commissioner Weatherspoon stated if the people that live in that area do not want any commercial, okay that’s fine, we won’t give you any commercial. Commissioner Weatherspoon stated I don’t know what the owner plans to do with it, he may get out there and build 15-20 houses, it is zoned for that. Chairman Morris called for a vote. The motion carried unanimously to deny the rezoning request. (Attachment 1) Chairman Morris stated I asked that the item 8. Discuss suspending the issuance of building permits in the Rawls Church Road area until certain safety concerns are addressed be added, we have talked about it a couple of weeks in a row now, we were waiting to see what DOT could offer. Mr. Trout stated from our standpoint, the best we can hope for is the timeline they provide and can hopefully move it up, 2024 at the earliest. DOT has stated they plan to install traffic signals, so that is encouraging at least, but that does not help our current situation. Mr. Trout stated Senior Staff Attorney, Christopher Appel provided information on a moratorium and the steps that would be required from the County to invoke that in that area. If that is what you would like to do, there is some strict language and proof that would be required in order to justify such as action. He also stated, which you have done with a couple of decisions you have made, is deny any requests for rezoning as it relates to going to more dense populations for rezoning. Attorney Appel reviewed statements required to implement a moratorium. Discussion continued and it was recommended this item be continued for additional discussion at the work session on January 9, 2024. Commissioner Weatherspoon stated he would like to hear from the Economic Development Director at that work session. Vice Chairman Matthews made a motion to carryover discussion to the January 9, 2024 work session. Commissioner Weatherspoon seconded the motion. The motion carried unanimously. HCBOC 010224 a Pg. 10 Harnett County Board of Commissioners December 18, 2023 Regular Meeting Minutes Page 4 of 5 Dwight Snow, County Attorney reviewed a request to accept two tracts of land located on the southwest side of the County. The owners of Lexington Plantation Holdings have offered to donate two tracts of land to Harnett County. The tracts are located in the southwest side of the county close to Highway 87. The property consists of forest land and wetland area. The first tract is approximately 181 acres in size with a pin number of 9595-42-8914.000 and is currently zoned RA20R. The second tract is approximately 260 acres in size with a pin number of 9594-57-4183.000 and is zoned RA20R and Conservation. The pin number represents a larger tract of 686 acres that the 260 acres would be separated from larger parcel with this transaction. The owner will also grant any necessary easements to the County to access the properties from their property. The owner has no stipulations for use of the property and would like to complete the sale prior to December 31, 2023. The first tract has a current value of $481,350 and the second tract has an estimated value of $558,850. The future use of the property will be considered once the property is acquired by the County. Chairman Morris asked Vice Chairman Matthews to read the Resolution to accept a donation and gift of real property from Lexington Plantation Holdings, LLC. Commissioner Weatherspoon made a motion to adopt the Resolution to accept the a donation and gift of real property from Lexington Plantation Holdings, LLC. The motion was seconded by Commissioner McKoy. Attorney Snow stated based on the initial surveys received today, the acreage on Tract 1should be 191.98 acres. Commissioner Weatherspoon made a motion to amend his motion to adopt the Resolution based on the revised acreage, (Tract 1 191.98 acres) and Tract 2 (263.51 acres). The amended motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 2) Lisa McFadden, Budget Director stated December 4th we held our first public input session on the recommended Capital Improvement Program and tonight we will hold the second public input session. Ms. McFadden provided a recap of new projects, current projects and future projects. Chairman Morris opened the public input session. No one spoke. The public input session was closed. Vice Chairman Matthews made a motion to accept the Capital Improvement Program as recommended. The motion was seconded by Commissioner Nicol and carried unanimously. Attorney Appel reviewed the proposed amendment to Section 2.1 Creation and Appointment of the Historic Preservation Ordinance of Harnett County. Vice Chairman Matthews stated just a question for clarification; 2 seated members from the same district and there could be an at-large from that same district. Attorney Appel stated that is correct. Commissioner McKoy stated this is just for the Historic Preservation Committee, not others right. Attorney Appel stated that is correct. Chairman Morris opened the public hearing. No one spoke and the public hearing was closed. Commissioner Nicol made a motion to approve the revision to Section 2.1 Creation and Appointment of the Historic Preservation Ordinance of Harnett County. The motion was seconded by Vice Chairman Matthews and carried unanimously. (Attachment 3) Mr Trout reminded the Board, the next meeting is January 2, it will be a regular meeting. We have received some grant items that will need action. He also reminded everyone due to holidays, all of the meetings in January will be held on Tuesdays. Commissioner Nicol made a motion to approve tax rebates and refunds. Vice Chairman Matthews seconded and it carried unanimously. (Attachment 4) HCBOC 010224 a Pg. 11 Harnett County Board of Commissioners December 18, 2023 Regular Meeting Minutes Page 5 of 5 Commissioner Nicol made a motion to approve tax rebates, refunds and releases as requested by the Tax Administrator. Vice Chairman Matthews seconded the motion and it carried unanimously. (Attachment 5) Mr. Trout reviewed a request from Harnett County Schools to approve a needs-based public school capital fund 2023-24 grant application for South Harnett (Flatwoods) Middle School. Commissioner Weatherspoon made a motion to approve the grant application for South Harnett (Flatwoods) Middle School. The motion was seconded by Commissioner McKoy and the motion carried unanimously. Barry Blevins, General Services Director, reviewed a request for the Board of Commissioners to consider and approve project funding applications to be submitted to FAST for FTA FY24 & FY25 5307 and 5310. The City of Fayetteville's FAST is an Urbanized System and therefore applies directly to FTA for federal transportation funding. Harnett, Hoke and Cumberland counties are sub-recipients for 5307 and in coordination with FAMPO are potential sub-recipients for 5310 funding because parts or all counties fall within FAMPO's Urbanized Area (UZA) planning region. FAST/FAMPO project application deadline is December 28, 2023. Notice was received on December 7, 2023. 5307 Urbanized Area Formula Grants provide funding for public transportation capital, planning, operations, job access and reverse commute projects. UZA population within the MPO planning area determines 5307 allocations. For Harnett County our allocation is $71,397 with NO match funding required. FAST administers funds. Harnett county is a sub-recipient. 5310 Enhanced Mobility for Seniors & Individuals with Disabilities provide funding for capital/operations and is administered by FAST and FAMPO. Staff anticipate at minimum, will apply for $25,000. 5310 has a 50/50 match, however, staff will leverage Rural Operating Assistance Program (ROAP) funds as allowed by program guidelines and will require NO match from the County. Receiving 5310 funding will help supplement NCDOT/IMD ROAP- Elderly and Disabled Transportation Assistance Program (EDTAP). FAST/FAMPO administers funds. Harnett county is a sub-recipient. Commissioner Nicol made a motion to approve project funding applications to be submitted to FAST for FTA FY24 & FY25 5307 and 5310. The motion was seconded by Vice Chairman Matthews and it carried unanimously. Commissioner Nicol made a motion to adjourn at 7:03 pm. The motion was seconded by Vice Chairman Matthews and carried unanimously. ____________________________________ ___________________________________ William Morris, Chairman Melissa Capps, Clerk HCBOC 010224 a Pg. 12 Attachment 1 HCBOC 010224 a Pg. 13 Attachment 2 HCBOC 010224 a Pg. 14 HCBOC 010224 a Pg. 15 Attachment 3 HCBOC 010224 a Pg. 16 HCBOC 010224 a Pg. 17 HCBOC 010224 a Pg. 18 HCBOC 010224 a Pg. 19 HCBOC 010224 a Pg. 20 HCBOC 010224 a Pg. 21 HCBOC 010224 a Pg. 22 HCBOC 010224 a Pg. 23 HCBOC 010224 a Pg. 24 HCBOC 010224 a Pg. 25 HCBOC 010224 a Pg. 26 HCBOC 010224 a Pg. 27 HCBOC 010224 a Pg. 28 HCBOC 010224 a Pg. 29 HCBOC 010224 a Pg. 30 HCBOC 010224 a Pg. 31 Attachment 4 HCBOC 010224 a Pg. 32 HCBOC 010224 a Pg. 33 HCBOC 010224 a Pg. 34 HCBOC 010224 a Pg. 35 HCBOC 010224 a Pg. 36 Attachment 5HCBOC 010224 a Pg. 37 HCBOC 010224 a Pg. 38 HCBOC 010224 a Pg. 39 HCBOC 010224 a Pg. 40 HCBOC 010224 a Pg. 41 HCBOC 010224 a Pg. 42 HCBOC 010224 a Pg. 43 HCBOC 010224 a Pg. 44 HCBOC 010224 a Pg. 45 HCBOC 010224 a Pg. 46 HCBOC 010224 a Pg. 47 HCBOC 010224 a Pg. 48 HCBOC 010224 a Pg. 49 HCBOC 010224 a Pg. 50 HCBOC 010224 a Pg. 51 HCBOC 010224 a Pg. 52 HCBOC 010224 a Pg. 53 HCBOC 010224 a Pg. 54 HCBOC 010224 a Pg. 55 Item 6A HCBOC 010224 a Pg. 56 HCBOC 010224 a Pg. 57 HCBOC 010224 a Pg. 58 HCBOC 010224 a Pg. 59 HCBOC 010224 a Pg. 60 HCBOC 010224 a Pg. 61 HCBOC 010224 a Pg. 62 HCBOC 010224 a Pg. 63 HCBOC 010224 a Pg. 64 HCBOC 010224 a Pg. 65 HCBOC 010224 a Pg. 66 HCBOC 010224 a Pg. 67 HCBOC 010224 a Pg. 68 HCBOC 010224 a Pg. 69 HCBOC 010224 a Pg. 70 HCBOC 010224 a Pg. 71 Item 6B HCBOC 010224 a Pg. 72 HCBOC 010224 a Pg. 73 HCBOC 010224 a Pg. 74 HCBOC 010224 a Pg. 75 HCBOC 010224 a Pg. 76 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\010224\7A.1 Engineering Agreement for NHWWTP Capacity Upgrade Task Order #3 Agenda Request.