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Agenda 09-14-2021® nOrh\cnolinn DUNN city f zr/tere �omnttiniiy ntaEEe�a Dunn City Council Regular Meeting Tuesday, September 14, 2021 7:00 p.m., Dunn Municipal Building Call to Order — Mayor William P. Elmore, Jr. Invocation — Rev. Gerald Blake Pledge of Allegiance 1) Adjustment and Approval of the September 14, 2021 meeting agenda PRESENTATIONS 2) Recognition of New Employee PUBLIC COMMENT PERIOD 3) Each Speaker should limit comments to 3 minutes and must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. CONSENT ITEMS 4) Minutes —August 10, 2021 5) Minutes —August 16, 2021 Special Called Meeting 6) Declaring Badge and Service Weapon Surplus and Awarding to Lt. Jimmy Page 7) Retirement Resolution — Lt. Jimmy Richard Page, Jr. 8) Budget Amendment — Demolitions 9) Temporary Blocking of Streets — Harnett Street ITEMS FOR DISCUSSION AND/OR DECISION 10) Ordinance Amendment Request — OA-08-21, Chapter 20 — Subdivision of Land and Chapter 22 — Zoning, Neighborhood meeting requirement a) Public Hearing b) Decision 11) 309 S Magnolia Ave. — Ordinance to Demolish (Storage Building) a) Public Hearing b) Decision 12) Ordinance to deem Property Unfit for Human Habitation - 100 W Edgerton St — Tabled from July 13) Appeal of Building Inspector's Decision — 124 E Broad St 14) Resolution Accepting T-Mobile's "Hometown Techover" Grant 15) Award for CDBG-I Engineering Contract and CDBG-I Grant Administrator Services 16) Award for Engineering Services SRF WWTP Improvement Project 17) Award for Engineering Services SRF Collections System Project 18) Contractor Award for 14-inch Water Line Abandonment Project 19) Budget Amendments for Sewer Projects 20) Underground Pipeline Inspection Equipment Proposed Loan and Purchase 21) Police TASERS Contract Proposal 22) Conveyance of Body -worn Cameras to Central Carolina Community College BLET 23) Appointments 195/140 Crossroads of America Economic Development Alliance Board 24) Council Goals/Reports 25) Administrative Reports a) City Manager's Report b) Financial Report/Assessment Update c) Department Reports Communications/Public Information Public Works/Public Utilities Parks & Recreation/Library Planning & Inspections/Police 26) Announcements 27) Information 28) Closed Session in accordance with [N.C.G.S. 143-318.11(a)(5)]. ADJOURNMENT "This institution is an equal opportunity provider and employer" Adjustment 1 Approval of the Septemberi 2021 Recommendation: Motion to adopt the September 14, 2021 meeting agenda as presented Or Motion to adopt the September 14, 2021 meeting agenda as presented with the following changes: Additions: (Assign Number on the Agenda such as 14a) Removal of the following item(s): Move Item of Business from one section to another section (such as moving Item fi^om Consent Items to Items for Discussion and/or Decision) DUNN.F All -America CIlIl City Council Agenda y Meeting . 5qi Date: September y; P. d 2021 e „ l SUBJECT TITLE: New Employee Introductions Presenter: City Manager Neuschafer Department: Attachment: Yes No Public Hearinq Advertisement Date: PURPOSE: Public Utilities Justin Thompson — WTP Operations Specialist Ief_Tfj101cW111kiIa BUDGETIMPACT: RECOMMEN DATIONIACTION REQUESTED: Description: Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. The Public Comment Period shall be for thirty (30) minutes. 3. Comments are limited to three (3) minutes per speaker. A speaker can not give their allotted minutes to another speaker to increase that person's allotted time. 4. Each speaker must be recognized by the Mayor or presiding member of the City Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. 5. Individuals who sign up but can not speak because of time constraints, will be carried to the next regular meeting of the City Council and placed first on the Public Comment Period. 6. During the Public Comment Period, a citizen, in lieu of or in addition to speaking may pass out written literature to the City Council, City Staff and audience. 7. Groups supporting or opposing the same position shall designate a spokesperson to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy of the person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject of a public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 11. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on a month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. Recommendation: Motion to approve all Consent Items as presented. it k�Fti CouncilW" ED D 0- t 1 N­ - N"" �' All -America City �it, or d"',, All -America Clly 11111� City Agenda a MeetingDate: September 14,.21 1111 SUBJECT TITLE: Minutes — August 10, 2021 Presenter: I Public Hearing Advertisement Date: I PURPOSE: BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve the Minutes as presented. Dunn City Council Regular Meeting Tuesday, August 10, 2021 7:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tern Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boone, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Public Works Director Vincent Washington, Planning Director George Adler, Chief Building Inspector Steven King, Chief of Police Clark White, Parks and Recreation Director Brian McNeill, Human Resources Director Connie Jernigan, Librarian Mike Williams, Administrative Support Specialist II Debra Creighton, City Attorney Wiley Pope, and City Clerk Tammy Williams. Guests recognized by Mayor Elmore: Former Council Member Dr. Gwen McNeill. CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 7:00 p.m. and Rev. Randy Beasley, Pastor at Lees Grove Pentecostal Freewill Baptist Church gave the invocation. Afterwards, Council Member Turnage led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and second by Council Member Tart to adopt the August 10, 2021 meeting agenda as presented with change as listed below. Add Item for Discussion and/or Decision - Unified Development Ordinance Proposal Motion unanimously approved. PRESENTATIONS Introduction of City Employee Chief White introduced Investigator Jake Schlieman PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayor Elmore at 7:07 p.m. Dr. Gwen McNeill and Ronald Ross requested renovations for Codrington Park and for the park to be included in the Tart to Tyler Park Trail. With no comments, the Public Comment period was closed. CONSENT ITEMS • Minutes of the July 13, 2021 City Council Meeting. • Resolution accepting NC Governor's Highway Safety Program Grant for the second year of the grant period. A copy of the Resolution (R2021-25) is incorporated into these minutes as Attachment #1. • Budget Amendment - American Rescue Funds Funding Adjustments. A copy of Budget Amendment (BA2022- 03) is incorporated into these minutes as Attachment #2. • Temporary Blocking of Sheets - Dunn Chapel FWB Church Back to School event • Temporary Blocking of Streets - Chalk Fest • Temporary Blocking of Streets - Harnett St for Family Reunion Motion by Mayor Pro Tern Bradham and second by Council Member Gaulden to approve all consent items. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Rezoning on Jernigan Rd (RZ-05-21) from C-3 to R-20, Progress Homes, LLC, PIN# 1527-16-0414.000 Mayor Elmore opened the Public Hearing at 7:13 p.m. Planning Director Adler presented request to rezone 1 parcel totaling 1.4 acres +/- located on Jernigan Road. The parcel is currently zoned C-3, Highway Commercial District and proposed to be rezoned to R-20, Single Family Dwelling District. He reviewed the staff report and reported that the Planning Board voted unanimously to recommend approval of this request. With no additional comments, the public hearing was closed. Motion by Council Member Turnage and second by Council Member Sills to approve rezoning request RZ-05-21 located on Jernigan Road from C-3, Highway Commercial District to R-20, Single Family Dwelling District, which rezoning achieves the purpose and is consistent with the 2030 Land Use Plan. Motion unanimously approved. Ordinance Amendment OA-04-21 - Amendments to Chapter 20 Subdivision of Land, 20-74: Utilities and 20-77: Easements Mayor Elmore opened the Public Hearing at 7:17 p.m. Planning Director Adler presented request to amend the Ordinance to add 20-74 (c) Underground Utilities and 20-77 Easements. Last month, the Planning Board recommended that this request be tabled for research concerning the standard width of easements. After research, the Planning Board voted unanimously to approve the request with one revision in Section 22-77 (1): change fifteen (15) foot to twenty (20) foot width in the third sentence of that paragraph to conform to the second sentence of that paragraph. With no additional comments, the Public Hearing was closed. Motion by Mayor Pro Tem Bradham and second by Council Member Gaulden to adopt ordinance amendment OA- 04-21 as presented with the one revision approved by the Planning Board. Motion unanimously approved. A copy of the Ordinance (02021-19) is incorporated into these minutes as Attachment #3. Ordinance Amendment OA-06-21: Amendments to Chapter 22 Zoning, Section 20.60: Regulation of Unattended Donation Boxes Mayor Elmore opened the Public Hearing at 7:21 p.m. Planning Director Adler presented request to amend the Zoning Ordinance to add 20-60: Regulation of Unattended Donation Boxes. He presented pictures of the various boxes around the city and noted that only one of the companies represented was a non-profit and there is generally clothing and debris scattered around the boxes. He reviewed the proposed regulations including giving current boxes 60 days to come into compliance. The Planning Board voted to approve the request, 5 in favor with 1 opposed due to discussion on banning the boxes. This ordinance would give the city the authority to regulate. Ronald Ross spoke in favor of regulating and not banning the boxes. With no additional comments, the Public Hearing was closed. After much discussion concerning regulating or banning the boxes altogether, motion by Council Member Turnage and second by Mayor Pro Tern Bradham to deny ordinance amendment OA-06-21. Motion approved with Council Members Gaulden and McLean opposed. Consensus of Council was to ban the boxes, so the Mayor directed City Manager Neuschafer for staff to begin that process. Appeal of Building Inspector's Decision -1610 Erwin Rd Chief Building Inspector King presented appeal to Council. Inspector Slater Johnson has conducted an inspection at 1610 Erwin Rd and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160D-1117. The Building Inspector also found the structure dangerous or prejudicial to the public health or public safety and a nuisance in violation of G.S. §160A-193. Sherry Miller, presenting the owner of the property, has appealed the Building Inspector's decision of sixty days to repair or demolish the structure and according to N.C.G.S.