RFQ 2025 Burlington Consultant On-Call Services CERTIFIED_09232025.pdf

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ON-CALL SERVICES

C I T Y O F B U R L I N G T O N , N O R T H C A R O L I N A

S E P T E M B E R 2 4 , 2 0 2 5

Request for Qualifications Professional On-Call Services Consulting Services Issued September 22, 2025

CITY OF BURLINGTON, ENGINEERING DEPARTMENT

P R O F E S S I O NA L O N - C A L L S E RVI C E S

SEPTEMBER 22, 2025

The City of Burlington Engineering Department is releasing this Request for Qualifications (RFQ) seeking responses from qualified consultants with proven experience and expertise to provide on-call services related for a variety of professional tasks.

Consulting firms submitting proposals shall be in good standing and licensed with the North Carolina Board of

Examiners for Engineers & Surveyors. Firms interested in submitting must provide the services categories checklist

(Attachment 1) with their statement of qualifications. The City of Burlington intends to select firms qualified to provide such services on the basis of demonstrated competence and qualification for the type of professional services required without regard to fee. Experience with complex schedules and coordination with contractors is required for all firms submitting on design categories.

DEFINITIONS

As used in this RFQ, the following terms shall have the meanings set forth below:

ADA: American with Disabilities Act

BAS: Building Automation System

BMP: Best Management Practices

CA: Construction Administration

City or CoB: The City of Burlington, North Carolina.

CMMS: Computerized Maintenance Management System

Contract or Agreement: the contract(s) executed by the City and Consultant(s) for the services covered by this RFQ.

Evaluation Committee: the team of City staff that will make a recommendation for Contract(s) award to their governing board.

FEMA: Federal Emergency Management Agency

GIS: Geographic Information System

GPS: Global Positioning System

HVAC: Heating, Ventilation, and Air Conditioning

MCC: Motor Control Center

PLC: Programmable Logic Controller

RFQ: this Request for Qualifications for professional services for Professional

Engineering Services

RPR: Resident Project Representative

R/W: Right Of Way

SCADA: System Control And Data Acquisition

Services: the services described in this RFQ (Outline of Work Required).

Service Provider: each firm that submits a Qualifications Package for consideration by the City of

Burlington in compliance with the requirements stated in this RFQ.

SOQ: Statement Of Qualifications that forms the Service Provider’s official response to this RFQ.

VAV: Variable Air Volume

VFD: Variable Frequency Drive

WTP: Water Treatment Plant

WWTP: Wastewater Treatment Plant

BACKGROUND AND DESCRIPTION

The City of Burlington, incorporated on February 14, 1893, is located in the Piedmont Region of Central North

Carolina along Interstate Highways 85/40. The City is the largest municipality in Alamance County, with a land area of 36.47 square miles and a population of 60,032. The City provides a full range of services to its citizens, including police and fire protection, construction and maintenance of streets and other infrastructure, traffic control, recreational activities, cultural events, and sanitation in the form of solid waste collection. The City also owns and operates a cemetery and a golf course. In addition, the City operates water treatment and distribution system, a sewer treatment and collection system, and a storm water system.

The City is has sixteen (16) departments, which include the following primary departments responsible for property and infrastructure as follows:

▪ Water Resources: 441 miles of water mains, 432 miles of sanitary sewers, 213 miles of storm sewers, three reservoirs (11.1BG total), 2 water treatment plants (Mackintosh WTP 18MGD and Ed Thomas WTP

16MGD), 3 elevated water storage tanks, 2 water booster pump stations, 2800 fire hydrants, 2 wastewater treatment plants (South WWTP 12MGD and East WWTP 12MGD), 3 sewer pump stations, 418 miles of gravity sewer pipe, and 3 miles of sewer force main

▪ Public Works: 253 miles of streets, 71 miles of highway, 100s of miles of sidewalks, 105 buildings and other structures across 48 City owned facilities (municipal buildings, Recreation & Parks buildings, libraries, police and police stations, etc.), 2 cemeteries, 5500 streetlights,

▪ Recreation and Parks: golf course, aquatics center, pool, splash park, amusement rides, outdoor entertainment stages, amphitheater, train depot, baseball stadium, library, 19 baseball/softball fields, 18 soccer fields, 15 tennis courts, 2 disc golf courses, 32 pickle ball courts, 12 outdoor basket, 2 community centers, 2 senior and youth centers, 3 neighborhood centers, Paramount Theater, 5 major parks, 8 neighborhood parks, 4 lake parks and marinas, 20 miles of trails and greenways, 26 playgrounds, and numerous maintenance shops and shelters.

▪ Transportation: 40 traffic signals, bus transit system with numerous buses and bus stops interconnecting with

Gibsonville and Elon

The City of Burlington intends to contract firms to provide on-call professional consulting services for various categories listed in the Scope of Consultant Services and the Professional On-Call Services Categories Checklist

(Attachment 1). Submissions shall include the completed Services Categories Checklist and supporting documentation of the Firm’s experience, expertise, and knowledge for each selected category. Firms may choose to submit on one or all categories. It is the City’s intent to use the prepared contract documents provided in Attachments

2-4.