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 2, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Engineering Consultant Agreement for MBD Consulting Engineers, PA REQUESTED BY: Steve Ward, HRW Director REQUEST: This is a formal request for the Board to approve an engineering consulting agreement (task order no. 3) with MBD Consulting Engineers PA out of Pinehurst, NC and Conway, SC. This agreement is for the North Harnett Wastewater Treatment Plant Capacity Upgrade Project. This is for the third and final engineering task order of the project which consists of the construction management and inspection phases of the project. The agreement is attached for your review in the amount of $1,555,000. Please place this item on the agenda at the next available meeting. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 7A HCBOC 010224 a Pg. 77 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated [ ] ("Agreement"), Owner and Engineer agree as follows: 1.Background Data a.Effective Date of Task Order: b.Owner:County of Harnett c.Engineer:MBD Consulting Engineers, P.A. d.Specific Project (title):North Harnett WWTP Expansion e.Specific Project (description): Bidding and Construction Administration for the WWTP Expansion to 16.5 MGD 2.Services of Engineer A.Bidding or Negotiating Phase 1.After acceptance by Owner of the final Drawings and Specifications, other Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: a. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. b. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. c. Provide information or assistance needed by Owner in the course of any review of proposals or negotiations with prospective contractors. d. Consult with Owner as to the qualifications of prospective contractors. e. Consult with Owner as to the qualifications of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as to which review of qualifications is required by the issued documents. ATTACHMENT 3 TASK ORDER This is Task Order No. 3 , consisting of 9 pages. HCBOC 010224 a Pg. 78 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 f. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, and assist Owner in evaluating bids or proposals, assembling final contracts for the Work for execution by Owner and Contractor, and in issuing notices of award of such contracts. g. If Owner engages in negotiations with bidders or proposers, assist Owner with respect to technical and engineering issues that arise during the negotiations. h. Perform or provide the following other Bidding or Negotiating Phase tasks or deliverables: Engineer will prepare a detailed Recommendation of Award for the project and deliver to the Owner. Upon award of the Construction Contract, the Engineer shall furnish to Owner five executed copies of the Contract Documents and one electronic copy of the signed documents, including Drawings and Specifications. 2.The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). B.Construction Phase 1.Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: a. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in this Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. b. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. c. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01. d. Pre-Construction Conference: Participate and chair a pre-construction conference prior to commencement of Work at the Site. HCBOC 010224 a Pg. 79 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 e. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post- Construction Phase. f. Original Documents: Maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. g. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. h. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. i. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a.Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b.The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or HCBOC 010224 a Pg. 80 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. j. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. k. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. l. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. m. Non-reviewable Matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. n. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. o. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. p. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner’s use. q. Shop Drawings, Samples, and Other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to HCBOC 010224 a Pg. 81 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. r. Substitutes and “Or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Agreement. Review of substitutes and “or equals” shall be in accordance with the General Conditions of the Construction Contract and applicable Agency regulations. s. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require special inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. t. Change Proposals and Claims: (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. u. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price Work, HCBOC 010224 a Pg. 82 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. v. Contractor’s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under this Agreement. Receive from Contractor and review the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The Engineer shall prepare Record Drawings, and furnish such Record Drawings to Owner. w. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. x. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form attached hereto as Exhibit E (“Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of the Notice and Paragraph A1.05.A.21.b) to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under this Agreement. y. Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer HCBOC 010224 a Pg. 83 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 2. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Post-Construction Phase 1. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall: a. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. b. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. c. Perform or provide the following other Post-Construction Phase tasks or deliverables: 2. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. 3. Additional Services N/A 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: 5. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Action Schedule Engineer HCBOC 010224 a Pg. 84 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 Engineer Owner 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Bidding and Award $65,000 Lump Sum 2. Engineering During Construction $675,000 Lump Sum 3. Inspection $720,000 Lump Sum 4. Final Payment $90,000 Lump Sum TOTAL COMPENSATION $1,550,000 Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer’s labor, overhead, profit, reimbursable expenses (if any), and Consultants’ charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Other Documents Incorporated by Reference: 8. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. HCBOC 010224 a Pg. 85 00105429.1 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 The Effective Date of this Task Order is [ ]. OWNER: County of Harnett ENGINEER: MBD Consulting Engineers, P.A. By: By: Print Name: Print Name: Joseph W. McGougan, P.E. Title: Chairman Title: President Engineer License or Firm’s Certificate No. (if required): C-0644 State of: North Carolina DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Steve Ward Name: Joseph W. McGougan, P.E. Title: Director Title: President Address: 700 McKinney Parkway Lillington, NC 27546 Address: 911 Norman Alley Conway, SC 29526 E-Mail Address: sward@harnett.org E-Mail Address: jmcgougan@mbd-eng.com Phone: 910-893-7575 Phone: 843-488-0124 William Morris HCBOC 010224 a Pg. 86 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\010224\7B.1 Duke Easement_Ashe Ave.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 2, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Duke Energy Progress Easement REQUESTED BY: Christopher Appel - Legal Department REQUEST: The legal department requests approval of the Duke Energy easement for the property located at Ashe Avenue in Dunn which would grant access to Duke Energy Progress to allow them to provide utility services to residents adjacent to the property. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 7B HCBOC 010224 a Pg. 87 For Grantee’s Internal Use: Work Order #: 51517312-70 Page 1 of 3 Prepared by: Return to: Duke Energy Progress, LLC Duke Energy Progress, LLC Attn: Georgia Kovacs 162 Centerline Drive Selma, NC 27576 Parcel # 1507-58-7395 EASEMENT State of North Carolina County of Harnett THIS EASEMENT (“Easement”) is made this ____ day of _____________ 20____, from COUNTY OF HARNETT, a body politic and corporate (“Grantor”, whether one or more), to DUKE ENERGY PROGRESS, LLC, a North Carolina limited liability company (“Grantee”). Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto Grantee a perpetual and non-exclusive easement, to construct, reconstruct, operate, patrol, maintain, repair, replace, relocate, add to, modify, and remove electric and communication lines including, but not limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the transmission and distribution of electrical energy, and for technological purposes related to the operation of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers (collectively, “Facilities”). Grantor is the owner of that certain property described in that instrument recorded in Deed Book 2244, Page 381, Harnett County Register of Deeds (“Property”). The Facilities may be underground and located in, upon, over, along, under, through, and across a portion of the Property within an easement area described as follows: A strip of land twenty feet (20') in uniform width for the underground portion of said Facilities, lying equidistant on both sides of a centerline, which centerline shall be established by the center of the Facilities as installed, along with an area ten feet (10') wide on all sides of the foundation of any Grantee enclosure/transformer, vault and/or manhole, (hereinafter referred to as the ''Easement Area''). The rights granted herein include, but are not limited to, the following: HCBOC 010224 a Pg. 88 For Grantee’s Internal Use: Work Order #: 51517312-70 Page 2 of 3 1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and adjoining public roads where practical as determined by Grantee). 2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at any time or times and using safe and generally accepted arboricultural practices, trees, limbs, undergrowth, other vegetation, and obstructions. 3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or leaning trees or limbs, which, in the opinion of Grantee, might fall upon the Easement Area or interfere with the safe and reliable operation of the Facilities. 4. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to conform to any future highway or street relocation, widening, or alterations. 5. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or obstructions, within or adjacent to the Easement Area, which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such structure, improvement, facility, or obstruction at the expense of Grantor. 6. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the surface area of the Easement Area and Property resulting from the exercise of the rights granted herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition prior to the damage, and shall only be to the extent such damage was caused by Grantee or its contractors or employees. 7. The rights granted in this Easement include the right to install Facilities wherever needed on the Property to serve future development on the Property and adjoining lands, however, the facilities shall not interfere with or obstruct the use of grantor property as a pedestrian trail. Portions of the Facilities may be installed immediately and other portions may be installed in the future as the need develops. Facilities installed in the future shall be installed at locations mutually agreeable to the parties hereto if they are to be located outside of the Easement Area. Upon any future installations of Facilities at mutually agreed locations, the Easement Area shall be deemed to include such future locations. 8. All other rights and privileges reasonably necessary, in Grantee's sole discretion, for the safe, reliable, and efficient installation, operation, and maintenance of the Facilities. The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time, or from time to time, to exercise any and all such rights. TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors, licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful possession, use and enjoyment of the same. HCBOC 010224 a Pg. 89 For Grantee’s Internal Use: Work Order #: 51517312-70 Page 3 of 3 IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this ____ day of ___________________, 20_____. COUNTY OF HARNETT a body politic and corporate ____________________________________ (SEAL) William Morris, Chairman of the Board of Commissioners Attest: _________________________________ Melissa Capps, Clerk to the Board of Commissioners STATE OF _______________________ COUNTY OF _____________________ I, ________________________________, a Notary Public of ________________________ County, State of __________________________, certify that Melissa Capps personally appeared before me this day and acknowledged that he/she is Clerk to the Board of Commissioners of COUNTY OF HARNETT, a body politic and corporate, and that by authority duly given and as the act of said corporation, the foregoing EASEMENT was signed in its name by the Chairman of the Board of Commissioners, sealed with its official seal, and attested by herself/himself as its Clerk to the Board of Commissioners. Witness my hand and notarial seal, this ____ day of ______________________, 20_____. Notary Public: Commission expires: HCBOC 010224 a Pg. 90 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\010224\7C.1 24.01.02 - Agenda - TRDF Grant Agreement.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 2, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Transportation Reserve Grant - Runway Extension Project 36244.35.10.1 REQUESTED BY: Greg Frank REQUEST: Greg Frank, Director of Harnett Regional Jetport, request the Board of Commissioners consider and approve the FY 24 Transportation Reserve Directed Funds grant agreement for Harnett County in the amount of $15,600,000.00 appropriated by the North Carolina General Assembly. There is no required County match. These funds will be used towards capital improvement projects at Harnett Regional Jetport. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 7C HCBOC 010224 a Pg. 91 HCBOC 010224 a Pg. 92 Board Meeting Agenda Item MEETING DATE: January 2, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Jetport Terminal Office Furniture Bid Approval REQUESTED BY: Brent Trout, County Manager REQUEST: The Jetport Terminal project continues to make good progress with a completion coming within the next couple of months. The new building also needs new furniture for the offices and common areas. We had received a significant amount of interest in this project so the decision was made to publish a Request for Proposal (RFP) to ensure equal opportunity to all vendors interested. An RFP was published seeking bids for the furniture about a month ago with a due date of December 18, 2023. The County received one quote in response to the RFP. The received bid was within budget and similar to the intial estimate that we received prior to deciding to issue the RFP. The bid was received from Southeastern Interiors. The total bid amount for all the requested furniture is $215,860.94. I am requesting approval of the award of the bid for this project to Southeastern Interiors. If the board approves the bid staff will meet with Southeastern Interiors staff and choose finishes and colors for the furniture and place our order. I have placed this item on the agenda for approval because of the time it will take from ordering to delivery. Delivery has been expressed as between one month to two months depending on the materials selected. The Jetport staff will move in to the building utilizing existing furniture until the new furniture arrives. The Economic Development Department staff will move to the Terminal offices after the new furniture arrives. C:\Users\mdcapps\AppData\Local\Mic rosoft\Windows\lNetCache\Content.Out look\ALWFY7PE\Jetport Tenninal Furniture Bid Approval agendaform2024.docx Page 1 of 2 Item 7D HCBOC 010224 a Pg. 93 HCBOC 010224 a Pg. 94 HCBOC 010224 a Pg. 95 HCBOC 010224 a Pg. 96 HCBOC 010224 a Pg. 97 HCBOC 010224 a Pg. 98 HCBOC 010224 a Pg. 99 HCBOC 010224 a Pg. 100 HCBOC 010224 a Pg. 101 HCBOC 010224 a Pg. 102 HCBOC 010224 a Pg. 103 HCBOC 010224 a Pg. 104 HCBOC 010224 a Pg. 105 HCBOC 010224 a Pg. 106 HCBOC 010224 a Pg. 107 HCBOC 010224 a Pg. 108 HCBOC 010224 a Pg. 109 HCBOC 010224 a Pg. 110 HCBOC 010224 a Pg. 111 HCBOC 010224 a Pg. 112 HCBOC 010224 a Pg. 113 HCBOC 010224 a Pg. 114 HCBOC 010224 a Pg. 115 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\010224\7E.1 HRJ Fuel Farm Work Authorization.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: January 2, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Work Authorization for Design and Bid Preparation for New Fuel Farm at Harnett Regional Jetport REQUESTED BY: Brent Trout, County Manager REQUEST: The current fuel farm at the Harnett Regional Jetport consisting of a 12,000 gallon AVGAS tank and a 12,000 gallon Jet-A tank is currently past its useful life. The tanks do not currently meet NFPA and safety requirements. The current system presents numerous safety hazards, mechanical issues, and is not capable of bottom loading which requires staff to manually fill a tanker truck from the top fill hatch. The tanks therefore need to be replaced as soon as possible. The County's engineer of record, Parrish and Partners of North Carolina, PLLC, has submitted a requested Work Authorization for Professional Services to create a design and conduct project bidding services for a new fuel tank farm. The total cost of the contract for these services is valued at $121,944. The Department of Aviation has conducted and Independent Fee Estimate for these services and determined that the proposed fees are within 10% of their estimate and therefore meet the threshold required for Harnett County to accept the proposal. Parrish and Partners is prepared to begin this work as soon as authorized. The cost of the design is being paid for with grant funds from the Department of Aviation allocated to the County each year. Item 7E HCBOC 010224 a Pg. 116 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\010224\7E.1 HRJ Fuel Farm Work Authorization.