§160D-1130 as represented in her letter of appeal to Council. Mayor Elmore shared that Ms. Miller was in attendance if there were any questions for her. Motion by Council Member Sills and second by Council Member Turnage to affirm the allowable time period of sixty days in accordance with N.C.G.S. 160D-1122 of the structure located at 1601 Erwin Rd, PIN# 1506-69- 9985.000. Motion unanimously approved. Resolution for Enforcement of Automated School Bus Safety Camera City Manager Neuschafer presented proposed Resolution to allow for enforcement of the Harnett County Ordinance for the Civil Enforcement of North Carolina General Statute §20-217 by means of an Automated School Bus Safety Camera installed and operated on any School Bus within Harnett County in the city limits of Dunn. The agreement the County has with BusPatrol is that 60% of gross revenues from citations will go to BusPatrol for operating the program and 40% to the schools. The County and the municipalities will not receive any of the funds for the violation. The Harnett County Board of Commissioners adopted the Stop Arm Ordinance that will allow the County to enforce civil penalties for these violations. Motion by Council Member Sills and second by Council Member Gaulden to adopt the Resolution authorizing the application and enforcement of the Harnett County Ordinance for the Civil Enforcement of NC General Statute §20- 217 in the City of Dunn. Motion unanimously approved. A copy of the Resolution (R2021-26) is incorporated into these minutes as Attachment #4. Stream/Ditch Maintenance Program City Manager Neuschafer presented request for approval to move forward with assembling a series of informal projects that would systematically address storm drainage issues through basin maintenance across the jurisdiction. There are three major drainage basins in Dunn and the City has previously identified four sub -basins directly inside the corporate limits, in the 2014 Stormwater Study completed by DMP. There are three main waterways in the Dunn jurisdiction; Black Creek, juniper Creels, and Stoney Run. Beyond that there are many "blue line streams" and tributaries which carry stormwater run-off from the fields and streets to the waterways and eventually into the Cape Fear River. During major rain events it is the time and efficiency that storm water flows through these tributaries that causes localized flooding on streets and in neighborhoods. He proposed to use funds in the stormwater operating budget to identify, evaluate, and hire an experienced contractor to begin debris removal and blockages once proper access to these properties are authorized. The cost is dependent on the length of the tributary and amount of debris located. Motion by Council Member Tart and second by Council Member McLean to approve for the City Manager to move forward with identifying waterways in need of cleaning, hiring appropriate contractors to perform the work and to enter into agreements with property owners for access to the targeted waterways. Motion unanimously approved. I95/I40 Crossroads of America Economic Development Alliance, Inc. Memorandum of Understanding Mayor Elmore presented the Memorandum of Understanding (MOU) between the City of Dunn and Town of Four Oaks for the development of a non-profit corporation I-95/I-40 Crossroads of America Economic Development Alliance, Inc. The MOU includes an annual expenditure of $50,000 to be paid to the organization to fund its operational expenses, which has already been budgeted for FY2021-2022. The purpose of the Alliance is to recruit new industries, incentivize the expansion of existing industries, and promote economic development opportunities to increase the tax base and create jobs for the residents within and surrounding the City of Dunn and Town of Four Oaks. Motion by Mayor Pro Tern Bradham and second by Council Member Sills to approve the MOD with the Town of Four Oaks for the development of the I-95/I-40 Crossroads of America Economic Development Alliance, Inc. as presented. Motion unanimously approved. A copy of the MOU is incorporated into these minutes as Attachment #5. Consider Engineering Services Agreement for Black River Wastewater Treatment Plant Expansion Study Public Utilities Director Adams reminded Council that in 2020, the Black River Wastewater Treatment Plan (W WTP) had an average daily flow that was greater than 80% of the permitted treatment capacity which requires that the City begin planning for future expansion needs. Staff is proposing an engineering contract with DMP to provide planning and permitting services for the WWTP. The study will project 20-year wastewater treatment capacity needs and upgrades required to meet state and federal regulations. It will also examine the improvements needed to utilize the current discharge location on the Cape Fear River (approximately 3 miles of conveyance force main) and the second alternative shall examine the feasibility of relocating the discharge location to the Black River which is adjacent to the plant site. The cost proposed by DMP for this work is $86,500. After various questions from Council, information and comments were added by Mike Slusser with DMP. After much discussion, motion by Council Member Gaulden and second by Council Member McLean to enter into an agreement with Davis Martin Powell for engineering and permitting services associated with the Black River Wastewater Treatment Plant Expansion Study and approve a budget amendment in the amount of $16,500. Motion unanimously approved. A copy of the Agreement and Budget Amendment (BA2022-04) is incorporated into these minutes as Attachment #6. Approval of Water Line Replacement Project for S Elm Ave and E Bay St Public Utilities Director Adams requested approval to move forward with a water line replacement project to replace the 12-inch water line on S Elm Avenue from Cumberland to Bay Street and the 12-inch water line on E Bay Street from Elm to Magnolia Avenue. Within the last couple of months, the City has experienced three water main breaks on the Elm Avenue 12-inch waterline. With each break, nearby residents have filed damage claims due to the amount of water that is discharged into yards and underneath homes. Also, there is approximately 400 LF of 12-inch on E Bay (connects to Elm) that did not get replaced during a 2013 upgrade project. Staff recommends replacing this section on Bay to complete this past project. Estimated engineering and construction costs is $1,100,000. $200,000 was budgeted in the 2021-2022 water and sewer operating budget for Bay Street (Magnolia to Elm). Staff also recommends obtaining a 5-year loan for the $900,000 balance with an annual payment estimated at $195,000 with debt service to begin in 2022. Motion by Mayor Pro Tem Bradham and second by Council Member Turnage to approve moving forward with the design and construction to replace the 12-inch water line on Elm Avenue and Bay Sheet and approve an engineering agreement with Davis Martin Powell for the design, construction administration, and construction observation for the above referenced project. Motion unanimously approved. A copy of the agreement is incorporated into these minutes as Attachment #7. Request to Advertise for Statement of Qualifications for a Water and Sewer System Development Fee Study and Resolution to Exempt from the Mini -Brooks Act Assistant City Manager Boone presented request to move forward with a water and sewer system development fee study. System Development Fees (old term was impact fees) are one-time charges assessed to new water and/or sewer customers to recover up -front system capacity costs for using the plant capacity. NC General Statute 162A Article 8 provides for the uniform authority to implement system development fees for public water and sewer systems in NC and gave local governments until July 2018 to comply with the law. In June 2018, the City of Dunn stopped charging impact fees and decided not to complete the study at that time. With the recent residential and commercial interest in the city, staff feels this is needed in planning for growth and the need for additional capacity at both the water and wastewater treatment plant. The cost of the study is estimated at $35,000. Motion by Council Member Tart and second by Council Member Gaulden to approve for City Staff to move forward with advertising the RFQ and approval of the resolution for the city to exempt itself from the Mini Brooks Act, since the contract is expected to cost less than $50,000, Motion unanimously approved. A copy of the Resolution (R2021-27) is incorporated into these minutes as Attachment#8. Unified Development Ordinance (UDO) Proposal City Manager Neuschafer presented proposal to embark on the important initiative to modernize the City's development related codes by creating a UDO, which will update our existing codes (Zoning, Subdivision and Flood Damage Prevention) and merge these regulations into a UDO that will: meet North Carolina State Statutes; become more user friendly and more consistent with document formatting; include form -based code elements; reduce and minimize inconsistencies, redundancies, and unnecessary cross-references; provide a modernized table of permitted uses; modify existing zoning districts, introduce potential new zoning districts and remove and replace outdated standards, definitions, and terminology. This engineering study will cost approximately $25,000 and take four or so months to complete. Motion by Council Member Sills and second by Mayor Pro Tern Bradham to approve the agreement for professional services for creating a Unified Development Ordinance from Stewart Inc., and the related budget amendment in the amount of $25,000. Motion unanimously approved. A copy of BudgetAmendment (BA2022- 05) is incorporated into these minutes as Attachment #9. Council Goals/Reports City Manager Neuschafer reported on various water, sewer, street and stormwater projects and studies that have been completed and/or approved, how the projects were funded as well as the projects still needed. Parks and Recreation Director McNeill gave an update on Tart Park construction and Codrington Park plans for improvement. He also updated Council on the staffing and maintenance issues with the swimming pool. Administrative Reports Finance Director Roberts provided the following financial report for the period ending July 31, 2021: • General fund and Water and Sewer fund combined was at $9,485,108 compared to last year's total of $6,128,001. • Property Tax - next payment should be around $20,000 for a total of approximately $3,940,000 for the 2020 tax year, which is approximately 5% over last year's budgeted amount. Total Taxes received through the end of May were $4,400,234 compared to $4,183,387 in 2020. • Sales Tax Revenue for July through May, were $2,389,338, increase of 3.3% from the same time last year which was $2,108,731. • Utilities Sales Taxes are reported quarterly with next report September 15. • Building Permit Fees for the month of July were $19,113 and total collected last year was $170,467 or 170% of budget. • Water and Sewer Revenues for the month of July were $537,543, up 9.9% from last year's total of $489,310. • General Fund expenditures in July were $875,333 or 7.3% of Budget, compared to $ 817,988 last year. • The Water and Sewer fund expenditures in July were $307,859 or 4.1% of budget compared to $334,042 last year. • The benchmark for this period is 8.33% of budget. He also reported on Debt Service and Liens and Assessments and updated Council on the new utility billing. Reports were also received as follows: Communications/Public Information, Planning