SCOPE OF CONSULTANT SERVICES

The Scope of Consultant’s Services, as currently envisioned by the City may include, but is not limited to the following potential categories of work. Consultants are requested to highlight their expertise and experience in the categories selected on the checklist. The primary types of tasks to be performed by the selected consulting firm include, but are not limited to:

1) Design Services

a. Public sewer systems, including pipe, manholes, gravity and force mains, etc.

b. Public water systems, including pipe, transmission and distribution force mains, meter vaults, etc.

c. WTP facilities

d. WWTP facilities

e. Pump stations, including raw water, finish water, wastewater, stormwater, etc.

f. Dam and Reservoir rehabilitation

g. Stormwater systems, including pipe, inlets, manholes, overland drainage routes, retention and detention BMP ponds and facilities, etc.

h. Electrical systems, including medium and low voltage systems, transformers, switchgear, MCCs, VFDs, main and local power distribution, etc.

i. Instrumentation and Controls, including SCADA, BAS, PLCs, cellular, copper and fiber networks, etc.

j. Building Mechanical Systems, including HVAC systems, chillers, boilers, VAVs, ductwork, environmental controls, etc.

k. Architectural, including buildings, streetscapes, exterior façades, interior renovations, life safety plans, interior space planning, ADA studies, etc.

l. Transportation and transit, including roads, sidewalks, parking lots, bus stops, retaining walls, bridges, culverts, trails, traffic studies, roundabouts, etc.

m. Traffic control, including traffic signals, traffic calming, signage, etc.

n. Site Plans, including clearing and grading, erosion control, stormwater, landscapes and hardscapes, etc.

o. Master Planning WTP and WWTP facilities, buildings, water and wastewater systems, stormwater systems, traffic control systems, etc.

Design services may include studies and evaluations, inspections, modeling, permitting, GIS mapping, easements, plans and details, specifications and bid documents, funding applications and administration, bidding services, construction administration and inspection services for projects designed by the consultant.

2) Condition Assessment Services

a. Public sewer systems, including pipe, manholes, gravity and force mains, etc.

b. Public water systems, including pipe, transmission and distribution force mains, meter vaults, etc.

c. WTP facilities

d. WWTP facilities

e. Pump stations, including raw water, finish water, wastewater, stormwater, etc.

f. Dam and Reservoir inspections

g. Stormwater systems, including pipe, inlets, manholes, overland drainage routes, retention and detention BMP ponds and facilities, etc.

h. Electrical systems, including medium and low voltage systems, transformers, switchgear, MCCs, VFDs, main and local power distribution, arc flash studies, etc.

i. Controls and Instrumentation, including SCADA, BAS, PLCs, cellular, copper and fiber networks, etc.

j. Building Mechanical Systems, including HVAC systems, chillers, boilers, VAVs, ductwork, environmental controls, etc.

k. Architectural, including building façades and envelopes, life safety, etc.

l. Transportation and transit, including roads, sidewalks, parking lots, bus stops, retaining walls, bridges, culverts, etc.

m. Traffic Control, including traffic signals, traffic calming, signage, etc.

n. Asset Management, such as preventative maintenance, facility maintenance, pipe system rehab, CMMS, GIS, etc.

3) Subsurface Utility Engineering (SUE)

a. Levels A, B, C

b. Soil Borings

c. Utility locates

Includes performing the applicable work and preparing professionally sealed reports.

4) Funding Applications and Administration

a. Funding source examples include but are not limited to Golden Leaf, SRF, DWI, Rural

Development, Commerce, FEMA, as well as other types of applicable funding that may be designated in the future by the state and federal governments.

5) Surveying Services

a. Traditional and GPS surveying methods

b. GIS Mapping

c. Topographic

d. Right-of-way and Easements

e. Property research

f. Land Acquisitions and annexations

g. Hydrographic

h. Bathymetric

i. other related surveying tasks, as may be required

6) Construction Administration and Inspection Services

a. Public Sewer Systems

b. Public Water Systems

c. Wastewater Treatment and Pumping Facilities

d. Water Treatment and Pumping Facilities

e. Buildings, including renovations, new construction, multi-story, etc.

f. Roadways, sidewalks, parking lots, trails, etc.

These are separate construction administration and inspection services for projects designed by your firm, other consultants, or the City. Construction Administration includes but is not limited to project management; submittal and shop drawing review; estimating; preparing change orders; preparing and managing schedules; stakeholder engagement; reporting (e.g. technical, financial, schedule, funding);

project meeting management; public engagement; contract reviews and management; meeting management.