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 010224 a Pg. 117 Page 1 of 8 October 10, 2023 Harnett Regional Jetport (HRJ) Work Authorization for Professional Services Parrish & Partners of North Carolina, PLLC WBS: TBD Funding Source: NPE TBD 4 (Project Number) (Work Authorization No.) Replace Fuel Farm (Project Title) It is agreed to undertake the following work in accordance with the provisions of the Master Agreement for Professional Services dated January 5, 2022. I. Project Description: The Harnett Regional Jetport (HRJ) proposes to construct a new fuel farm to replace its existing single 12,000 gallon AVGAS and single 12,000 gallon Jet-A tank that are currently past their useful lives, and do not meet current NFPA and safety requirements. The current system presents numerous safety hazards, mechanical issues, and is not capable of bottom loading which requires staff to manually fill tanker truck from the top fill hatch. The general scope of the project will involve multiple key tasks that include: • Project Formulation and scoping to determine placement of the new system that will allow for the best operational configuration. • Coordination with the local fire marshal • Owner requirements determination • Schematic (30%) design to include up to placement configurations for OWNER approval of a final layout. • NC Building Code and NFPA research to determine building separations, equipment requirements, and tank separation • Phasing to include maintaining operation of existing tanks temporarily during construction. • Tank manufacturer research to determine lead times for various models and systems • Final Design (60%/90%/Bidding Documents) to include: o Project Phasing o Tank configurations to include weather shelters over self-serve equipment for both Jet-A and AVGAS o Fuel truck parking configurations o Tanker access and requirements This project complies with the existing ALP and the ALP currently under final review. HCBOC 010224 a Pg. 118 Page 2 of 8 October 10, 2023 Other project details include: 1. Survey 2. Geotechnical testing for foundation design 3. NAVAID changes or modifications are not anticipated; 4. NEPA Permitting will include a CatEX through NCDOA 5. 401/404 Individual Permits are not anticipated for this project. 6. Horizontal and vertical design of the system to include potential vertical separation between the tanks and pumping equipment, tank separation, and drainage design 7. Airfield electrical vault modification is not included. 8. NCDEQ Land Disturbance permitting is not included due to project size being less than 1 acre 9. Utility relocation (Water, sewer, gas) is not anticipated or included. With the exception of relocation or installation of a new Cat 5 communication cable to serve the fuel farm. 10. Development of a Construction Safety and Phasing plan is included 11. Project management services are included 12. Local review at the County level is included 13. Permitting fees are not included 14. Preparation of specification and project manual is included 15. Bidding services are included 16. Preparation of an Engineer’s Report is included 17. Grant management is included II. Design Criteria and Methodology The following are the primary FAA Advisory Circulars and other design standards to be utilized during the design effort. All design will be performed according to the current edition at the time of execution of this work authorization • NFPA 407 • NC Building Code • NC Fire Code • FAA AC 150/5300-13; Airport Design • FAA AC 150/5340-1; Standards for Airport Markings • FAA AC 150/5370-2; Operational Safety on Airports During Construction • FAA AC 150/5320-6; Airport Pavement Design and Evaluation • FAA AC 150/5370-10; Standards for Specifying Construction of Airports • Federal Aviation Regulation Part 77 Surfaces HCBOC 010224 a Pg. 119 Page 3 of 8 October 10, 2023 III. Scope of Services: A. BASIC SERVICES: The CONSULTANT shall perform the following Basic Services for the project as outlined in Exhibit C of the above referenced Master Agreement and further described below: A. Schematic Design: The CONSULTANT shall: a) Prepare geometric conceptual layouts in the vicinity of the existing fuel farm for OWNER consideration to result in a single final configuration. b) Prepare typical vertical sections for owner consideration to avoid conflict with the existing apron drainage, existing drainage inlets, existing duct bank and high mast lighting within the project area, existing hangars, parking areas, and terminal. c) Plan sheets to include; • Geometric Layout (3 sheets) • Proposed sections (3 sheets) B. Final Design – Prepare 60%90%/100% (Bidding Documents): The CONSULTANT shall: a) Perform General Project Coordination with OWNER on matters affecting the Project and general correspondence preparation, as needed; b) Coordinate with OWNER and funding agencies as necessary, including but not limited to coordination with airport users on potential construction schedules and submission of FAA Form 7460; c) Finalize design of the project and prepare detailed plans, CATEX Simple Written Record, technical specifications, at the 60%, 90% and 100% (Bid) completion level. An estimated list of sheets are as follows; • Cover Sheet (1 sheet) • Construction Safety and Phasing Plans (8 sheets) 1. General Notes 2. Safety Notes 3. Existing Conditions 4. Project Layout 5. Phasing Plan (2 Sheets) 6. Survey Control 7. Construction Equipment Heights • Geometric Layout and Dimension Plan (1 sheet) • Erosion Control Plan (1 sheet) • Erosion Control Details (1 sheet) • Grading and Drainage Plan (1 sheet) HCBOC 010224 a Pg. 120 Page 4 of 8 October 10, 2023 • Drainage Details (1 sheet) • Typical Sections (1 sheet) • Fuel Farm details (4 sheets) • Paving Details (1 sheet) Plan Sheet Total: 20 sheets • Other Documents: 1. Engineer’s Report 2. Project Manual d) Report, including adjustments to the preliminary estimate of probable construction costs caused by changes in general scope, extent or character or design requirements of the PROJECT, or market conditions; e) Perform quality review and revisions prior to submissions of documents; f) Incorporate OWNER and NCDOT-DOA comments from 60% and 90% submittals into 100% (Bid) Plan Set; g) Print and provide necessary copies for in-house production of engineering drawings and contract specifications; h) Distribute documents for approvals to OWNER, NCDOT-DOA, and other regulatory agencies; i) Request DBE goals from NCDOA goals at the 90% level of completion; and j) Submittals will be made at 60%, 90% and 100% levels of completion. Each submittal will consist of plans, cost estimate, and engineer’s report. Electronic copies (PDF) of the final design report and plans will be provided to NCDOA and OWNER for each review. Upon submittal of 90% documents, a review conference call will be requested with OWNER and NCDOA. SPECIAL SERVICES: The CONSULTANT shall perform the following Special Services for the project as outlined in Exhibits B and C of the above referenced Master Agreement. The CONSULTANT shall provide professional services in accordance with the following tasks described below: C. Project Management Services 1. Project Management: Assist OWNER in project scoping, conduct project status updates during Airport Commission meetings, and other project related tasks not specifically covered in other elements. Documents will be prepared in accordance with current Aviation checklists on the DOA website. D. Bidding Services: The CONSULTANT shall: 1. Assist the OWNER in advertising for and obtaining bids for the PROJECT, in accordance with state and federal bidding requirements, and maintain a record of prospective bidders to whom Bidding Documents have been issued, and receive and process payments for Bidding Documents; HCBOC 010224 a Pg. 121 Page 5 of 8 October 10, 2023 2. Receive and respond to contractor inquiries related to the PROJECT; 3. Assist the OWNER in conducting a pre-bid conference to share pertinent bidding and technical information and requirements with prospective bidders; 4. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents; 5. Distribute sets of Bidding Documents to Prospective Bidders and selected plan rooms during the Bidding Phase; 6. Attend the bid opening, prepare bid tabulation sheets, assist OWNER in evaluating bids, and provide a formal recommendation to award; 7. Invite NCDOA to all pre and post bid meetings; and 8. Submit AV100 checklist dated 10/2020 to NCDOA with required documentation. E. Pre-Design Surveying and Geotechnical Investigation Services. Topographical design data will be obtained to provide general grade and site information in addition to utility locations and drainage information. Pre-Design Geotechnical Investigation Services will be performed to provide existing soils information and information on the subgrade conditions for pavement design and analysis of unsuitable materials that may be present. Additionally, preliminary soil bearing pressures will be provided for foundation determination and future design. IV. Schedule: The following is the proposed project design schedule: Project Formulation/Contracting 7 days Survey/Geotechnical 30 days 30% Design Complete 20 Days 60% Design Complete 30 days NCDOA/Client Review 14 days 90% Design Complete 30 days NCDOA/Client Review 14 days 100% Plans Complete 10 days Bidding 30 days Total 185 days V. General Assumptions, Clarifications, and Deliverables 1) Schematic Design a. Best available information will be used to prepare 3 concept drawings for OWNER consideration 2) Final Design – Prepare 60%, 90% and 100% (As-Bid Plans) HCBOC 010224 a Pg. 122 Page 6 of 8 October 10, 2023 a. One site visit is included in this Phase: Site walkover for a visual assessment (Sr. Project Manager and Civil Associate). b. Construction Safety and Phasing Plans (CSPP) will be prepared and coordinated with NCDOA as appropriate. c. The 60%, 90% and 100% Plans will be prepared with a single bid schedule. Alternate bid schedules are not anticipated. d. At the end of the 60% design phase, permits will be submitted for NEPA, utilities, stormwater, and erosion control permitting. e. Plan review meetings will be held in-person. f. The Design Phase ends upon submittal of 100% Plans. 3) Bidding Phase a. The cost of publishing the advertisement for bids in local publications is not included in this Agreement. The Owner will pay for the cost of advertising directly to the publisher. b. The cost of reproducing bid documents is not included. These costs will be passed onto potential bidders. c. The Bidding Phase ends upon submission of the recommendation to award letter to the Airport Director and the Commission. d. Two site visits are included in this Phase: Pre-bid conference (Sr. Project Manager) and one (1) Bid Opening (Sr. Project Manager). e. Completion and submission of the AV100 Checklist Dated 10/2020 4) Survey and Geotechnical Investigation will be used for design 5) Erosion Control Permitting i. Not anticipated due to project disturbing less than 1 acre 6) NEPA Permitting Services a. A waters of the U.S. delineation survey plat will not be prepared. b. Product includes a CATEX 7) Deliverables a. Preliminary and Final Design i. PDF copies of plans, specifications, and Engineer’s Report will be provided to NCDOT-DOA for review. Bound versions of the specifications, project manual, and Engineer’s Report will also be provided to OWNER. b. Bidding Phase i. Review of bids received for conformance with plans and project manual. ii. Summary of bids received and a unit cost analysis. iii. Recommendation of award c. Special Services i. Final survey in format suitable (Civil 3d) for use in design efforts. ii. The preliminary draft Categorical Exclusion will be submitted electronically to the OWNER for review and approval prior to submitting the document to the NCDOT. HCBOC 010224 a Pg. 123 Page 7 of 8 October 10, 2023 iii. The draft Categorical Exclusion will be submitted electronically to the NCDOT for review and approval. iv. one (1) electronic copy of the final NCDOT-approved Categorical Exclusion will be provided to the OWNER. VI. Basis of Compensation: The OWNER agrees to compensate the CONSULTANT for services performed for the work described herein as follows: A. BASIC SERVICES: 1. Schematic Design: As compensation for providing Schematic Design, the OWNER shall pay the CONSULTANT the lump sum amount of Fourteen Thousand Three Hundred Thirty-Three dollars ($14,333.00). 2. Final Design – Prepare 60%/90%/100% (Bid) Documents: As compensation for providing Final Design, the OWNER shall pay the CONSULTANT the lump sum amount of Sixty-Eight Thousand Three Hundred Seventy-Eight dollars ($68,378.00). B. SPECIAL SERVICES: 3. Project Management Services: As compensation for providing PM and Grant services, the OWNER shall pay the CONSULTANT the lump sum fee of Twelve Thousand Two Hundred Eighteen Dollars and no cents ($12,218.00). 4. Bidding Services: As compensation for providing Bidding services, the OWNER shall pay the CONSULTANT the lump sum fee of Nine Thousand Four Hundred Seventy-One Dollars and no cents ($9,471.00). 5. Pre-Design Surveying and Geotechnical Services: As compensation for providing Survey and Geotechnical services, the OWNER shall pay the CONSULTANT the lump sum fee of Seventeen Thousand Five Hundred Forty-Four Dollars and no cents ($17,544.00). Total Contract Value: $121,944.00 Agreed as to scope of services, time schedule, and budget: _____________________________________ ______________________________________ For: HARNETT COUNTY For: PARRISH AND PARTNERS OF NORTH CAROLINA, PLLC Date: _________________ Date: ______ __________ HCBOC 010224 a Pg. 124 Page 8 of 8 October 10, 2023 Attachment: Exhibit A – Manhour Summary Exhibit B - Survey Scope Exhibit C – Geotechnical Scope Exhibit D – Project Location Sketch HCBOC 010224 a Pg. 125 PROJECT DESCRIPTION: Replace Fuel Farm DATE PREPARED: 10/10/2023 PREPARED BY: Parrish and Partners of North Carolina, PLLC TIP NUMBER: Task A - Schematic Design SubTotal:$14,333.00 Task A - Final Design - Prepare 60%, 90% and 100% Plans SubTotal:$68,378.00 0 Task C - PM Services SubTotal:$12,218.00 0 Task D - Bidding Services SubTotal:$9,471.00 Task E - Pre-Design Surveying and Geotechnical Services SubTotal:$20,749.00 0 Special Services Total $42,438.00 Work Authorization Grand Total $125,149.00 Exhibit A - Professional Services Fee Summary Basic Services Special Services Basic Services Total $82,711.00 Page 1 of 7HCBOC 010224 a Pg. 126 Page 2 of 7 BASIC SERVICES Timothy Cindy ENGINEERING SERVICES Gruebel John Taylor Pierce TASK DESCRIPTION Senior NewComb Washington Aviation Asst. Project Manager Sr. Designer Jr. Designer Grants Manager SUBTOTAL TASKS Task A - Schematic Design 1 General Project Coordination 4 1 5 2 Format Base File from ALP 6 6 3 Coordination with Owner 6 2 1 9 4 Design 0 Geometric Layout (3 concepts)2 20 2 24 Prepare Typical Sections (2)2 12 2 16 5 Plan Sheet Preparation 0 Concept Exhibits 1 1 2 Typical Section Exhibits (2)2 12 14 6 Owner Review 6 6 7 Incorporate Owner Comments for Final Concept 2 12 14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SUBTOTAL HOURS/CLASSIFICATION:0 25 50 19 2 0 BASIC HOURLY RATE $67.10 $40.95 $30.43 $27.85 TOTAL PER CLASSIFICATION $0.00 $1,677.50 $2,047.50 $578.17 $55.70 $0.00 Total Labor Cost (Without Multiplier)$4,358.87 Audited Overhead Rate 193%$8,412.62 Subtotal $12,771.49 (1) Profit 11%$1,404.86 (2) Cost of Capital 0.14%6.10 (3) TOTAL (1) + (2) + (3)$14,182.46 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage (2 Trips, 112 mi ea.)224 Miles $0.675 $151.20 TOTAL DIRECT NON-SALARY COST:$151.20 Lump Sum Amount Total Labor and Non-Salary Costs $14,333.66 $14,333.00 PROJECT DESCRIPTION: Connector Taxiway A3 DATE PREPARED: 01/24/2023 PREPARED BY: Parrish & Partners TASK NUMBEREmployee Classifications Page 2 SchematicHCBOC 010224 a Pg. 127 Page 3 of 7 BASIC SERVICES Timothy Cindy ENGINEERING SERVICES Gruebel John Taylor Pierce TASK DESCRIPTION Senior NewComb Washington Aviation Asst. Project Manager Sr. Designer Jr. Designer Grants Manager SUBTOTAL TASKS Task A - Final Design - Prepare 60%, 90% and 100% Plans 1 General Project Coordination 12 2 14 2 Coordination with NCDOA 4 4 3 Coordination with Owner 12 2 14 4 60% Design 0 Geometric Layout 2 4 12 18 Phasing Design 2 18 3 23 Demolition Design 1 16 3 20 Develop General and Safety Notes 1 6 7 P77 Analysis and Equipement Heights 1 6 2 9 Erosion Control Design and Sequencing 2 6 8 Typical Section Design 1 4 12 17 Pavement Design 2 3 5 Grading Design 2 20 22 Drainage Design 2 8 10 Canopy Concept Design 2 16 18 Determination of Typical Sections 1 12 13 Lighting Design & High Mast Relocation 3 12 15 Prepare Technical Specifications 6 20 26 Prepare Engineer's Report 2 20 22 Prepare Quantities 1 4 20 25 5 90% and 100% Design 0 Update-Geometric Layout 1 3 4 Update-Phasing Design 2 6 8 Update-Demolition Design 1 4 5 Update-General and Safety Notes 1 3 4 Update-P77 Analysis and Equipement Heights 1 2 3 Update-Erosion Control Design and Sequencing 1 8 9 Update-Pavement Cross Section Design 1 2 3 Update-Grading Design 1 8 9 Update-Drainage Design 1 2 3 Update-Lighting Design 1 3 4 Update- Technical Specifications 2 4 6 Update-Engineer's Report 2 4 6 Update-Quantities 1 4 5 Prepare Front End Documents 8 2 10 Prepare General and Special Provisions 8 8 6 60, 90%, and 100% Plan Sheet Preparation 0 Coversheet 1 1 2 CSPP Plans Sheets (8)2 20 22 Prepare Geometric Layout and Dimension Plan 1 4 5 Prepare Erosion Control Sheets 1 6 7 Prepare Erosion Control Detail sheet 1 2 3 Prepare Grading and Drainage sheet 1 3 4 Prepare Grading and Drainage Detail sheet 1 2 3 Prepare Cross Section sheet 1 2 3 Prepare paving and Marking Details 1 2 3 7 Coordinate DEB/MBE/WBE participation 1 1 8 Prepare Cost Estimate 1 2 3 9 Prepare and Submit 7460-1 to FAA 1 3 4 10 Prepare CSPP Checklist and Submit CSPP to NCDOA (90%)1 5 6 11 Respond to NCDOA Comments and Revise Plans 1 4 5 12 Quality Review and Revisions (60%, 90%, and 100%)6 8 14 13 Prepare/Submit CATEX 16 8 24 PROJECT DESCRIPTION: Connector Taxiway A3 DATE PREPARED: 01/24/2023 PREPARED BY: Parrish & Partners TASK NUMBEREmployee Classifications Page 3 Final DesignHCBOC 010224 a Pg. 128 Page 4 of 7 SUBTOTAL HOURS/CLASSIFICATION:0 128 137 215 6 0 BASIC HOURLY RATE $67.10 $40.95 $30.43 $27.85 TOTAL PER CLASSIFICATION $0.00 $8,588.80 $5,610.15 $6,542.45 $167.10 $0.00 Total Labor Cost (Without Multiplier)$20,908.50 Audited Overhead Rate 193%$40,353.41 Subtotal $61,261.91 (1) Profit 11%$6,738.81 (2) Cost of Capital 0.14%29.27 (3) TOTAL (1) + (2) + (3)$68,029.99 