and Inspections Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police Report. Announcements/ Information Mayor Elmore announced upcoming events and activities. Council Member Gaulden added information about an upcoming Back to School event being held at Codrington Park. Motion by Council Member McLean and second by Council Member Gaulden to enter closed session for the purpose to instruct the staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property in accordance with [N.C.G.S. 143-318.11(a)(5)]. Motion unanimously approved. Mayor Elmore recessed the meeting at 9:06 p.m. The meeting was reconvened and with no further business to discuss, motion by Council Member Sills and second by Council Member Tart to adjourn the meeting at 9:41 p.m. Motion unanimously approved. William P. Elmore Jr. Mayor Attest: Tammy Williams City Clerk DUNN , IM- D 0- t N1- " N' DUNN r 's > . A':. a _ �, Y Councilf City Agendarm w s �a �� a � d 0 } w a.a 1` Date: ap September 'i` 1 SpecialSUBJECT TITLE: Minutes — August 16, 2021 Department: Attachment: X Yes o Description:• tes •Hearing , - I1IIII-III- PURPOSE: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to approve Minutes as presented. Dunn City Council Special Meeting Tuesday, August 16, 2021 6:00 p.m., Dunn Municipal Building Minutes PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boone, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Public Works Director Vincent Washington, Communications Coordinator Kaitlin Adkins, City Attorney Tilghman Pope, and City Clerk Tammy Williams. CALL TO ORDER AND INVOCATION Mayor Elmore opened the meeting at 6:00 p.m. and Council Member McLean gave the invocation. Afterwards, Mayor Elmore led in the Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and second by Mayor Pro Tern Bradham to adopt the August 16, 2021 meeting agenda as presented. Motion unanimously approved. Acceptance of Revised Golden LEAF Foundation Grant for Inflow and Infiltration Assessment In 2019, the City applied for and received Hurricane Florence Recovery Grant funds from the Golden LEAF Foundation for the purpose of funding an Inflow and Infiltration assessment of the City's wastewater collection system in order to identify areas of damage, resulting from the effects of Hurricane Florence. In 2020, the City was awarded additional funds to repair sewer lines that were identified during the assessment. The bids for the project came in over budget so the City requested additional funds to cover the higher than expected construction costs and was recently awarded an additional $50,000 from Golden LEAF. Golden LEAF increased the total award from $456,086 to $506,086 with no local match. Motion by Mayor Pro Tern Bradham and second by Council Member Gaulden to accept the revised Golden LEAF grant agreement in the amount of $506,086 and make the applicable assurances contained therein. Motion unanimously approved. A copy of the Agreement has been filed with the City Clerk. Presentation and Acceptance of Citywide Pavement Condition Study The City of Dunn entered into an agreement with SEPI, Inc. to conduct a citywide pavement condition study to assist staff and council in making the most informed decisions when selecting future paving projects. Anthony Roper and Chris Corriher of SEPI presented the draft report. The assessment was prepared on 66 miles of paved streets, 750 street segments. The overall Pavement Condition Index (PCI) for the City is 65 with 27.37 miles of streets in good condition and 44.1 miles in fair condition. 2.67 miles were poor and failed while 2.04 miles were excellent. Corriher shared the top three service defects which includes oxidation, fatigue cracking, and transverse cracking. He talked about the various miles and the type of treatment including the cost for each section with the total cost of all repairs, if the city handled right now, at $15,593.757. The final recommendations were presented to increase the overall PCI: 1) Proactive implementation of a pavement management system with a mix of rehabilitation and preventative maintenance activities. 2) Preservation/Preventative Maintenance strategy for the "good" roads - crack seals, surface patching, and seals. 3) Rehabilitation strategy for "poor" and "fair" roads - Repairs + Overlays (Plant Mix or Micro -surfacing). - Micro -surfacing assumes 5-mile minimum contract quantity and requires technical support to ensure quality workmanship. 4) Develop strategic plan for future funding to address routine maintenance (drainage, patching, crack seals, etc. as well as pavement preservation and resurfacing). 5) Plan for future pavement evaluations on regular intervals (3-5 years +/-) so that the status of the road system can be monitored and maintenance plans altered as necessary. Council Member Turnage shared that in the past, the Council focused on the worst roads first and this change in focus would definitely require extra communication and education with our constituents. Roper shared the plans for mixed repairs should also include repairs to the worst areas. He also recommended piggy backing with NC DOT for as many repair projects as possible. After feedback from staff and council, the final document will be completed and presented at a future meeting. Presentation on Braids and Long Term Debt by Davenport & Co. The presentation by James E. Sanderson Jr, Senior Vice President of Davenport & Company LLC provided an overall financial review of both the general fund and the water and sewer fund, including a peer group analysis, a review of existing debt profile and fund balance trends, an analysis of the affordability of potential future borrowings, and a review of potential opportunities to refinance existing debt. Sanderson talked about the local government ratings A, AA and AAA. Dunn's past rating went away in 2017 because the loans requiring the ratings were paid. He reviewed the current debt service and recommended looking at opportunities for borrowing at a lower rate to save funds and get fixed rates such as with the Select Bank and the UCB loans where the rates mature prior to the loan payoff so the market will dictate, at that time, what the new rate will be. The payout ratio is at 62% which is a good rate. He reviewed debt service and assessment property value which is right in line with AA at .92%. Debt service to expenditures ratio is 7.51% and anything less than 8% is considered very strong. He stated trends look good in the general fund and the general fund balance looks good at 27% when comparing unrestricted to revenues and expenditures. He added the dollar amount is not that much so it reflects that the city is not hoarding a lot of money. He presented a Debt Affordability Analysis assuming borrowing $10 million at 3.5% for 20 years and another $10 million at 4% in 2025. This borrowing would result in an 8.42 tax increase initially and then end up with a total of 14.16 increase after the second loan. This increase does not have to be just in raising taxes but the needed revenue can be from other sources. He then reviewed the water and sewer fund and recommended looking at lowering debt service by refinancing existing debt. The loan at BB&T at $1,699 million could possibly be lowered. The payoff rate of 77% is very strong for a utility fund meaning the city has the ability to replace that debt service. Reviewing the debt service ratio, there is 124 days cash on hand, which is also very strong. You want the utility fund to be self-supporting so you do not have to use the general fund for utility expenses. Sanderson shared that a 5% increase would be needed to service $6.11 million in debt service. The 5% assumes no revenue increase from other sources. He highlighted three loans to look at for refinancing and savings. Those were the 2014 Select loan in the general fund and in water and sewer - the 2009 State Revolving loan and the 2018 BB&T loan. The city would need to realize at least 3% savings for it to make sense to refinance. Consensus from Council was for staff to go through the process to see if refinancing these loans would result in savings for the city. Council Member Sills asked about bonds. Sanders responded that borrowing with bonds would be a little longer process. The city's rating would have to be reinstated and the rates are more expensive. It would take four mouths plus and the process could not begin until the audit is available. If council is interested in bonds, this information would need to be presented and the council would need to go through the various options. He added that public transactions should mostly be considered for $5 million or more. Mayor Elmore asked what is involved in reinstating the city's rating and Sanderson replied that it would require a credit presentation and conversation with the LGC and rating agencies. A fee is associated that could be incorporated with the bonds. Announcements/Information Mayor Elmore announced upcoming events and activities. Motion by Council Member Turnage and second by Mayor Pro Tern Bradham to enter closed session for the purpose to instruct the staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property in accordance with [N.C.G.S. 143-318.11(a)(5)]. Motion unanimously approved. Mayor Elmore recessed the meeting at 7:58 p.m. The meeting was reconvened. Motion by Council Member Turnage and second by Mayor Pro Tern Bradham to make an offer on N McKay Ave property, PIN #1517-71-6247, approximately 8.32 acres for the purpose of using the property for municipal proposes according to the terms of the purchase contract presented. Motion unanimously approved. A copy of the Offer to Purchase and Contract, Page 1 is attached to these minutes as Attachment #1. With no further business to discuss, motion by Council Member Sills and second by Council Member Tart to adjourn the meeting at 8:18 p.m. Motion unanimously approved. William P. Elmore Jr. Mayor Attest: Tammy Williams City Clerk NN ibtftd i yH city Council AgendaFormr .. d Meeting eR, a Date: d September /i bP. d. Hn { SUBJECT Consideration of ResolutionDeclaring the .1• •ServiceWeapon1 by • • Page,Jr. SurplusandAwarding to him on his Retirement Presenter: Chief White Department: Police ResolutionAttachment: x Yes No Description: ■ Public 1i Advertisement D. PURPOSE: The City Council is being asked to adopt the attached resolution declaring the badge and service weapon carried by Lt. Jimmy Page surplus and awarding to him on his retirement. BACKGROUND: Jimmy Richard Page, Jr September 1, 2021. BUDGET IMPACT: served as a member of the Dunn Police Department from August 6, 1997 until RECOMMENDATIONIACTION REQUESTED: To adopt the resolution to surplus the badge and service weapon carried by Jimmy Richard Page, Jr. and awarding both to him. north earolina "Jay William P. Elmore Jr. NN Mayor Pro Tem Dr. David L, Bradham Council Members IWL)UJ. Wesley Sills city o f d ll n n April Gaulden Frank McLean Billy Tart POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 Chuck Turnage (910) 230-3500 a FAX (910) 230-3590 City Manager www.dunn-ne.org Steven Neusehafer RESOLUTION DECLARING THE BADGE AND SERVICE WEAPON CARRIED BY JIMMY RICHARD PAGE, JR. SURPLUS AND AWARDING THEM TO HIM ON HIS RETIREMENT WHEREAS, Jimmy Richard Page, Jr. served