7) Special Inspection and Testing Services

a. Geotechnical

b. Concrete

c. Metallurgical

d. Structural

e. other related tasks, as may be required

8) Project Management

a. Design and construction

b. Owner advisor

c. Buildings and architecture

d. Linear, such as utilities, pipelines (e.g. water, sanitary sewer, stormwater), paving, etc.

e. Vertical / Facilities, such as WTP and WWTP, municipal, recreation and parks, pump stations, etc.

Project Managers shall be professionals in the field of project management. Project managers will be responsible for the planning, procurement, and execution of a project. A project manager’s responsibilities include but are not limited to serving as the primary project contact; conduct meetings; submittal and shop drawing reviews; reporting (e.g. financial, schedule, funding); procurement and contracting; bidding process management; design process management; construction management; public engagement;

stakeholder engagement; extensive written and oral communication; conduct meetings; prepare and management schedules.

The City understands this RFQ may not fully describe all possible types of task orders for professional services.

The preceding list identifies various categories of professional services that may be performed under an on-call services agreement and future task orders. This is not an all-inclusive list, nor does it represent any project that will be performed now or in the future. The City retains the right to define and modify the scope of services as mutually agreed upon by the selected consultants and the City. The City may also start, stop or cease any project at any time based on the needs of the City or current situational economic conditions.

PERIOD AND TERMS OF CONTRACTUAL AGREEMENT

The City is interested in obtaining the professional services of consulting firms for a period of two (2) years with the option of extending the agreement in additional 1-year increments, as may be determined by the City and agreed to by the selected consultant. The scope, time, and fee frame for each task order will be negotiated with the selected firms. Hourly rates, including an annual adjustment, will be negotiated as part of the on-call agreement.

Annual rate adjustments shall take effect each July 1st. Task order fees shall be based on on-call agreement hourly rates. This RFQ shall form an integral part of the on-call agreement.

M/WBE Participation: The City of Burlington encourages participation of certified M/WBE firms in Professional

Service Contracts. It is the intent of this program to widen opportunities for public participation, increase competition, and to ensure the proper and diligent use of public funds.

As with any project(s) awarded to the selected consultant(s) under this RFQ/Contract, the consultant(s) will conduct project activities in accordance with standard project management protocols such as PMI standards. The consultant will coordinate and manage all aspects of the project(s), being proactive in all duties so as to keep the project on schedule and within the stated budget – driving the project to its agreed upon completion date.

All activities awarded to the consultant will require full coordination of communications with city staff and the consultant will be responsive to all emails and telephone discussions of the project(s).

FUNDING

Funding for projects under this agreement may come from various sources including the City of Burlington with

Grant, Capital or Bond Funds, the State of North Carolina or the Federal Government. Firms shall note their level of support in assuring that all requirements of various funding agencies are met. Firms may be required to complete additional certifications (i.e. Certifications Regarding Lobbying) based on funding source and/or value of supplemental agreements issued against the Professional On-Call Services Agreement.

SPECIFIC FEDERAL REQUIREMENTS

The requirements for Federal Funded projects are often regulated as they pertain to Professional Services”. Firms providing services funded by the Federal Government will be required to follow these regulations and those situations will be addressed on an “as needed” basis.

LIABILITY INSURANCE REQUIREMENTS

Any contract entered into as a result of this RFQ will require the Consultant(s) selected for the contract(s) to obtain and maintain certain minimum insurance coverage. Selected Consultant(s) shall furnish proof of this liability insurance for review and approval prior to execution of the written contract – proof of coverage does not need to be included as part of the response to this RFQ.

Current City of Burlington insurance requirements are listed in Article 8 – INSURANCE of the Professional On-Call

Services Agreement (Attachment 2). These are periodically revised and may vary from project to project.

Selected Consultant(s) shall be responsible for obtaining and maintaining adequate liability insurance to completely and fully protect the City of Burlington against all claims and actions arising out of any and all property damages or personal injury or death.

E-VERIFY REQUIREMENTS

As a condition for payment under this Contract, Company shall: (i) comply with the E-Verify requirements set forth in Article 2 of Chapter 64 of the North Carolina General Statutes (the “E-Verify Requirements”); and (ii) cause each subcontractor under this Contract to comply with such E-Verify Requirements as well. Company will indemnify and save harmless the City from all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, interest charges and other liabilities (including settlement amounts) incurred on account of any failure by Company or any subcontractor to comply with the E-Verify Requirements.

SUBMITTAL REQUIREMENTS

Please submit an electronic (PDF) version of the SOQ and five hard copies with all attachments in a sealed envelope or package, to be received by the City no later than 2:00 PM on Thursday, October 23 to the attention of:

Brad Barber, PE

Engineering Department

City of Burlington

Via U.S. Mail:

P.O. Box 1358

Burlington, NC 27216

Physical Address (delivery by UPS, Fed Ex, etc.):

425 S. Lexington Ave.

Burlington, NC 27215

Electronic Copy: Provide an accessible USB drive submitted with hard copies.