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage (3 Trips, 172 mi ea.)516 Miles $0.675 $348.30 TOTAL DIRECT NON-SALARY COST:$348.30 Lump Sum Amount Total Labor and Non-Salary Costs $68,378.29 $68,378.00 Page 4 Final DesignHCBOC 010224 a Pg. 129 DATE PREPARED: 10/10/2023 Timothy Cindy ENGINEERING SERVICES (104)Gruebel John Taylor Pierce TASK DESCRIPTION Senior NewComb Washington Aviation Asst. Project Manager Sr. Designer Jr. Designer Grants Manager SUBTOTAL Task C - PM Services 1 Monthly Reporting to Owner 6 6 2 Prepare Work Authorization 4 4 3 NCDOA Grant Setup 4 16 20 4 GA Development Checklist (AV100 and AV101)4 4 5 Partner Connect Data Entry 2 8 10 6 Complete RFA Package 2 8 10 7 Detailed Project Schedule (MS Project)4 2 6 8 Prepare Project Budget 4 2 6 9 Prepare Project Sketch 1 4 5 10 Project Coordination with NCDOA APM 4 8 12 11 Post Award Grant Management 5 20 25 0 0 SUBTOTAL HOURS/CLASSIFICATION:10 26 4 68 108 BASIC HOURLY RATE $67.10 $40.95 $30.43 $27.85 TOTAL PER CLASSIFICATION $671.00 $1,064.70 $121.72 $1,893.80 Total Labor Cost (Without Multiplier)$3,751.22 Audited Overhead Rate 193%$7,242.48 Subtotal $10,993.70 (1) Profit 11%$1,209.31 (2) Cost of Capital 0.14%15.39 (3) TOTAL (1) + (2) + (3)$12,218.40 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal B. Subcontracting Expenses Amount Contract Type Fixed Fee Subtotal TOTAL DIRECT NON-SALARY COST:$0.00 Lump Sum Amount $12,218.00 Total:$12,218.40 PROJECT DESCRIPTION: Replace Fuel Farm PREPARED BY: Parrish and Partners of North Carolina, PLLC TASK NUMBEREmployee Classifications Page 5 of 7HCBOC 010224 a Pg. 130 DATE PREPARED: 10/10/2023 Timothy Cindy ENGINEERING SERVICES (104)Gruebel John Taylor Pierce TASK DESCRIPTION Senior NewComb Washington Aviation Asst. Project Manager Sr. Designer Jr. Designer Grants Manager SUBTOTAL Task D - Bidding Services 1 Assist Owner with Advertising for Bids 4 4 8 2 Maintain a Record of Prospective Bidders 4 4 3 Receive and Process Payments for Documents 0 4 Receive and Respond to Contractor Questions 4 4 2 10 5 Prepare for and Attend Pre-Bid Conference 6 2 8 6 Prepare for and Issue Appropriate Addenda 2 4 6 7 Distribute Plans to Prospective Bidders 4 4 8 Prepare for and Attend Bid Opening 6 6 9 Prepare Bid Tabulation and Bid Summary 1 4 5 10 Evaluate Bids and Prepare Recommendation of Award 4 1 5 11 Prepare AV100 Checklist 1 4 5 0 0 SUBTOTAL HOURS/CLASSIFICATION:28 0 15 18 61 BASIC HOURLY RATE $67.10 $40.95 $30.43 $27.85 TOTAL PER CLASSIFICATION $1,878.80 $0.00 $456.45 $501.30 Total Labor Cost (Without Multiplier)$2,836.55 Audited Overhead Rate 193%$5,476.53 Subtotal $8,313.08 (1) Profit 11%$914.44 (2) Cost of Capital 0.14%11.64 (3) TOTAL (1) + (2) + (3)$9,239.15 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage (2 Trips, 172 mi ea.)344 Miles $0.675 $232.20 B. Subcontracting Expenses Amount Contract Type Fixed Fee Subtotal TOTAL DIRECT NON-SALARY COST:$232.20 Lump Sum Amount $9,471.00 PROJECT DESCRIPTION: Replace Fuel Farm PREPARED BY: Parrish and Partners of North Carolina, PLLC TASK NUMBEREmployee Classifications Total:$9,471.35 Page 6 of 7HCBOC 010224 a Pg. 131 DATE PREPARED: 10/10/2023 Timothy Cindy ENGINEERING SERVICES (104)Gruebel John Taylor Pierce TASK DESCRIPTION Senior NewComb Washington Aviation Asst. Project Manager Sr. Designer Jr. Designer Grants Manager SUBTOTAL Task E - Pre-Design Surveying and Geotechnical Services 1 Survey Scoping 1 1 2 2 Surveyor Coordination 1 1 3 Review and format survey 1 4 5 4 Geotechnical Scoping 1 1 2 5 Geotechnical Coordination 1 1 6 Review and Geotechnical Report 2 2 7 Review Phase 1 ESA 2 2 0 0 0 0 0 0 SUBTOTAL HOURS/CLASSIFICATION:9 0 4 2 15 BASIC HOURLY RATE $67.10 $40.95 $30.43 $27.85 TOTAL PER CLASSIFICATION $603.90 $0.00 $121.72 $55.70 Total Labor Cost (Without Multiplier)$781.32 Audited Overhead Rate 193%$1,508.49 Subtotal $2,289.81 (1) Profit 11%$251.88 (2) Cost of Capital 0.14%3.21 (3) TOTAL (1) + (2) + (3)$2,544.90 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal B. Subcontracting Expenses Amount Contract Type Fixed Fee Subtotal Survey Subconsultant $10,704.25 LS $0.00 $10,704.25 Geotechnical Sub Consultant $7,500.00 LS $0.00 $7,500.00 TOTAL DIRECT NON-SALARY COST:$18,204.25 Lump Sum Amount $20,749.00 PROJECT DESCRIPTION: Replace Fuel Farm PREPARED BY: Parrish and Partners of North Carolina, PLLC TASK NUMBEREmployee Classifications Total:$20,749.15 Page 7 of 7HCBOC 010224 a Pg. 132 8642 W. Market Street Suite 100, Greensboro, North Carolina 27409 Phone: 336-665-8155 | www.regionallandsurveyors.com October 10, 2023 Parrish and Partners, LLC 220 Horizon Drive, Suite 100 Raleigh, NC 27615 Attn: Timothy Gruebel, PE RE: Harnett County Jetport – Boundary, Topographic & Utility Survey for Fuel Farm Project Dear Tim, In accordance with your request and the information you provided, Regional Land Surveyors, Inc. (RLS) proposes to provide a Boundary, Topographic and Utility (BTU) Survey of approximately 1.3 acres at the Harnett County Jetport located in Erwin, North Carolina as shown on the attached exhibit. We understand the scope of work will require RLS to provide topographic data represented at 1’ contour intervals with spot elevations for clarification as well as SUE Level B utility locations. SUE Level B marking will be provided by our subcontract partner and located by RLS to be included in the final survey deliverable. All survey data will be tied to the North Carolina State Plane Coordinate System and reference NAD83(NSRS2011) horizontal and NAVD88 vertical datum. Deliverables for this scope of work will include an electronic copy of the signed and sealed survey accompanied by an AutoCAD compatible drawing file with Land xml surface data. The total estimated budget for the above described BTU Survey scope of work is $10,704.25. Based on our current workload, we anticipate completed deliverables to be available to you within 20 normal business days of your notice to proceed. Attached herewith I have included a cost breakdown of this proposal as well as a copy of our hourly rate schedule for you review. If you have any questions or concerns related to this estimate or would like to modify the scope of work described above, please contact me at your earliest convenience. Sincerely, David A. Clark, PLS This scope of services, terms and conditions of this Letter of Agreement are accepted: _____________________________________________________________________ Print Name of Authorized Representative and Business/Corporation Name _____________________________________________________________________ Signature of Authorized Representative HCBOC 010224 a Pg. 133 HRJ Fuel Farm BTU Survey Survey Limits Exhibit Legend GIS Gas Easement GIS Parcel Lines Survey Limits 200 ft N➤➤NHCBOC 010224 a Pg. 134 8642 W. Market Street Suite 100 Greensboro, NC 27409 336-665-8155 Phone HRJ Fuel Farm BTU Survey Breakdown Topographic Survey UNIT QUANTITY RATE ESTIMATE Research/Field Prep Hourly 2.0 $100.00 $200.00 Survey Crew Hourly 30.0 $155.00 $4,650.00 Data Processing Hourly 2.0 $100.00 $200.00 Topographic Mapping Hourly 24.0 $100.00 $2,400.00 Professional Surveyor Hourly 1.0 $165.00 $165.00 SUE Level B Lump Sum 1.0 $2,000.00 $2,000.00 Mileage Per Mile 245.0 $0.65 $159.25 Per-Diem Daily 3.0 $310.00 $930.00 SUBTOTAL $10,704.25 ESTIMATED SURVEY BUDGET $10,704.25 10/10/2023 1HCBOC 010224 a Pg. 135 8642 W. Market Street Suite 100, Greensboro, North Carolina 27409 Phone: 336-665-8155 | www.regionallandsurveyors.com 2023 Hourly Fee Schedule Personnel Rate Professional Surveyor $165.00 Project Manager $145.00 GIS Coordinator $105.00 Scan Data Technician $115.00 CADD/GIS Technician $100.00 Senior CADD Technician $115.00 1 Man Survey crew $95.00 2 Man Survey crew $155.00 3 Man Survey crew $205.00 1 Man Scan Crew $140.00 2 Man Scan Crew $185.00 Clerical/Administrative $60.00 Expert Witness $400.00 Equipment All-terrain Vehicle $50.00/Day Boat (Non-motorized) $30.00/Day Review, recording, outside consultant and other fees or leased equipment are billed at cost plus 10% for handling and processing, except as otherwise negotiated. Other billing rates Mileage GSA Rate/mile Supplies/Expenses/Fees Cost plus 10% Lodging & Meals GSA Rates/day per man HCBOC 010224 a Pg. 136 8642 W. Market Street Suite 100, Greensboro, North Carolina 27409 Phone: 336-665-8155 | www.regionallandsurveyors.com DAVID A. (ANDY) CLARK, PLS Vice President/Project Manager Responsibilities In charge of field operations and project management, including project planning and scheduling, office and field crew collaboration, client and consultant coordination, budgeting, project review and quality assurance. Education • Certificate in Surveying Technology: 1998 Guilford Technical Community College • Certificate in Computer Aided Drafting (CAD) Technology: 1998 Guilford Technical Community College • Over 300 Hours of Continuing Education since 2006 in geomatics related studies Active Registrations & Affiliations • North Carolina Professional Land Surveyor L-4649 • Kentucky Professional Land Surveyor L-4407 • National Society of Professional Surveyors (NSPS) • North Carolina Society of Surveyors (NCSS) • Guilford Chapter of NCSS (President from 2010-2014) Experience and Qualifications • 27 Years overall experience in Traditional Land Surveying Practices • 25 Years specialized experience in Global Positioning System Surveys (GPS) • 25 Years specialized experience in Route & Utility Surveys • 17 Years specialized experience in Survey Project Management • 10 Years specialized experience as a Survey Crew Chief