as a member of the Dunn Police Department from August 6, 1997 until September 1, 2021, at which time he retired from the Dunn Police Department and an active career in law enforcement; and WHEREAS, North Carolina General Statute Chapter 20-187.2 authorizes governing boards of law enforcement agencies to award to a retiring member the badge worn by him, as well as his service weapon: Glock, 9mm caliber, Model 17, Serial Number BSHN44.3; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn, North Carolina, that the badge and service weapon (Serial Number BSHN443) with three magazines carried by Jimmy Richard Page, Jr. be declared surplus and awarded to him on the occasion of his retirement; AND BE IT FURTHER RESOLVED that we extend our sincere appreciation to Jimmy Richard Page, Jr. for dedicated service rendered by him during his employment with the City of Dunn. Adopted this 141h day of September, 2021. William P. Elmore Jr, Mayor ATTEST: Tammy Williams, City Clerk DUNN All -America Mill � re eomvzr'r matters 9s9�za�3 D LID D 0- � L N1- " ' N'" � All -America City All -America CiW f City/ Council r y Agenda r x Meeting Date: D' `; a September " n ; s, 9. i SUBJECT TITLE: Retirement Resolution — Lt. Jimmy Richard Page, Jr. Presenter: Chief White Department: Police Attachment: x Yes No Description: Resolution Public Hearing Advertisement Date: PURPOSE: Retirement Resolution — Lt. Jimmy Richard Page, Jr., Patrol Lieutenant Retirement Date: September 1, 2021 BACKGROUND: BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: To approve Retirement Resolution in recognition and appreciation of Jimmy Page's 24 plus years of service with the City of Dunn Police Department. ® DUNN ci 6y of aliere w7im uc vW(crs DUNN ®&IlkmeeicaCiigp f 5&z 19X9 �(2013 Expressing Appreciation to Lieutenant Jimmy Richard Page, Jr. VponYfis Retirement WHEREAS, Jimmy Richard Page, Jr, retired on September 1, 2021 as a member of the Dunn Police Department with more than 24 years of service to our City; and WHEREAS, Jimmy began his career in law enforcement serving as an Auxiliary Officer and was later hired as a Police Officer 11 in August of 1997; and WHEREAS, Jimmy took over as the K-9 officer in January of 1998 and continued until October, 2002 when the K-9 retired. During his service, he was promoted to Senior Sergeant of Narcotics in 2006, and promoted to Lieutenant in 2007 and served in the roles of Patrol Lieutenant and Investigations Lieutenant since that time; and WHEREAS, Jimmy has proven himself to be a dedicated and efficient public servant who has gained the admiration and respect of his fellow workers and the residents of the City of Dunn, going above and beyond the call of duty serving as a Law Enforcement Instructor for Johnston Community College and receiving several letters of Commendation throughout his service; and WHEREAS, Jimmy has worked faithfully and diligently; one that you could depend upon to do whatever it took to get the job done; and WHEREAS, the Mayor and City Council of the City of Dunn are desirous on behalf of themselves, the other City officials and employees, and the residents of the City of Dunn, of expressing to Jimmy Richard Page, Jr. their deep appreciation and gratitude for the service rendered by him to the City throughout his years of service. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that we offer Jimmy our very best wishes for success, happiness, prosperity and good health in his future endeavors. This Resolution shall be incoi yorated into die official Minutes of the City of Dunn, and shall be in fidt force and effeelfi•om and after this 14°i day ofSepteniber, 2021. William P. Elmore, Jr., Mayor Attest: Tanury Williams, City Clerk I L` -T-1 D N' MIMI Agenda M 1.r City Council Form Y Y Y e a �� .:September 14, SUBJECT TITLE: Budget Amendment — Demolition of Various Properties • RobertsDirector Dpo/Z c X Yes No IAttachment: Publicent III ,- Hearing Ad - .��I; r. rr PURPOSE: This amendment was approved on June 81h but the demolition did not take place until after July 1, therefore we need to adopt this amendment again for the current budget year. This amendment establish funds to pay for the demolition of 4 city owned properties. BACKGROUND: The city now owns four (4) dilapidated properties that were beyond repair located at 501 E Broad St, 503 E Broad St and 906 W Broad St. The fourth property is 410 S Clinton which the city Council voted in favor of an ordinance to demolish in February 2021, and the City received ownership in August of 2021. An RFP for the work was issued on 4/28/21 with proposals received on 5/17/2021 and the first Budget Amendment passed on 6/8/2021. The low bidder was Martin Edwards and Associated Inc. at $76,431 for the first three properties and the fourth property will be $29,500, The city anticipates being reimbursed that cost after the completion of the demolition from the current owner. BUDGET IMPACT: The budget amendment requested is for 1$77,000 from the general fund. RECOMMENDATIONIACTION REQUESTED: Motion to approve the Budget Amendment to fund the demolition of 501 Broad St and 410 S Clinton Ave. E Broad St, 503 E Broad St, ) \\{ � f # \{/ OE Ow ID If ■ \®\ } ) \ \ \\\\\\ } 227\\} - - CD !/ E7a To \ § [ . ( \ ) f { § -�,2,2Lij \ FL DUNN DUNN I-- " M D � U- 1 N- - ' ' N"" ' 1f City Council Agenda Form � & j A �A%� " : H Date: I September 2021 y Meeting ', Temporary13 SUBJECT TITLE: Blocking ofStreet Request Presenter: Manager Neuschafer lepa • Administration Attachment: X Yes No Description: Request from Felica Blue, Map Public HearingAdvertisementr PURPOSE: Felica Blue is requesting for E Harnett Street to be blocked from N Sampson Ave to N Lee Ave, as depicted in the attached map, on Saturday, October 9, 2021 from 12:00 p.m. to 7:00 p.m. Fundraising event and community Covid-19 testing and vaccination event. 13341:(ei A11111f6 BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to approve Temporary Blocking of the section of N Harnett St for Saturday, October 9, 2021 as requested. Tammy W. Williams From: FELICA BLUE <felica_blue@yahoo.com> Sent: Wednesday, September 8, 2021 12:56 PM To: Tammy W. Williams Subject: STREET CLOSURE Good afternoon, I am writing to request the road block of N. Sampson Avenue and Harnett Street and N. Lee Avenue in Harnett Street to be close OCT 9, 2021 from 12pm to 7pm this is needed to keep everyone involved safe from traffic. We'll be having a fundraiser for a family member with graves disease which will benefit her surgery. We will also be having Covid testing vaccines and music. If you have anymore questions or concerns please feel free to contact -me 910 890 8062 or via email felica bluetayahoo.com. Thank You, Felica Blue 4 J +J v ■ 3sn w93l uod LoN DUNN �, bcftd LE' DH- D 0" t 1 � N­ - � N'" � 11f City Council Agenda Form UNN m !� Meting^ b Date: September 14, Presenter: George Adler, Planning Director Department: Plannina & Inspections Attachment: XYes No notice Public Hearing Advertisement Date: Auqust 17th, 241h and 315t, 2021 PURPOSE: of Ordinance Amendment and legal such, including date of Public Hear Public Hearing: This is a request to amend Chapter 20 - Subdivision of Land, Section 20-13; and Chapter 22 — Zoning, Section 22-503, of the Dunn City Code. The public hearing is the opportunity for the Council to hear comments and opinions from the public for or against the request. The public hearing was duly advertised on August 17th, 24th and 31st, 2021. Decision: BACKGROUND: As with all of text amendments, strikethrough is old text removed and underlined is new text. The Planning Board met on August 24, 2021 to review the proposed amendment. The amendment would require developers to hold a public meeting and present a record of such a meeting as part of their submittal to the Planning Board when seeking Preliminary Plat approval for a proposed Major Subdivision, for a Planned Unit Development (PUD), or for a Conditional Zoning development. The Planning Board voted 6-0 (one excused absence) to approve the requested amendment. BUDGET IMPACT: None. RECOMMENDATIONIACTION REQUESTED: Motion to adopt the ordinance amendment OA-08-21 as presented to require developers to hold a public meeting and present a record of such a meeting as part of their submittal to the Planning Board when seeking Preliminary Plat approval for a proposed Major Subdivision, for a Planned Unit Development (PUD), or for a Conditional Zoning development. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a PUBLIC MEETING will be held by the CITY OF DUNN PLANNING BOARD on AUGUST 24, 2021 at 6:30 P.M. and a PUBLIC HEARING will be held by the CITY COUNCIL OF THE CITY OF DUNN on SEPTEMBER 14, 2021 at 7:00 P.M. in the COURTROOM of the DUNN MUNICIPAL BUILDING for the purpose of considering the following item: Ordinance Amendment Request — OA-08-21 Chapter 20 — Subdivision of Land and Chapter 22 — Zoning, Neighborhood meeting requirement This request is to amend the Land Subdivision and Zoning ordinances to require that developers conduct a neighborhood meeting prior to submitting a Preliminary Plat. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEM SET FORTH ABOVE ARE REQUESTED TO BE PRESENT AT THE ABOVE -MENTIONED TIME AND PLACE. COPIES OF PROPOSED ITEM ARE AVAILABLE FOR REVIEW AT THE DEPARTMENT OF PLANNING DURING NORMAL BUSINESS HOURS MONDAY THROUGH FRIDAY. WRITTEN COMMENTS MAY BE ADDRESSED TO: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 ADVERTISE: August 24, 2021 August 31, 2021 Chapter 20 —Subdivision of Land Secs. 20-13 concerns of the neighborhood and surrounding property owners. opportunity to attend. Secs 20-14-20-40. - Reserved. Chapter 22 - Zoning Sec. 22-503. - Information required. The developer of a planned development shall be required to submit the following information and any other information that may be required by the Planning Board: (1) Site plan. A site plan drawn to scale indicating the arrangement and tentative location of buildings, uses permitted, land to be preserved as permanent common open space, parking and loading spaces, and other special features of the development plan; (2) Protective covenants. A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed development; (3) Incorporation agreements; maintenance agreements. A draft of any proposed incorporation agreement and a draft of any bylaws or easement declarations concerning maintenance of recreational and other common facilities; (4) Data on market potential. Data on the market potential necessary to support the location of the site and the size of uses in any planned development; and owners. (Code 1974, § 25-123) DD , 1111jq3 3 City Council Agenda Form Meetmig DSeptember a - 2021n SUBJECT TITLE: Consideration of Ordinance to Demolish• .• C • • 09 S. Magnolia PIN • . 68 ill Presenter: Chief Building Inspector Steven King stp Department: Planning and Inspections Description: Ordinance to Demolish Property Attachment: mYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 09/03/2021 & 09/07/2021 PURPOSE: a) Public Hearing: Consideration of Ordinance to Demolish Condemned Structure — 309 S. Magnolia Ave. (PIN #: 1516-65-6854,000). The Public Hearing was advertised on September 3rd, and September 7th, 2021. b) Purpose: Building Inspector Slater Johnson has conducted an inspection at 309 S. Magnolia Ave. and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. §160D-1117. The Building Inspector also found the structure dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160D-1123, the City Council has the power to proceed with the demolition of this property. 