Each firm is solely responsible for the timely delivery of its SOQ. The City will not consider SOQs received after the required day or time. A separate SOQ shall be submitted for each category indicated on the firm’s checklist. The combined package of category SOQs shall include the firm’s checklist and a cover letter.

SOQ Organization: To facilitate the City’s objective review of the SOQs from different Consultants, the Consultants are requested to organize the main document using a standardized format. Each SOQ should contain the following:

I. Statement of Interest and Qualifications: Express the firm’s interest in providing professional services for the respective category. Identify and describe the qualifications of the firm and professional services that the consultant or consultant team in response to the respective category. Highlight any projects performed for the City of Burlington during the past 5-years. Please note which team members were involved in highlighted projects. The SOQ is intended to focus on the consultant firm and should only include brief information regarding sub-consultants. Statement shall be on company letterhead signed by a Principal or other member of the firm authorized to commit the firm to contract for professional services.

II. Table of Contents: Include page numbers.

III. Project Approach: This should include a proposed standard approach to complete a project in this category

(area of work), including familiarity with the area of work, identification of unique issues related to the area of work, management process, the process for communication with and input from stakeholders (e.g. City and public), and other methods and process pertinent to the success of each project.

IV. Project Management & Project Team: Please identify the proposed project team members and key personnel qualified to complete projects in the area of work in partnership with the City. Please include brief qualifications and experience of the listed team members and personnel. Identify the project manager or project managers and any other proposed team leaders and briefly describe how projects will be successfully managed. It is expected that the team members proposed in the SOQ will be the ones that will actually work on projects for the City. Any Staff substitutions shall be approved by the City. Describe the planned and envisioned workload of the proposed team members and verify that proposed staff will be prepared for timely completion of the project. Describe your quality control methods.

V. Reference Projects: Please provide the name, telephone number, and address of at least three references in organizations for whom your firm has provided professional services within the last five (5) years on projects similar to the submitted SOQ category and whom the City of Burlington may contact regarding the firm’s performance on their projects. For each reference project, include the project name, location, scope of services, and project budget and whether or not the project was on time and within budget.

The firm may submit additional information in support of or to strengthen the SOQ, such information may be submitted separately in Appendices, however, per sub-category SOQs shall be limited to no more than 10-pages printed double-sided onto 5-sheets 8-1/2”x11” paper, excluding the cover page, cover letter, table of contents, resumes, and section dividers. Type size should be no smaller than 11 points for narrative sections, but may be reduced for captions, footnotes, etc. as required while still maintaining legibility. No terms and conditions or other special contractual provisions shall be included as part of the SOQ. An SOQ that includes terms and conditions or other special contractual provisions may be deemed non-responsive and removed from consideration.

SELECTION OF CONSULTANT

General: This RFQ does not commit the City to enter into agreement, to pay any costs incurred in the preparation and submission of an SOQ in response to this request or in subsequent interviews and negotiations, to procure a contractor or subsequent Project Task Orders. The City will require the selected Consultant(s), if any, to participate in negotiations of the fees for the on-call agreement and to submit for Project Task Orders such scope, technical and/or other revisions to the proposals as may result from negotiations. The City reserves the right to perform all or some of the services for Project Task Orders with its own workforce. The City also reserves the right to issue future RFQs and solicit responses from firms not selected as part of this process.

Qualifications-Based Selection: SOQs will be evaluated and ranked based upon objective Qualifications-Based criteria. The City reserves the right to request an interview with any potential Consultant during the selection process.

If the City determines the need to interview potential Consultants, the potential Consultants will be notified as early as possible in the proposal review process. The selection criteria are as follows:

a) Overall content and quality of the submitted RFQ.

b) Relevant experience, expertise, and qualifications of the firm and project team members.

c) Overall technical capabilities within the submitted category.

d) Project management (strength and experience on similar projects).

e) Track record on past projects in delivering quality professional services on schedule for the City of Burlington or other clients.

f) Consultants record on bringing projects to completion on time and within budget.

g) Consultant’s performance on previous North Carolina municipal projects based on information gathered by the City and/or through the references provided by the Consultant.

h) Firm’s proximity to the City and knowledge of issues from previous work for the City and region.

i) Information obtained through interviews with short-listed consultants, if performed.

For task orders, for each category, selected firms will be sorted into a randomly generated list and will be contacted for work in order or firm determined by the City as best suited for a specific project.

For task orders on each project, consultants must be prepared to provide:

• Educational background and professional registrations of key consultant personnel.

• Individual within consultant’s organization who will have direct charge of the work.

• Whether the consultant has adequate staff or other resources to perform the work within City specified schedule.

• Whether the consultant has adequate knowledge of local conditions.

• Proposed fee.

The City anticipates completing selection of firms within eight (8) weeks of receiving responses to this RFQ. The

City intends to select as many as four (4) firms for each of the sub-categories (areas of work) in the following list:

The City reserves the right to reject any and all SOQs, to waive any and all formalities, and to disregard all nonconforming or conditional submittals.