Relative Project Experience • Piedmont Natural Gas, Line 6 Replacement Project, Design, Construction Layout and As-built of 80+ miles of 16” Transmission Gas Pipeline from Pleasant Hill, NC to Wilson, NC. • Piedmont Natural Gas, ILI Project Team Member 2010-Present, Right-of-Way determination, Design Surveys, Construction layout, As-builting of over 3,000 retrofit modifications and/or replacement of over 2,800 miles of Transmission Gas Pipeline in North and South Carolina. • Kinder Morgan, volumetric surveys for numerous containment areas at multiple facilities. • Colonial Pipeline, construction and as-built surveys for 10 relocation projects related to the I-540 Beltway near Raleigh, NC. • Numerous Road Widening Projects across North Carolina including Hanes Mill Rd. in Winston-Salem, Freeway Drive in Reidsville, and Hwy 68 in High Point. • Design Surveys for 20+ Sidewalk Projects in Greensboro, NC. Services included boundary and right-of-way determination, acquisition exhibits, legal descriptions, and construction layout. • Multiple Drainage Basin Study Surveys for the City of High Point Utility Dept., City of Greensboro Urban Development, City of Reidsville Public Works and many others. • Various Multifamily community rehab projects that consisted of ALTA Surveys, Topographical Surveys, and HUD Surveys. • High Accuracy Aerial Control Surveys to support the North Carolina Statewide Aerial Imagery Program from 2014-Present. HCBOC 010224 a Pg. 137 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 P (919) 873-2211 Terracon.com Facilities | Environmental |Geotechnical |Materials Proposal Cover PageOctober 13, 2023 Parrish and Partners 8226 Creedmoor Road, Suite 101 Raleigh, North Carolina 27613 Attn: Taylor Washington P:(984) 459-8268 E:TWashington@parrishandpartners.com RE: Proposal for Geotechnical Engineering Services HRJ Fuel Complex 615 Airport Road Erwin, North Carolina Terracon Proposal No. P70235008.Rev1 Dear Mr. Washington: We appreciate the opportunity to submit this proposal to Parrish and Partners (Parrish and Partners) to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location and Nearby Geotechnical Data Exhibit E Anticipated Exploration Plan Our base fee to perform the Scope of Services described in this proposal is $7,500. Exhibit C includes details of our fees and consideration of additional services as well as a general breakdown of our anticipated schedule. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Agreement for Services to our office. Sincerely, Terracon For: Hugo Santana, PE Andrew A. Nash, PE Geotechnical Project Engineer Geotechnical Department Manager HCBOC 010224 a Pg. 138 Reference Number: P70235008 Page 1 of 2 Rev. 11-22 AGREEMENT FOR SERVICES This AGREEMENT is between Parrish and Partners, LLC (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client on the HRJ - Fuel Farm project (“Project”), as described in Consultant’s Proposal dated 10/13/2023 (“Proposal”), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant’s services is described in the Proposal, including but not limited to the Scope of Services section (“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client. 6.LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $25,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of Services on the project. 8.Warranty.Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale.EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance.Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. HCBOC 010224 a Pg. 139 Reference Number: P70235008 Page 2 of 2 Rev. 11-22 10.CONSEQUENTIAL DAMAGES.NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to North Carolina law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13.Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant’s recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client’s intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices. 16.Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety.Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client’s contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre-task planning and risk assessment processes. Consultant:Terracon Consultants, Inc.Client:Parrish and Partners, LLC By:Date:10/13/2023 By:Date: Name/Title:Andrew A Nash / Department Manager III Name/Title:Timothy Gruebel / Operations Manager Address:2401 Brentwood Rd Ste 107 Address:8226 Creedmoor Road Raleigh, NC 27604-3686 Raleigh, NC 27613 Phone:(919) 873-2211 Fax:(919) 873-9555 Phone:Fax: Email:Andrew.Nash@terracon.com Email:TGruebel@parrishandpartners.com HCBOC 010224 a Pg. 140 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials Exhibit A – Project Understanding Our Scope of Services is based on our understanding of the project as described by Parrish and Partners and the expected subsurface conditions as described below. We have not visited the project site to confirm the information provided. Aspects of the project, undefined or assumed, are highlighted as shown below. We request Parrish and Partners and/or the design team verify all information prior to our initiation of field exploration activities. Planned Construction Item Description Information Provided Project information was obtained via email correspondence between Terracon and Parrish and Partners, and the following document: ■Exhibit D – Project Sketch.pdf (site plan) ■12000FGCYL96.pdf (tank drawing) ■12000FGCYL96.doc (tank specs) Project Description The site will include the construction of above ground storage tanks southwest of the existing Jet-A Fuel farm. Proposed Structure The site will include foundations for fuel storage tanks. Fuel storage tanks are anticipated to be place on mat foundations. Finished Floor Elevation Not provided. Anticipated to be at or near existing site grades. Maximum Loads Not provided. Fuel storage tanks to be approximately 12,000- gallon capacity. Grading/Slopes Less than 2 feet of cut and fill is anticipated to develop final grade, excluding any remedial grading requirements. Below-Grade Structures None anticipated Free-Standing Retaining Walls None anticipated Pavements We assume both rigid (concrete) and flexible (asphalt) pavement sections should be considered. Please confirm this assumption. Anticipated traffic is anticipated to consist primarily of fuel trucks. Our assumed traffic is as follows: ■Autos/light trucks: 10 vehicles per day HCBOC 010224 a Pg. 141 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials Item Description ■Light delivery and trash collection vehicles:5 vehicles per week ■Fuel trucks: <20 vehicles per day The pavement design period is 20 years. Site Location and Anticipated Conditions Item Description Parcel Information The project is located at 615 Airport Road in Erwin, North Carolina. (See Exhibit D) Existing Improvements The grass field is improved with a fence and utility box on the northern corner of the proposed tank locations. The proposed services are related to the Harnett Regional Jetport – Proposed Fuel Farm Complex Project. Current Ground Cover Grass. Existing Topography Based on Google Earth Pro, the site is relatively flat in the proposed fuel farm complex. Site Access We expect the site, and all exploration locations, are accessible with our track-mounted drilling equipment and support vehicles. Prior approval of access may be required to reach one of the borings behind the existing fence. Expected Subsurface Conditions Our review of geologic maps indicates subsurface conditions likely consist of typical Coastal Plain sand and clay soils. HCBOC 010224 a Pg. 142 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials Exhibit B - Scope of Services Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Based on input provided by Parrish and Partners, and our experience with similar projects in the vicinity of the project site, we propose the following field exploration program: Number of Borings Planned Boring Depth (feet)1 Planned Location 2 2 30 Fuel Tanks 1.Although not anticipated based on the geology in the vicinity of the project site, borings would be terminated at shallower depths if refusal is encountered. 2.The planned boring locations are shown on the attached Anticipated Exploration Plan. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of +/-10 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map or Google Earth Pro. We can alternatively coordinate with your Project Surveyor to include locations and surface elevations in project information if so requested. Subsurface Exploration Procedures: We will advance subsurface exploration with a truck or track-mounted drill rig in general accordance with local standard procedures for standard penetration tests (SPTs) or cone penetration tests (CPTs). During the SPT, four samples are obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using split-barrel sampling procedures. In the split barrel sampling procedure, a standard 2-inch outer diameter split barrel sampling spoon is driven into the ground by a 140-pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT resistance values, also referred to as N-values, are indicated on the boring logs at the test depths. The samples are placed in appropriate containers, taken to our soil laboratory for testing, and classified by a geotechnical engineer. HCBOC 010224 a Pg. 143 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials The CPT hydraulically pushes an instrumented cone through the soil while nearly continuous readings are recorded to a portable computer and no soil samples are retrieved during the CPT. A hand auger and or Macro core will be used to collect select soil samples to a limited depth where CPTs are conducted. In addition, we observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation, and include modifications based on observations and laboratory tests. Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to landscaping and/or crops. Ground disturbance at CPT sounding locations will be minimal and will not require backfilling in most instances because this testing method generates little to no spoils. Please let us know if further restoration is desired based on project requirements and we can make arrangements to backfill the sounding locations. If SPT is performed, we will backfill borings with soil cuttings upon completion. Our services do not include repair of the site beyond backfilling our boreholes. Excess soil cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service or grout the boreholes for additional fees at your request. Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on our logs. Exploration efforts require borings (and possibly excavations) into the subsurface, therefore Terracon will comply with local regulations to request a utility location service through NC811. We will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, we HCBOC 010224 a Pg. 144 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials will consider the need for alternative subsurface exploration methods as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. Private Utility Locating: We will scan the area around the borings at a minimum and/or run ground penetrating radar (GPR) to help detect underground utilities. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the landowner/client of their responsibilities in identifying private underground utilities. Site Access: Terracon must be granted access to the site by the property owner. Without information to the contrary, we consider acceptance of this proposal as authorization to access the property for conducting field exploration in accordance with the Scope of Services. Our proposed fees do not include time to negotiate and coordinate access with landowners or tenants. Terracon will conduct field services during normal business hours (Monday through Friday between 7:00 am and 6:00pm). If our exploration must take place over a weekend or at night, please contact us so we can adjust our schedule and fee. Laboratory Testing The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of fieldwork, but we anticipate the following laboratory testing may be performed: ■Water content ■Atterberg limits ■Grain size analysis Our laboratory testing program often includes examination of soil samples by an engineer. Based on the results of our field and laboratory programs, we will describe and classify soil samples in accordance with the Unified Soil Classification System (USCS). HCBOC 010224 a Pg. 145 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials Engineering and Project Delivery The results of our field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report will provide the following: ■Boring logs with field and laboratory data ■Stratification based on visual soil classification (or published correlations if using CPT) ■Groundwater levels observed during and/or after the completion of drilling ■Site Location and Exploration Plans ■Subsurface exploration procedures ■Description of subsurface conditions ■Recommended foundation options and engineering design parameters ■Estimated settlement of foundations ■Seismic site classification ■Earthwork recommendations including site/subgrade preparation ■Recommended pavement options and design parameters In addition to an emailed report, your project will also be delivered using our Client Portal. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. We welcome the opportunity to have project kickoff conversations with the team to discuss key elements of the project and demonstrate features of the portal. The typical delivery process includes the following: ■Project Planning – Proposal information, schedule, and anticipated exploration plan ■Site Characterization – Findings of the site exploration and laboratory results ■Geotechnical Engineering Report When services are complete, we upload a printable version of our completed Geotechnical Engineering report, including the professional engineer’s seal and signature, which documents our services. Previous submittals, collaboration, and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. HCBOC 010224 a Pg. 146 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials Additional Services In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the following: Review of Plans and Specifications: Our geotechnical report and associated verbal and written communications will be used by others in the design team to develop plans and specifications for construction. Review of project plans and specifications is a vital part of our geotechnical engineering services. This consists of review of project plans and specifications related to site preparation, foundation, and pavement construction. Our review will include a written statement conveying our opinions relating to the plans and specifications’ consistency with our geotechnical engineering recommendations. Observation and Testing of Pertinent Construction Materials: Development of our geotechnical engineering recommendations and report relies on an interpretation of soil conditions. Our assessment is based on widely spaced exploration locations and the assumption that construction methods will be performed in a manner sufficient to meet our expectations and consistent with recommendations made at the time the geotechnical engineering report is issued. We should be retained to conduct construction observations, and perform/document associated materials testing, for site preparation, foundation, and pavement construction. These services allow a more comprehensive understanding of subsurface conditions and necessary documentation of construction to confirm and/or modify (when necessary) the assumptions and recommendations made by our engineers. Perform Environmental Assessments: Our Scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to identify or quantify potential site contaminants. If the client/owner is concerned about the potential for such conditions, an environmental site assessment should be conducted. We can provide a proposal for an environmental assessment, if desired. HCBOC 010224 a Pg. 147 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials Exhibit C - Compensation and Project Schedule Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our base fee is shown in the following table: Task1 Lump Sum Fee2 Subsurface Exploration $3,500 Laboratory Testing, Geotechnical Consulting and Reporting $2,500 Private Utility Locate $1,500 TOTAL $7,500 1.The lump sum fee considers one drill rig mobilization and no unexpected onsite delays. If additional drill rig mobilizations are required, an additional fee of $1,250 would be invoiced. A drill crew standby rate of $350 per hour would be invoiced for unexpected delays. 2.Proposed fees noted above are effective for 90 days from the date of the proposal. Our Scope of Services does not include services associated with site clearing, wet ground conditions, tree or shrub clearing, or repair of/damage to existing landscape or crops. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field exploration beyond our control, such as weather conditions, delays resulting from utility clearance, permit delays, or lack of permission to access the HCBOC 010224 a Pg. 148 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Facilities | Environmental |Geotechnical | Materials boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. Delivery on Client Portal Schedule 1, 2 Kickoff Call with Client 2 to 3 business days after notice to proceed (NTP) Site Characterization 25 to 30 business days from NTP Geotechnical Engineering 35 to 40 business days from NTP 1.Upon receipt of your notice to proceed we will activate the schedule component on Client Portal with specific, anticipated dates for the delivery points noted above as well as other pertinent events. 2.Standard workdays. We will maintain an activities calendar within on Client Portal. The schedule will be updated to maintain a current awareness of our plans for delivery. HCBOC 010224 a Pg. 149 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. Exhibit D – Site Location DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS HCBOC 010224 a Pg. 150 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. Exhibit D – Site Location DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS HCBOC 010224 a Pg. 151 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. Exhibit E – Anticipated Exploration Plan DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS HCBOC 010224 a Pg. 152 Proposal for Geotechnical Engineering Services HRJ Fuel Complex | Erwin, North Carolina October 13, 2023 | Terracon Proposal No. P70235008.Rev1 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. Exhibit E – Anticipated Exploration Plan DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS HCBOC 010224 a Pg. 153 © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS EXISTINGJET-A FUELFARMTERMINALBUILDINGHANGAR NEW FUELFARMEXISTINGAVGASFARMHARNETT REGIONAL JETPORT (KHRJ)FUEL FARMOCTOBER 2023020 401080NWESCITATION SOVEREIGN CITATION SOVEREIGNLEGENDSURVEY LIMITSTESTTESTHCBOC 010224 a Pg. 154