1) Should Council decide to proceed with the demolition of the structure at 309 S. Magnolia Ave. an ordinance (which is attached) would need approval directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Building Inspector to proceed with the demolition of the structure located at 309 S. Magnolia Ave. (PIN #: 1516-65-6854.000) r city of dune PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 ^ FAX (910) 230-9005 www.dumi-nc.org DUNN CITY COUNCIL Spoyle Properties, LLC 209 Airport Rd. Clinton, NC 28328-1426 To Whom It May Concern: Mayo• William P. Elmore, Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer LOCATION OF STRUCTURE(S): 309 N. Magnolia Ave. (PIN #: 1516-65-6854.000) 311 N. Magnolia Ave. (PIN #: 1516-65-6820.000) You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, September 14th, 2021 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said structure. This is the 3`d day of September, 2021. Steven King Chief Building Inspector, City of Dunn ®T-1114%north carolina ow n �NN cityo1 dnrin PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3505 ^ FAX (910) 230-9005 www.dunn-lic.org c DUNN CITY COUNCIL Barry L. Hoyle P.O. Box 326 Dunn, NC 28335 To Whom It May Concern: LOCATION OF STRUCTURE(S): 309 N. Magnolia Ave. (PIN #: 1516-65-6854.000) 311 N. Magnolia Ave. (PIN #: 1516-65-6820.000) Mayor William P, Elmore, Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tannage City Manager Steven Neuschafer You are hereby notified that a Public Hearing will be held before the City Council of the City of Dunn at its Tuesday, September 14th, 2021 meeting at 7:00 pm at the City of Dunn Municipal Building, located at 401 E. Broad Street. Following the Public Hearing, the City Council will consider for decision, an ordinance to authorize the Chief Building Inspector to demolish said structure. This is the 3rd day of September, 2021. t Steven K' g Chief Building Inspector, City of Dunn DUNN AlhAmerleaClry t9s�*ama , north carolina L�Lu L)uNN Cite of drilln PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3505 - FAX (910) 230-9005 www.dunn-ncorg PROPERTY HISTORY: 309 S. Magnolia Ave. (PIN #: 1516-65-6854.000) [Ward 3] Owner: Spoyle Properties, LLC Barry L. Hoyle 209 Airport Rd. Clinton, NC 28328 Overview: mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Ft'ank McLean Billy Tart Chuck Tu nage City Manager Steven Neuschafer May 28, 2021— Storage building at 309 and 311 S. Magnolia Ave. condemned. Hearing notice sent to property owner, Barry L. Hoyle. June 3, 2021— Hearing scheduled at Planning and Inspections Department. Hearing was attended by the owner, Barry Hoyle, Building Inspector, Slater Johnson, and Chief Building Inspector, Steven Ding. Mr. Hoyle stated he would have the 311 side of the storage building removed and would repair the 309 side of the building. The building crosses property lines between 309 and 311 S. Magnolia Ave. June 22, 2021— Pictures were taken of the storage building demolition in progress at 311 S. Magnolia Ave. July 1, 2021— Order after Hearing notice allowing thirty (30) days for repair or demolition of storage building sent to owner. A letter explaining the appeal process was also sent with this letter to inform owner of his right to an appeal if he chose to do so. July 11, 2021—Ten (10) day time period for appeal expires. No appeal received. July 31, 2021— Allowed time period of thirty (30) days expires. August 10, 2021— Property transferred ownership from Barry L. Hoyle to Spoyle Properties, LLC. Mr. Hoyle is a partner in Spoyle Properties, LLC. August 25, 2021— Site visit performed at the property to see if any improvements had been made to the 309 S. Magnolia Ave, side of the storage building. No notable repairs from exterior were observed. The demolition of the 311 S. Magnolia Ave. was pretty much completed. Exterior pictures of the storage building taken to update file. September 14, 2021— Scheduled for City Council meeting. June 22"d, 2021 tTl• • A August 25t", 2021 north caroling EWL)UNN city of dune POST OFFICE BOX 1065 . DUNN, NORTH CAROLINA 25335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Maym William 1'. Elmore Jr. Mayor Pro Tem Dr, David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Turnage City Manager Steven NEaSchafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160D-1117, ET SEQ. WHEREAS, that on May 28, 2021, the Building Inspector for the City of Dunn sent a notice to Barry L. Hoyle, the owner(s) of record of the storage building(s) located at 309 S. Magnolia Ave. noting that the storage building(s) are in a condition that constitutes a fire and safety hazard, and are dangerous to life, health and property and were thereby eondenned, pursuant to North Carolina General Statute §160D-1117, et seq. and noticed the property owner of a hearing on June 3rd, 2021 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160D-1119 and §160D-1121; and WHEREAS, on June 3rd, 2021 a hearing was conducted by the Building Inspector, Slater Johnson with owner, Barry Hoyle, and Chief Building Inspector, Steven King, in attendance. Following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute § 160D-1122, declaring that the storage building(s) referenced above are in a condition that constitutes a fire or safety hazard and are dangerous to life, health or other property and ordering the property owner to repair or demolish the structure(s) on the property within thirty (30) days of the date of such Order, being July 1st, 2021; and DUNN All -America CiN 1 111 Mr Cre car)Zfflt ' Ma&ers 1989*2013 WHEREAS, the owner of the above described structures did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160D-1123 and such Order is therefore a final Order; and WHEREAS, on September 3`d, 2021 and September 7"', 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on September 10', 2021 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structures described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160D-1125; and WHEREAS, the City Council of the City of Dunn, NC finds that the structures described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, the structure(s) should be removed or demolished, as directed by the Chief Building Inspector, and are an unsafe building condemned as set forth in North Carolina General Statute §160D-1121 and §160D-1125 and constitutes afire and safety hazard; and WHEREAS, the owner of the structures have been given a reasonable opportunity to repair or demolish the structures pursuant to an Order issued by the Building Inspector on December 101", 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structures described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structures at the following address: 309 S. Magnolia Ave. Dunn, NC 28334 PIN #: 1516-65-6854.000 PID #:02151611140006 Owner(s): Barry L. Hoyle/Spoyle Properties, LLC. Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structures in accordance with his Order to the owner thereof dated the 1 sc day of July, 2021 and in accordance with North Carolina General Statute §160D-1125, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence, pursuant to North Carolina General Statute §160D-1125. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160D-1125. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 141h day of September, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams City Clerk 9/7/2021 . Harnett COUNTY N08n1 waiirnn 02161611140006 1516-65-6854.000 1:0027234 Acreage: 1.000 LT ac ad Acreage: 0.11 ac Number: 1500043847 SPOYLE PROPERTIES LLC Harnett County Parcel Report Print ihls page Property Description: 1 LT 309 S MAGNOLIA AVE 50X100 : 209 AIRPORT RD CLINTON, NC 28328-1426 arty Address: 309 S MAGNOLIA AVE DUNN, NC 28334 Stale, Zip: DUNN, NC, 28334 IIng Count: 1 iship Code: 02 fax District: Dunn Aveasboro Parcel Building Value: $39580 Parcel Outbuilding Value : $2200 Parcel Land Value: $4970 Parcel Special Land Value: $0 Total Value : $46750 Parcel Deferred Value: $0 Total Assessed Value : $46750 Harnett County GIS Neighborhood: 00212 Actual Year Built: 1920 TotalAcutalAreaHeated: 1178 Sq/Ft Sale Month and Year. 8 / 2021 Sale Price: $0 Deed Book 8 Page: 4027-0947 Deed Date: 1628640000000 Plat Book & Page: - Instrumenl Type: WD Vacant or Improved: QualifiedCode: A Transfer or Split: T Within 1mi of Agriculture District: No Prior Building Value: $45640 Prior Outbuilding Value : $2200 Prior Land Value: $4970 Prior Special Land Value: $0 Prior Deferred Value : $0 Prior Assessed Value : $52810 https://gls.harnett.org/E911 App/Parcels/ParcelReport.aspx?pin=151 B-65-6854.000 1/1 N DUNN DiJNN north � JinnTForml AthAmertcaCitp nt ,,A�erica6i� 11111.f City Council Agenda I_ ► to et989'� _ee _.ate: 2613 989 �' 2013SUBJECT TITLE: Consideration of Ordinance to deem property Unfit fo 100 W. Edgerton St. PIN #: 1516-67-4811,000 Presenter: Chief Building Inspector Steven King Department: Planning and Inspections Description: Unfit for Human Habitation Ordinance Attachment: mYes ❑ No Property History Pictures of Property Public Hearing Advertisement Date: 04/30/2021 & 05/04/2021 a) Purpose: Code Enforcement Officer, Dwayne Williams has conducted an inspection at 100 W. Edgerton St. and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn's Non -Residential Building Maintenance Code. The Code Enforcement Officer also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. §160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn Non -Residential Building Maintenance Code and pursuant to N.C.G.S. §160D-1129, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Chapter 4, Article VII of the Dunn City Code within twenty-four (24) months of the adoption of this ordinance, the Chief Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S. §1 60D-1 129. City Council unanimously voted to table the decision to deem property unfit for human habitation at the May 11'h, 2021 Council Meeting, This was done to allow owner time to consult with engineers and contractors to have floor system repaired. City Council voted to table the decision to deem the property unfit for human habitation at the July 13th, 2021 Council Meeting. This was done to allow owner time to consult with engineers and contractors and to have the floor system repaired or in the process of being repaired. BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the ordinance directing the Chief Building Inspector to vacate, close, and post the property Unfit for Human Habitation at 100 W. Edgerton St. (PIN #: 1516-67-4811.000) north carolina DWI "MUNN city of dunn PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3505 • FAX (910) 230-9005 www.dunn-nc.org PROPERTY HISTORY: 100 W. Edgerton St. (PIN #: 1516-67-4811.000) [Ward 31 Owner: WREN Industries Inc PO Box 447 Siler City, NC 28344 Overview: Mayor William P. Elmore, Jr. Mayo• Pro ,rem Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tait Chuck Turnage City Manager Steven Neuschder June 12, 