Specifics of each task order will be negotiated with a firm on the list of selected firms. If negotiations are not successful, the City will initiate negotiations with the next firm on the list.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

CATEGORY

Sub-Category (Area of Work, per list under Scope of Consultant Services

DESIGN, PROJECT MANAGEMENT, CA, RPR, CONDITIONAL

ASSESSMENT SERVICES

Water, Sewer, and Stormwater Linear Systems

WTP, WWTP, Pump Station, Storage Tank Facilities

Dams and Reservoirs

Transportation, Transit, Traffic Systems Facilities

Architectural and Buildings (ONLY)

SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES

Levels A, B, C; Soil Borings; Utility Locates

SURVEYING SERVICES

Surveying, GIS, Topographic, R/W, property research, land acquisition and annexation, hydrographic, bathymetric, etc.

SPECIAL INSPECTION AND TESTING SERVICES

Geotechnical, concrete, metallurgical, structural, etc.

SCHEDULE FOR THE SELECTION PROCESS:

The following is the anticipated schedule for the Consultant selection process:

EVENT DATE

City of Burlington issues RFQ Wednesday, September 24, 2025

Mandatory Pre-Proposal Meeting in the Council

Chamber of Municipal Building located at 425 S.

Lexington Ave, Burlington, NC 27215

Tuesday, October 7, 2025 at 10:00 AM

Completed SOQs due to City of Burlington, Engineering Department located at 425 S. Lexington

Ave, Burlington, NC

Must be received by Engineering Department by

2:00 PM on Thursday, October 23, 2025

City review of SOQs and Selection of Short List of

Qualified Consultants

November – December 2025

City selects Most Qualified Consultant(s)

On or before December 2025

Negotiation of scope, preparation, and review of contract documents and insurance.

January 2026

Submittal of complete and signed Contract documents by the selected

Consultant to the City

On or before February 2026

City final approval of Contract February 2026

Questions regarding this RFQ should be directed to Brad barber at engrdept@burlingtonnc.gov by 5:00 PM on Friday, October 10, 2025. All questions received and answers will be compiled with response by City to be sent by 5:00 PM on October 16, 2025.

The City may shorten or extend this proposed schedule as staff determines is necessary.

The City of Burlington appreciates your interest in providing professional on-call services.

Sincerely, Amy L. Ratliff, PE

City Engineering Director mailto:engrdept@burlingtonnc.gov

ATTACHMENT

P R O F E S S I O NA L O N - C A L L S E RVI C ES

C AT E G O R I ES C H E C K L I S T

SEPTEMBER 2025 Page 1 of 1

CITY OF BURLINGTON, ENGINEERING DEPARTMENT

P R O F E S S I O NA L O N - C A L L S E RVI C ES

C AT E G O R I ES C H E C K L I S T

CHECK ONLY THE SUB-CATEGORIES FOR WHICH YOUR FIRM IS SUBMITTING QUALIFICATIONS.

CATEGORY

Sub-Category (Area of Work, per list under Scope of Consultant Services

DESIGN SERVICES, PROJECT MANAGEMENT, CA, RPR, CONDITIONAL

ASSSEMENT SERVICES

Water, Sewer, and Stormwater Linear Systems

WTP, WWTP, Pump Station, Storage Tank Facilities

Dams and Reservoirs

Transportation, Transit, Traffic Systems Facilities

Architectural and Buildings (ONLY)

SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES

Levels A, B, C; Soil Borings; Utility Locates

SURVEYING SERVICES

Surveying, GIS, Topographic, R/W, property research, land acquisition and annexation, hydrographic, bathymetric, etc.

SPECIAL INSPECTION AND TESTING SERVICES

Geotechnical, concrete, metallurgical, structural, etc.

P R O F E S S I O NA L O N - C A L L

M A S T E R S E RV I C ES A G R EE M E N T

MASTER AGREEMENT

BETWEEN

CITY OF BURLINGTON,

a municipal corporation chartered by the North Carolina Legislature, its successors and assigns, hereinafter referred to as “Owner” through its City Council, and

{INSERT CONSULTANT NAME}

its successors and assigns, hereinafter referred to as “Consultant”

IN ALAMANCE COUNTY NORTH CAROLINA

CONSULTING SERVICES

W I T N E S S E T H :

WHEREAS, Owner intends to issue task orders for projects related to Professional On-Call Services, WHEREAS, Owner requires certain professional consulting services in connection with the project (the services); and, WHEREAS, Consultant is prepared to provide the Professional On-Call Services upon the Owner’s request;

NOW THEREFORE, in consideration of the mutual terms and conditions, promises and payments contained in this Agreement, Owner and Consultant agree as follows:

ARTICLE 1 - TIME FOR PERFORMANCE

1.1 The effective date of this Agreement is ______________ and shall remain in effect until terminated.

Consultant shall perform the services described in Attachment B (herein, the Project Scope of Services) to this Agreement. Owner will issue a separate Notice to Proceed for the work, and the work shall proceed according to the schedule as described in the Project Scope of Services. Any work initiated by Consultant prior to the Owner’s written authorization of the Project will be at the Consultant's sole risk.