2020 —Non-Residential Building Maintenance inspection performed. Survey with all violations mailed to WREN Industries Inc. June 29, 2020 — Hearing scheduled at Planning and Inspections Department. Hearing was held with Cecil B. Jones. August 31, 2020 — Order after Hearing notice allowing ninety (90) days for repairs, alterations and improvements of property sent to owner(s). September 10, 2020 — Ten (10) day time period for appeal expires. No appeal received. November 30, 2020 — Allowed time period of ninety (90) days expires. December 29, 2020 — Site visit performed at the property to see if any improvements have been made. Met with contractor on site to discuss. Exterior pictures of the structure taken to update file. March 24, 2021— Site visit performed to check the status of repairs. It appears a lot of structural damage has been covered rather than repaired. May 11, 2021— Scheduled for City Council Meeting. City Council adopted to table the decision until the July Council Meeting to allow owner time to meet with engineers and contractors to repair the floor system. June 29, 2021— Emailed Attorney Bo Jones to get an update on progress of work and/or with engineer's recommendations for necessary repairs. Mr. Jones replied saying that he had a meeting scheduled with the owner and contractor next week (7/05-7/09) and would let me know the outcome. September 14, 2021 Scheduled for City Council meeting. ITITOMWiPostai Floor System north carolina ILU.UUNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dunn-ne.org Mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L, Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Turnage City Manager Steven Neuschaler AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160D-1129, ET SEQ. WHEREAS, that on June 121", 2020 the Building Inspector for the City of Dunn sent a notice to WREN Industries, Inc., the owner(s) of record of the property located at 100 W. Edgerton St. that the property was in a condition that does not meet the requirements of the City of Dunn Non -Residential Building Maintenance Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on June 29", 2020, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160D-1129, et seq.; and WHEREAS, on June 291h, 2020, attending the hearing was attended by Attorney Cecil B. Jones, Code Enforcement Officer, Dwayne Williams, Building Inspector, Slater Johnson, and Chief Building Inspector, Steven King and following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute § 160D-1129, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Non -Residential Building Maintenance Code and ordering the property owner to bring the property into compliance with the City of Dunn Non -Residential Building Maintenance Code within ninety (90) days of the date of such Order, being August 31", 2020 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Dunn Non -Residential Maintenance Code as set forth in Article V11 of the Dunn City Code; and GdxPIt&! Nam WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-186 of the Dunn City Code such Order is therefore a final Order; and WHEREAS, on April 301", 2021 and May 4"', 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on May I1"i, 2021 to consider the adoption of this Ordinance, directing the Chief Building hnspector to post on the main entrance of the property a placard that states: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful;." and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and jeopardizes the health or safety of occupants or members of the general public and that the Chief Building Inspector shall post the main enhance of such property with the placard provided for herein; and WHEREAS, the owner of this property has been given a reasonable opportunity to repair the property pursuant to an Order issued by the Chief Building Inspector on August 31", 2020, and the owner has failed to comply with the Order; WHEREAS, the City Council of the City of Dunn, NC motioned to table the matter until the September 14"', 2021 Council Meeting to allow additional time for repairs to be done to the building; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina, that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the main entrance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the building located at the following address: 100 W. Edterton St. Dunn, NC 28334 PIN 9: 1516-67-4811.000 PARCEL ID#: 02151607140001 Owner: WREN Industries, Inc. Section 2. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Occupation of the building once posted with said placard shall be Class 3 misdemeanor pursuant to North Carolina General Statute § 160D-1129. Section 3. This ordinance shall become effective upon its adoption Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-185 of the Dunn City Code within twenty-four (24) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for fitrther consideration of remedies available to the City of Dunn under North Carolina General Statute §160D- 1129. Adopted this the 14t' day of September, 2021. William P. Elmore, Jr. Mayor Attest: Tammy Williams City Clerk 5/3/2021 �-- , Harnett C0 U NTY TMIFt rARnLiRA 02151607140001 1516-67-4811.000 e0038574 Acreage: 1.000 LT ac ad Acreage: 0.17 ac Number: 210064000 WREN INDUSTRIES INC Harnett County Parcel Report Print this page Property Description: PARKA TRp182 56X140 WREN MAPN2002-1327 : PO BOX 447 SILER CITY, NO 27344-0000 arty Address: 100 W EDGERTON ST DUNN, NC 28334 State, Zip: DUNN, NC, 28334 Ing Count: i ship Code: 02 rax District: Dunn Averesboro Building Value: $94660 Outbuilding Value: $0 Land Value: $43700 Special Land Value : $0 'alue : $138360 Deferred Value : $0 assessed Value : $138360 Harnett County GIS Neighborhood: 00209 Actual Year Built: 1930 TotalAcutalAreaReated: 7840 Sg1Ff Sale Month and Year. 1011985 Sale Price: $28000 Deed Book & Page: 790-0490 Deed Dale: 496972800000 Plat Book S Page: 2002-1327 Instrument Type: WD Vacant or Improved: QuallfiedCode: Q Transfer or Split: Within 1ml of Agriculture District: No Prior Building Value: $94660 Prior Outbuilding Value : $0 Prior Land Value : $50100 Prior Special Land Value: $0 Prior Deferred Value : $0 Prior Assessed Value : $144760 https://gls.harnett.org/Egl1App]Parcels/Parce[Report.aspx?pin=l516-67-4811.000 9/1 UNN L E D i ft City Council Agenda Form I Sa.� a 1 D o- 7 A:;11111P _:� 9; w2013I SUBJECT TITLE: Appealof Building Inspector'sD' • Broad • 6 / ill • Building 1' • •%�/ '.. l'•. Planning and I•' I esc7p7`777T•pe Attachment: . No Property History Pictures Public Hearing Advertisement Date: N/A PURPOSE: a) Purpose: Chief Building Inspector Steven King has conducted an inspection at 124 E, Broad St. and based upon his observations, the structure is unsafe and have been condemned in accordance with G.S. §160D-1117. The Building Inspector also found the structure dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193. The owner of the property has appealed the Building Inspector's decision of sixty (60) days to repair or demolish the structure and according to N.C.G.S.§160D-1130, the City Council has the power to affirm, modify and affirm, or revoke the order. 1) Should Council decide to affirm or affirm and modify the time period of sixty (60) days the Building Inspector has given, the property would be brought before City Council at the expiration of the time granted to approve and Ordinance directing the Chief Building Inspector to remove or demolish said structure. BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Affirm the allowable time period of sixty (60) days in accordance with N.C.G.S. 160D-1122 of the structure located at 124 E. Broad St. (PIN #: 1516-67-4133.000) north carolina L �Lu L )'ffu" ff N N city of dune PLANNING & INSPECTIONS DEPARTMENT POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3505 ° FAX (910) 230-9005 wwwAunn-nc.org PROPERTY HISTORY: 124 E. Broad St. (PIN #: 1516-67-4133.000) Owner: Dean Wiley 124 E. Broad St. Dutm, NC 28334 Overview: Mayor William P. Elmore, Jr. Mayor Pro Tem Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer July 16th, 2021— Condemnation Notice sent to property owners notifying them of hearing date of July 23rd, 2021. July 221 d, 2021— Received email from Mr. Wiley stating he just received the letters and asked to reschedule. The hearing was rescheduled from the 23rd to the 30t1' of July, 2021. July 30t1i, 2021— Hearing held at City of Dunn Planning and Inspections Department. Mr. Dean Wiley, owner, Steven King, Chief Building Inspector, Slater Johnson, Building Inspector, and Dwayne Williams, Code Enforcement Officer was in attendance. August 9"', 2021— Notice after hearing sent to property owners notifying them of a sixty (60) day time period in which they had to repair or demolish the structures. A letter explaining the process to appeal the Building Inspector's decision within ten (10) days was also sent at this time. August 18t1', 2021— Letter appealing the Building Inspectors decision received. August 191h, 2021— 10-day appeal deadline. September 141", 2021— Scheduled for City Council meeting. Comm 7ZG 7ita August 15, 2021 From: Dean Wiley 124-B East Broad Street Dunn, NC 28334 To: Tammy Williams City Clerk — City Of Dunn P. 0. Box 1065 Dunn, NC 28335 Stephen King Chief Building Inspector —City Of Dunn P. O. Box 1065 Dunn, NC 28335 RE: Letter(s) relating to "condemned structure" 124 E. Broad Stand "Appeal Process" I "...wish to appeal the Building Inspector's decision of sixty (60) days." /s/Dean Wiley ( electronic mail delivery August 15, 2021 ) "Ink signature" copies (two (2)) mailed August 15, 2021 without tracking. U.S. Postal Service "delivery confirmation" or "tracked" copies (two (2)) to be mailed August 16, 2021. 2021_0815_124_C1tyofDu n nA ppea I N otice.docx June 1st. 2021 June 1st. 2021 June 1st, 2021 June 1st, 2021 917/2021 Harnett C 0 U N T Y J MuiRIIt l"A oml rI 02151611010010 1516-67-4133.000 e 0019188 Acreage: 1.000 LT ec ad Acreage: 0.04 ac Number: 1400000405 WILEY DEAN Harnett County Parcel Report Prinf this page Property Description: 1 LOT BROAD STREET 24X70 : 124 B EAST BROAD STREET DUNN, NC 28334-0000 Address: 124A E BROAD ST DUNN, NC 28334 is, Zip: DUNN, NC, 28334 Count: 1 p Code: 02 District: Dunn Averasbom it Building Value: $52280 :I Outbuilding Value: $0 d Land Value : $14000 A Special Land Value : $0 Value: $66280 d Deferred Value : $0 Assessed Value: $66280 Harnett County GIS Neighborhood: 0020OG Actual Year Bull(: 1920 TotalAcutalAreaHeated: 2808 Sq/Ft Sale Month and Year: 111978 Sale Price: $0 Deed Book & Page: 671-0264 Dead Date: 252460800000 Plat Book & Page: - Instrumenl Type: WD Vacant or Improved: QuallOedCode: X Transfer or Split: Within tml of Agriculture District: No Prior Building Value: $31780 Prior Outbuilding Value : $0 Prior Land Value : $14000 Prior Special Land Value : $0 Prior Deferred Value : $0 Prior Assessed Value : $45780 https://gis.harnett,org/E9ll App/Parcels/ParceiReport.aspx?pin=1516-67-4133.000 1/1 } Y t r, ✓ c I- " LIU- D 0" 1 N­ - N"­ � s Meeting +' Date: September .Q' Agenda'City Council e ,; a lSUBJECT TITLE: To approve a Resolution Accepting T-Mobile's "Hometown Techover" Grant Presenter: Mathew Boone Department: Administration Attachment: X Yes No Public Hearing Advertisement Date: Amendment PURPOSE: To authorize the acceptance a $50K "Hometown Techover" grant from T-Mobile. A future technology -based project to use these funds for will be determined in the near future. BACKGROUND: The City applied for a $3 Million T-Mobile grant back in April 2021 that would go towards tech upgrades all over the City. The City learned they were top 10 finalist in June 2021, which guaranteed a grant of $50K towards technology upgrades of our choice. BUDGET IMPACT: $50K will be put into the general fund for future use. RECOMMEN DATIONIACTION REQUESTED: Motion to approve Resolution and Budget Amendment to accept the T-Mobile grant funds, -� north caroling IUL)UNN city of dunn POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 25335 (910) 230-3500 • FAX (910) 230-3590 www.dtinn-lic.org A RESOLUTION BY THE CITY OF DUNN AGREEING TO ACCEPT T-MOBILE TECHNOLOGY GRANT Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Cluck Turnage City Manager Steven Neuschafer WHEREAS, the governing body of the City of Dunn desires to proceed with accepting grant funds from T-Mobile for the purpose of improving technology within the City. WHEREAS, this action will save the city $50,000 on technology expenses. WHEREAS, this action will provide funds allowing the city to proceed with upgrades to our City's technology that would otherwise not be possible. WHEREAS, the governing body of the City of Dunn authorizes the Mayor and the City Manager to sign all documents relating to the grants. THEREFORE BE IT RESOLVED this Resolution will become part of the official minutes of the City Council meeting held on September 14, 2021. ADOPTED BY THE CITY COUNCIL OF DUNN THIS 1411 DAY OF SEPTEMBER 2021. ATTEST: Tammy Williams, CMC City Cleric William P. Elmore Jr. Mayor ml�ere wmm�nc' mortfers < \{\ ® ){) \,E \ | \\\` # # \\\� ){) \�{ �... ` 2F] ! _ Fr \\{ }\ DUNN " ® DuNN7Services All-America City d� ' n , 11111.1 Cif Council Agenda For_ 1111. Meeting Date: September 1, 2021 1989 * 2013 SUBJECT TITLE: Approval of Engineering Services Agreement and Grant Administratio Agreement for CDBG-I Collection System Rehabilitation Project Presenter: Heather Adams, Director fj Department: Public Utilities Description: Letter of Intent, Affidavits, Engineering Attachment: XYes No Services Agreement, Grant Administration Services Agreement, and Maps Public Hearing Advertisement Date: PURPOSE: To approve the Engineering Services Agreement and Grant Administration Services Agreement for the CDBG-I Collection System Rehabilitation Project. BACKGROUND: The City was awarded a $2 Million CDBG-I collection system rehabilitation project to replace/rehab approximately 13,625 LF of sewer line and 56 manholes with the goal of eliminating inflow and infiltration and reducing the possibility of future overflows. Requests for Letters of Interest and Statement of Qualifications was duly published on May 18, 2021 in order to select an engineering firm. The City received a total of three (3) Statement of Qualification for Engineering and Design Services. Of those received, City Staff reviewed and scored each using the same criteria for comparison. WithersRavenel received the highest collective score and therefore Staff is recommending that the City move forward with WithersRavenel for the engineering services. Requests for Proposals (RFPs) for Grant Administrator Services was duly published on May 18, 2021, where by the City received one (1) proposal. The RFP was published again on June 29, 2021 where by the City received four (4) proposals. Of those received, City Staff reviewed and scored each using the same criteria for comparison. WithersRavenel received the highest collective score and therefore Staff is recommending that the City move forward with WithersRavenel for the Grant Administration Services. BUDGET IMPACT: $1,999,129 grant with no matching funds. Both, engineering and grant administration costs are reimbursable through the grant. Engineering budget is $354,694 and Grant Administration budget is $123,100. RECOMMENDATION/ACTION REQUESTED: Motion to authorize City Manager Neuschafer to execute an Engineering Services Agreement and a Grant Administration Services Agreement with WithersRavenel for professional services related to the CDBG-I Collection System Rehabilitation Project. 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BISER Secretary SHADI ESJW Director August 23, 2021 Mn Steve Neuschafer, City Manager City of Dunn P.O.Box 1065 Dunn, North Carolina 28335 SUBJECT: Letter of Intent to Fund November 2020 Application Cycle Dunn CDBG-I Sewer Rehabilitation/Replacemem Project CDBG-I Number:16-I-3156 and 20-1-3606 Dear Manager Neuschafer: As mentioned in your April 2021 award letter, the State Water Infrastructure Authority has funding your project through an initial planning grant and a second larger construction grant. The initial grant is for $108,360 to fund activities needed to get your project into construction, a benchmark called Release of Funds. The second construction grant is for $1,890,769 to fund activities from plans and specifications through construction. The total amount of your grants is $1,999,129 which will rehabilitate/replace approximately 13,625 linear feet of sewer line and rehabilitate/replace 56 manholes with the goal of eliminating inflow and infiltration and reduce the possibility of future overflows, Lines will be rehabilitated without increasing capacity in the following areas 307-500 W. Barrington St,, 1008-1102 N. Fayetteville Ave.; 1009-1010 N. King Ave., 1010 Layton Ave,, 1010-1011 N. McKay Ave,,1107 Unit A N. Railroad Ave„ 1100-1101 N. Wilson Ave., 209-497 Burke St., 203-601 E, Carr St., 103-112 Caswell St., 101-511 E. Cleveland St., 504-603 N. CIinton Ave., 106-110 Dubois Circle, 516-712 E. Granville St„ 402-711 East Johnson St„ Moore St., 700 Lincoln St,, 504-700 N. Magnolia Ave., 310- 605 E. Townsend St., 901 East Broad St„ 509-901 East Edgerton St., 510-1007 E, Harriett St., Clayton St., E. Surles St., 213 N. Lee Ave., 111-212 N. Sampson Ave., 205-301 N. Washington Ave., 203-213 N. Wiltnington Ave., and 301-403 McNeil Circle. Please note that this intent to fund is contingent on meeting all the following milestones. »— NorthCerollnaDepertmentaFEnvhnnmentalQuality � Dlvislon oFWatertnrraslructure .... _ 612 N.3allsbury Street 11633 Mall5ervlce, Center I Raleigh North Ca 11na27699-1633 oro m ..Q.V /`� 919.707.9160 All Equal Opportunity (hllirmative Action &mpinyer V Equal Noasingopportnnity it Mr. Steve Neuschafor, City Manager City of Drum August 23, 2021 Page 2 of 4 Cquabined Milestones for All Grants Date Attendance at a Mandatory Procurement Workshop 5/5/2021- Completed Attendance at a Mandatory Compliance Workshop — only need to attend one 6/10/21, 6/23/21, or 6130/21 - Completed Attendance at a Mandatory ERR/EID Workshop — only need to attend one 6/11121, 6/24/24, or 6/29/21 - Completed Grant Contract with DWI Executed by all Parties 10/25/2021 Engineering Report Submitted & Received 12/6/2021 Environmental Information Document/Environment Review Record (EID/ERR) and Request for Release of Funds Submitted 3/31/2022* Funding Approval Conditions Submitted & Received 3/31/2022* Engineering Report Approved by DWI 3/31/2022* Environmental Information Doeument/Enviroument Review Record (EID/ERR) and Request for Release of Funds Approved 5/2/2022* Companion Grant Contract Expiration 5/31/2022 Bid and Design Package Submitted & Received 10/21/2022 Bid and Design Package Approved DWI 3/13/2023 Bid Information Submitted (itemized Bid Tabulation, etc.) 6/19/2023 Execute Construction Contracts (Submit e-copies of construction agreement, Notice of Award, Notice of Proceed, Project Schedule 8/7/2023 Grant Contract Expiration (when all construction needs to be complete) 9/20/2024 Final Report and Final Reimbursement Submitted & Received 11/4/2024 Companion Grant Closeout Submitted & Received (closeout package and required documentation) 12/31/2024 Grant Closeout Submitted & Received (closeout package and required documentation) 12/31/2024 Compliance Plans for All Grants Date Adopted Equal Opportunity and Procurement Plan and Policy Submitted & Received 11/18/2021 * Adopted Section 3 Plan (Local Economic Benefit for Low and Very Low-income Persons) Submitted & Received 11/18/2021 * Adopted Language Access Plan Submitted & Received 11/18/2021 * Mr. Steve Neuschafer, City Manager City of Dunn August 23, 2021 Page 3 of 4 Completed Section 504 Self -Evaluation Survey and Adopted 11/18/2021 * Grievance Procedures Submitted & Received Adopted Residential Anti -Displacement and Relocation 11/18/2021* Assistance Plan Submitted & Received Adopted Code of Conduct / Conflict of Interest Policy Submitted 11/18/2021* & Received Adopted Citizen Participation Plan Submitted & Received 11/18/2021* Adopted Excessive Force Provision Submitted & Received 11/18/2021* Adopted Code of Conduct / Conflict of Interest Policy Submitted 11/18/2021* & Received Adopted Equal Housing Opportunity & Affirmatively Furthering 3/28/2022* Fair Housing Plan & Policy Submitted & Received *Wlien submitting these Items, please submit typo copies. One for the initialplanning grant and the otherfor the construction granifrles. The first three inilestones were attendance at the mandatory workshops presented by the Division of Water Infrastructure. According to our records, the City attended these workshops and met these obligations. For your immediate action, two copies of each Grant Contract are enclosed. No finds may be obligated or expended in any project activity until the Grantee and Grantor signs and dates the Grant Contract. It is highly recommended to have the City's Attorney review the Grant Contracts prior to signature. Please sign all the grant contracts and return two contract Mr. Steve Neusohafer, City Manager City of Dunn August 23, 2021 Page 4 of As mentioned in your award letter and at the May Stt' procurement training, you should have beguri procurement of grant administrator and the engineering firm that will work on your project. These entities must be procured using our CDBG-I program procurement policy. We took forward to working with you on this important project. Please call Colleen Simmons at 919.441-9378 or via email at colleen simmons&cdem.gov if you have any questions. Sincerely, Sbadi Eskaf, Director Division of Water Infrastructure Attachments co: Heather Adams, Public Utilities Director Amanda Whitaker, WithersRavenel Stephanie Morris, CDBG l Colleen Simmons, CDBG-I CDBG-Infrastructure file (General File) AFFP RFQ-CDBG-1 Affidavit of Publication STATE OF NC) SS COUNTY OF HARNETT ) The Undersigned, being duly sworn, says: That she Is Representative of the The Dally Record, a daily newspaper of general circulation, printed and published in Dunn; Harnett.County, NC; thatthe publication, a copy of which Is attached hereto, was published in the said newspaper on the following dates: May 18, 2021 This newspaper is qualified for legal advertising In accordance with N.C,G.S.1-597 AND 1-598 _ 'i hat said newspaper was regularly issued and circulated on those dates. — Representative Subscribed to and sworn to me this 18th day of May 2021. , Harnett County, NO My commission expires: July 23, 20�8 rANTjti'''. 