ARTICLE 2 - DISPUTE RESOLUTION; LITIGATION; JURISDICTION; GOVERNING LAW;

VENUE; REMOVAL

2.1 Any disputes which may arise out of this Agreement shall be addressed by the parties through mediation followed by litigation. Jurisdiction for all dispute resolution and litigation shall by North Carolina. Laws of the State of North Carolina shall govern. Venue for all dispute resolution efforts and litigation shall be in the General Courts of Justice of Alamance County, North Carolina and shall not be removed to federal court.

ARTICLE 3 - SERVICES TO BE PERFORMED

3.1 Consultant shall perform the Services described in the Project Scope of Services as authorized under this Agreement. Consultant shall provide all services as set forth in the Project Scope of Services, including the necessary, incidental and related activities and services required and contemplated in the Consultant's level of effort.

3.2 Consultant and Owner acknowledge that the Scope of Services described for the Project does not delineate every detail and minor work task required to be performed by Consultant to complete the work authorized by the Scope of Services. If during the course of the performance of the services authorized by this Agreement, Consultant determines that work should be performed to complete the Project which is in the Consultant's opinion outside the level of effort originally anticipated, whether or not the Project Scope of Services identifies the work items, Consultant shall notify Contract Administrator in writing within 30 days and wait for Owner approval before proceeding with the work. If Consultant proceeds with said work without notifying the Contract Administrator, said work shall be deemed to be within the original level of effort described in the Project Scope of Services. Notice to the Contract Administrator does not constitute authorization or approval by Owner to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without prior written Owner approval is at the Consultant's sole risk.

3.3 Upon mutual written agreement, the Project Scope of Services may be modified. The Owner and the

Consultant may negotiate additional scopes of services, compensation, time of performance and other matters related to the project. If the Owner and Consultant cannot contractually agree, Owner shall have the right to immediately terminate negotiations at no cost to the Owner and to procure services from another source.

ARTICLE 4 - OWNER'S RESPONSIBILITIES

4.1 Owner shall be responsible for all matters described in the Project Scope of Services (Attachment B).

ARTICLE 5 - COMPENSATION AND METHOD OF PAYMENT

5.1 Owner agrees to pay Consultant as compensation for performance of services as described in the Project

Scope of Services. Compensation may be as a lump sum or as maximum amount not-to-exceed. The maximum amount not-to-exceed method of compensation will utilize hourly billing rates established as part of this Agreement.

5.2 Consultant shall separately invoice for services rendered each month. Each project invoice shall reflect percentage of work completed to date and for the invoiced month. Invoices shall provide a detailed breakdown of hours worked, hourly billing rates by each individual, and the expenses attributable to the project during the period. All invoices and other forms of correspondence sent via U.S. Mail Service should be sent to P.O. Box 1358, Burlington, NC 27216.

5.3 The Owner shall assign a Project Number, as well as a Purchase Order Number for the Project to facilitate internal contract administration. Each Project Invoice must reference the assigned Number and the Purchase Order Number for the Project and be sent directly to the Owner’s Project Manager as assigned.

Payment terms shall be the net invoice amount within 30 days.

5.4 The hourly billing rates for this agreement are set forth in Attachment A to this agreement and shall be used for work compensated on a maximum not-to-exceed basis. Beginning one year from the effective date of the agreement, billing rates may be amended annually upon mutual agreement of both parties and upon execution of formal contract amendment documenting the changes to Attachment A.

5.5 The reimbursable expenses for this agreement are set forth in Attachment A to this agreement and shall be used for maximum amount not-to-exceed compensation. Consultant shall be allowed to adjust expense items in accordance with changes in IRS criteria for deductible expenses.

5.6 Consultant shall keep such records and accounts and require any and all consultants and sub-consultants to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the project and any expenses for which Consultant expects to be reimbursed.

All books and records relative to the project shall be available at all reasonable times for examination and audit by Owner and shall be kept for a period of three (3) years after completion of all work pursuant to this

Agreement. Incomplete or incorrect entries in such books and records shall be grounds for Owner's disallowance of any fees or expenses based upon such entries.

ARTICLE 6 - STANDARD OF CARE

6.1 General: Consultant shall exercise the same degree of care and diligence in the performance of the

Services as is ordinarily exercised by a professional serving under similar circumstances.

ARTICLE 7 - LIABILITY AND INDEMNIFICATION

7.1 General: Having considered the potential liabilities that may exist during the performance of the Scope of Services, the benefits of the project, and the Consultant's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Consultant agree to allocate and limit such liabilities in accordance with this Article.

7.2 Indemnification by Consultant: Consultant agrees to defend, indemnify, and hold harmless Owner, its agents, and its employees from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by Consultant's intentioned acts and negligent acts, errors, or omissions.

7.3 Employee Claims: Consultant shall indemnify Owner against legal liability for damages arising out of claims by Consultant's employees to the extent such claims arise out of Consultant's intentioned acts and negligent acts, errors or omissions.

7.4 Survival: Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article shall survive.

ARTICLE 8 - INSURANCE

8.1 During the performance of the Services under this Agreement, Consultant shall maintain the minimum levels of insurance shown below and provide certificates of such coverage to Owner prior to performance.

Certificates shall contain the provision that the City be given thirty (30) days written notice of any intent to cancel or non-renew by either the insured or the insuring company for any reason other than nonpayment of premium. If cancelled for nonpayment of premium, the number of days advance notice provided will be as required by law.

8.1.1 General Liability Insurance, with a combined single limit of $1,000,000 for each occurrence and

$3,000,000 in the aggregate.

8.1.2 Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and

$1,000,000 for each accident.

8.1.3 Workers' Compensation Insurance in accordance with statutory requirements and Employers'

Liability Insurance, with a limit of $500,000 for each occurrence.

8.1.4 Professional Liability Insurance, with a limit of $1,000,000 annual aggregate.

8.1.5 Excess Liability (Umbrella) Insurance with a limit of $5,000,000 each occurrence and aggregate.

The City shall be named as an additional insured under the general liability coverage. The insurance shall be primary and non-contributory of any self-funding and/or insurance carried by the City.

8.1.6 Waiver of Subrogation - All insurance policies required shall contain a standard "waiver of subrogation" clause in favor of the City.

8.1.7 The City shall be named as an additional insured under the general liability coverage. The insurance shall be primary and non-contributory of any self-funding and/or insurance carried by the City.

8.1.8 Certificate Holder’s address shall be:

Attn: Peggy Reece, CFO

PO Box 1358, Burlington, NC 27216

425 S. Lexington Ave., Burlington, NC 27215

ARTICLE 9 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

9.1 Except as otherwise provided herein, documents and reports prepared by Consultant as part of the

Services shall become the property of Owner upon payment for same. All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs and reports prepared or provided by Consultant in connection with this Agreement become the property of the Owner, whether the projects are completed or not, and shall be delivered by Consultant to the Owner within ten (10) days after receipt of written notice and upon payment for same. Owner may use or transfer to others for use in City of

Burlington service work products developed by Consultant in the course of its services for this Project, provided Consultant is credited with work in the development of that product. Consultant shall have no responsibility or liability for third party use authorized by City of Burlington. Consultant may not use or permit others to use any intellectual property rights of City of Burlington without prior express consent of the City of Burlington.

ARTICLE 10 - TERMINATION

10.1 This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party.

10.2 Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to Consultant. Consultant shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner's convenience, Owner shall pay

Consultant for all the Services performed to date. Upon restart, an equitable adjustment shall be made to

Consultant's compensation.

ARTICLE 11 - DELAY IN PERFORMANCE

11.1 Neither Owner nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include: floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, and other labor disturbances; sabotage; judicial restraint; and the inability to procure permits, licenses, or authorizations from any local, state, or federal agency for which such permits have been properly applied for in accordance with the specified Project Schedule for any of the supplies, materials, accesses, or services required to be provided by either Owner or Consultant under this Agreement.

11.2 Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur.

ARTICLE 12 - COMMUNICATIONS

12.1 Any communication required by this Agreement shall be made in writing to the address specified in the Project Scope of Services. The Contract Administrator for the Owner shall be specified in the Project

Scope of Services. Nothing contained in this Article or the Project Scope of Services shall be construed to restrict the transmission of routine communications between representatives of Owner and Consultant.

ARTICLE 13 - WAIVER

13.1 No waiver by either Owner or Consultant of any breach of this Agreement shall be of any effect unless it shall be written and signed by the waiving party. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach.

ARTICLE 14 - SEVERABILITY

14.1 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this

Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire

Agreement from being void should a provision which is of the essence of this Agreement be determined void.

ARTICLE 15 - SUCCESSORS AND ASSIGNS

15.1 Owner and Consultant each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this Agreement.

ARTICLE 16 - ASSIGNMENT

16.1 Neither Owner nor Consultant shall assign any rights or duties under this Agreement without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Consultant from employing independent consultants, associates, and subcontractors to assist in the performance of the Services. Consultant will not employ subcontractors for the performance of the Services without the prior written approval of Owner, which approval shall not be unreasonably withheld. Consultant shall have the right to assign duties to any of Consultant’s related or affiliated companies.

ARTICLE 17 - THIRD PARTY RIGHTS

17.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Consultant.

ARTICLE 18 - MISCELLANEOUS

18.1 INTERPRETATION: The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein,” “hereof,” “hereunder,” and “hereinafter” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section unless the reference is made to a particular subsection or subparagraph of such Section or Article.

18.2 CONSULTANT'S STAFF: Consultant shall provide the key staff identified in their proposal for the

Project as long as said key staff are in Consultant's employment.

18.2.1 Consultant will obtain prior written approval of Contract Administrator to change key staff members. Consultant shall provide Contract Administrator with such information as necessary to determine the suitability of proposed new key staff. Contract Administrator shall be reasonable in evaluating key staff qualifications.

18.2.2 If Contract Administrator desires to request removal of any of Consultant's staff, Contract

Administrator shall first meet with Consultant and provide reasonable justification for said removal.

18.3 ENTIRE AGREEMENT: This Agreement, including all documents identified below, represents the entire understanding between the Owner and the Consultant as to this particular scope of work and shall supersede all prior and contemporaneous communications, representations, understandings, and

Agreements relating to the subject matter hereof and may be amended only by written mutual Agreement of the parties.

18.4 ATTACHMENTS:

• Attachment A – Hourly Billing Rates and Reimbursable Expenses.

• Attachment B – Project Scope of Services.

ARTICLE 19 – PRE-EXISTING CONTAMINATION

19.1 Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall at all times remain with Owner. “Pre-existing contamination” is any hazardous or toxic substance, material, or condition present at the project site or sites concerned which was not brought onto such site or sites by Consultant.

ARTICLE 20 – LIMITATIONS OF RESPONSIBILITY

20.1 Consultant shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other participant, not under contract to Consultant, to fulfill contractual responsibilities to Owner or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Consultant in Scope of Services.

ARTICLE 21 – NON DISCRIMINATION CLAUSE

21.1 The Consultant shall not discriminate against any person on the grounds of race, color, national origin, sex, age, or handicap in administration of this Agreement. Nor shall any person be excluded from participation in, or be denied the benefits of any project designed under this Agreement on the grounds of race, color, national origin, sex, age, or handicap.

ARTICLE 22 – MINORITY BUSINESS PARTICIPATION

22.1 It is the policy of City of Burlington to provide minority businesses an equal opportunity to participate in all aspects of City of Burlington contract activities. Consultant shall comply with City of

Burlington Minority Business Participation Outreach Plan and Guidelines.

ARTICLE 23 – E-VERIFY

23.1 Consultant shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

Further, if Consultant utilizes a subcontractor, Consultant shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

IN WITNESS WHEREOF, Owner and Consultant have executed this Agreement.

OWNER:

CITY OF BURLINGTON

BY: ______________________________________

TITLE: CITY MANAGER

DATE: ______________________________________

CONSULTANT:

TITLE:

APPROVED AS TO FORM:

Date DAVID HUFFMAN

CITY ATTORNEY

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:

Date PEGGY REECE

CHIEF FINANCIAL OFFICER

A-1

PROFESSIONAL ON-CALL SERVICES AGREEMENT

ATTACHMENT A

HOURLY BILLING RATES AND REIMBURSABLE EXPENSES

INTRODUCTION

The hourly billing rates are set forth below.

Billing Category Individual Name and Title

Hourly Billing Rate for the Agreement

REIMBURSABLE EXPENSES

Reimbursable expenses for each individual project shall be clearly itemized by the Consultant.

The following guidelines shall be used to develop these expenses:

1. Overtime at straight time rates shall apply for exempt employees to the extent the employee works more than 40 hours per week on Owner’s project.

2. Subcontracted services shall be based on Cost Plus 5%. Consultant shall obtain Owner’s approval before authorizing such services.

3. Cost of printing and reproducing drawings and bid documents, except for those included in the lump sum cost.

4. Cost for use of field equipment, safety equipment and field sampling equipment.

5. Cost of courier and express mail services.

6. Living and traveling expenses when Consultant’s employees are away from home on

Owner’s project assignments. The following limitations shall apply:

• Base room charges (excluding taxes and other fees) shall not exceed $119 per night.

• Base rental car charges (excluding taxes and other fees) shall not exceed $60 per day.

• Meal charges per individual shall not exceed $51 per day.

7. Automobile mileage to be reimbursed at rate established and updated by Internal

Revenue Service.

B-1

PROFESSIONAL ON-CALL SERVICES AGREEMENT

ATTACHMENT B

SCOPE OF WORK

Background and Description:

In October 2025, the City of Burlington (City) received responses from the Consultant in the form of a Statement of Qualifications (SOQ) to the City’s Request For Qualifications (RFQ) for professional on-call services to support the City on an as needed basis. The RFQ and the

Consultant’s SOQ forms an integral part of this agreement.

The Consultant was selected and this agreement sets forth the professional on-call services for future City issued task orders for the following areas of work:

• {insert specific selected areas}

The City of Burlington intends to issue individual task orders for projects.