00032194 00057307 Classifleds/Legale CITY OF DUNN PO BOX 1065 !DUNN, NO 28335 �Q-o \Di.No...Hoeg 0" s m`a .6r%OTARY s i yPUt31\Ssr= "'y � � r9Ssrp,eyPav'. ''per rrunr,�n City of Dunn Request for Qualifications and Request for Proposals The City of Dunn has resolved a Community Development Block Gront- Infrastructure (CDBG-I) award divided Into two funding pads by the North Carolina Department of Environmental Quality (NCDEQ) for the rehabilitation/replacement of approximately 13,625 Linear Feat of sewer line and whabllitaflon/repiacemenl of approximately 56"manholes. The Initial grant is in the amount of $108,360 and shall be used to fund activities prior to the construction phase. The second grant is In the amount of $1,890,769 and shall be used to,fund activities through final construction. The Clty of Dunn is soliciting proposals for grant administration and qualifications for professional onglneering services to assist the City of Dunn In the: administration of the grant; and developing a final engineering report, and subsequent engineering design and bid package services and construction Inspection services once release of funds is received, All work for this project will be conducted to ensure compliance with all applicable federal requirements and regulations under the CDBG-I program. The fee for grant administration services/grant management will be paid with CDBG-I funds. Engineering payment terms will he negotiated with the selected firm. The fee for professional engineering services will be paid with CDBG funds. Copies of the detailed request for qualifications (RFQ) and request for proposals (RFP), including a description of the services to be provided by respondents, the minimum content of responses, and the factors to be used to evaluate the responses, can be obtained by contacting Heather Adams, Dunn Public Utilities Director at (910) 766.0997. The above information should be submitted no later than 3:00 pm on dune 18, 2021, City of Dunn Administrative Offices 401 East Broad Street Dunn, NO 28334. For more information, contact Tammy Williams, Dunn City Clerk at (910)230-3501. The City of Dunn Is an Equal Opportunity Employer and invites the submission of proposals from small and minority and women -owned firms, historically underutilized businesses, and certliledt registered Section 3 businesses concerns. This Informallon Is available in Spanish or any other language upon request. Please contact Tummy Williams at (910)230-3501 or at 401 East Broad Street Dunn, NC 28334 for accommodations for this request. Este Informacidn estd disponible an espahol o on cumquler otro Idioma bale peticl6n. Par favor, pbngase an contacts con Tammy Williams at (910)230-3501 0 on 401 East Broad Street Dunn, NO 28334 de alojamlonto Para esta sollellud. Date: May 18, 2021 Authorized Representative: Steven Neuschater, City Manager NORTH CAROLINA Cumberland County AFFIDAVIT OF PUBLICATION commissioned and authorized to administer oaths, affirmations, etc., personally appeared. SANDY FLANARY Who, being duly sworn or affirmed, according to law, doth depose and say that he/she is a LEGAL SECRETARY of DS North Carolina Holdings, Inc., a corporation organized and doing business under the Laws of the State of Delaware, and publishing a newspaper known as the FAYETTEVILLE OBSERVER, in the City of Fayetteville, County and State aforesaid, and that as such he/she makes this affidavit; that he/she is famillor with the books, files and business of said Corporation and by reference to the files of said publication the attached advertisement of CL Line REQUEST FOR PROPOSALS-13,625 LINEAR FT. OF SEWER LINE of CITY OF DUNN was insetted in the aforesaid newspaper In space, and on dates as follows: 6/29/2021 and at the time of such publication The Fayetteville Observer was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G,S. of N.C. �h"" The above is correctly copied from the books and files or the aforesaid corporation and &ublication. n / Cumberland County, North Carolina Sworn or affirmed to, and subscribed before me, this 20 day July, A.D., 2021. In Testimony Whereof, I have hereunto set my hand and affixed my W seal, the day and year aforesaid, My commission expires 6th day of December, 2026. MAIL TO: CITY OF DUNN PO BOX 1065 DUNN, NO 28336 0005249034 40 WithersRavenet lipOur People. Your Success. September 2, 2021 City of Dunn P.O. Box 1065 Dunn, North Carolina, 28335 Attn: Steven Neuschafer RE: WR Project 06190851.06 Agreement for Professional Services City of Dunn CDBG-I Engineering Services Dear Mr. Neuschafer: WithersRavenel is pleased to provide this Agreement for Professional Services to the City of Dunn for the Dunn CDBG-I Sewer Rehabilitation project. If you have any questions or concerns about the agreement, please do not hesitate to call me at the number listed below. Sincerely, WithersRavenel Leonard McBryde III, PE Senior Project Manager 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office:910.256,9277 1 Direct:91.9.238.0424 Mobile: 984.365.0528 Imcbryde@witilersraveiiel.com Attachment: Agreement for Professional Services 219 Station Road, Suite 1011 Wilmington, NC 28405 910.256.9277 ( Fax: 919.467.6008 1 www.withersravenel.com I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington 40 VVithersRavenel 160 Our People. Your Success. City of Engineering Services •:. • • •:. A. Project Description The City of Dunn (herein referred to as "CLIENT') has received a Community Development Block Grant Infrastructure Grant (CDBG-I) from the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) in the amount of $1,999,129 for the rehabilitation/replacement of approximately 586 LF of 12-inch Gravity Sewer Mains, 2756 LF of 10-inch Gravity Sewer Mains 10,283 LF of 8-inch Gravity Sewer Mains and 56 Manholes. Grant Administration services for compliance of the CDBG-I program are being offered under separate contract by WithersRavenel (herein referred to as "CONSULTANT'). The funding program requires projects to be awarded for construction within 24 months of the date of the Letter of Intent to Fund (LOIF). Specific milestones related to the Engineering Services are as follows: a ® e 10. - Grant Contract with DWI Executed by all Parties 10/25/2021 Engineering Report Submitted and Received by DWI 12/06/2021 Environmental Review Record (ERR) and Request for Release 03/31/2022 of Funds (RROF) Submitted to DWI Funding Approval Conditions Submitted to DWI 03/31/2022 Engineering Report Approved by DWI 03/31/2022 Environment Review Record (ERR) and Request for Release of 05/02/2022 Funds (RROF) Approved by DWI Companion Grant Contract Expiration 05/31/2022 Bid and Design Package Submitted and Received by DWI 10/21/2022 Bid and Design Package Approved by DWI 03/13/2023' Bid Information Submitted (Itemized Bid Tabulation, etc.) to 06/19/2023 DWI Executed Construction Contracts (Submit e-copies'I of Construction Agreement, Notice of Award, Notice to Proceed 08/07/2023' and Project Schedule) Grant Contract Expiration Date 09/20/2024 Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 1 of 13 40 U1lithersRavenel lipOur Pea Pie. Your Success. Final Report and Final Reimbursement Submitted and 11/04/2024 Received by DWI Grant Closeout 12/31/2024 Engineering services to be provided include an engineering report as part of the CDBG-I grant budgeted administration line item, and engineering services including surveying, design/bid package, permitting, bidding, construction administration and observation as part of the CDBG-I grant budgeted engineering, surveying, permitting, and construction line items. Scope and costs of each are shown as separate costs in the contract. Task 1, Engineering Report (ER) shall occur prior to the release of CDBG-I funds and funding conditions. Tasks 2 - Due Diligence/Project Management, Task 3- CCTV and Manhole Assessments, Task 4 - Survey and SUE, Task 5 - Design, Task 6 - Bidding Phase, Task 7 - Construction Administration and Task 8 - Construction Observation shall be contingent upon the release of CDBG-I funds and funding conditions and shall not occur until such release from DWI. B. Scope of Services Task 1 -- Engineering Report A. CONSULTANT will review provided project information from the CLIENT, the grant application, grant award, grant budget and develop a basis of design for the project conforming to the NCDWI CDBG-I grant award and conditions. B. CONSULTANT will attend one (1) kickoff meeting/site visit with the CLIENT to discuss the project and preparation of the ER. C. CONSULTANT will prepare the ER in accordance with the "Guidance for the Preparation of Engineering Reports and Environmental Information Documents for Collection System Projects" as published by NCDWI which will include the following information: ® Executive Summary ® Current/Future Situation ® Need and Purpose ® Alternative Analysis (Alternative Description/Present Worth Analysis) t Proposed Project Description t, Financial Analysis D. CONSULTANT will submit the ER to the NCDWI for review by in accordance with the grant agreement schedule. E. CONSULTANT will incorporate NCDWI review comments and resubmit to NCDWI for approval in accordance with the grant agreement schedule. F. CONSULTANT will furnish one (1) copy (Hardcopy or Digital) the approved ER to the CLIENT. Task 2 _ Due Diligence / Project Management A. Evaluate available documentation of the sanitary sewer system including previously collected CIS data, CCTV data, manhole assessment data, and previous studies. Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 2 of 13 40 WithersRavenel lipOur People. Your Success. B. Perform a site visit documenting the existing field conditions, degree of sedimentation in line, identify any constructability issues, verify measurements pertaining to rehabilitation or replacement quantities, determine requirements related to service line reinstatements, and note any project requirements. C. Prepare maps and worksheets to facilitate the necessary fieldwork and data gathering related to the project. D. Schedule a kickoff meeting with CLIENT to determine the acceptable methods of rehabilitation or replacement, determine the availability of needed data, determine the availability of CLIENT specifications and construction details, and develop a project schedule for construction. E. Manage the project by keeping the CLIENT regularly informed of progress, providing over- sight of the production tasks, and managing the monthly billing and invoicingfor the project. Trask 3 - Closed-circuit `television Video and Manhole Assessments CONSULTANT will provide the following Closed -Circuit Television Video (CCTV) and Manhole Assessments tasks. A. Perform CCTV assessment of the sewer system to verify connectivity and the existence/location of any active service laterals. B. Perform manhole assessments of affected manholes in accordance with Level I Manhole Assessment Certification Program (MACP) standards. C. CONSULTANT will provide the CCTV and manhole assessments using a subconsultant selected for the services that will develop National Association of Sewer Service Companies (NASSCO) standard reports. D. Review of analyze footage of reports. Task 4 - Survey and SUE A. CONSULTANT will perform a locate survey along the Project route to establish sewer layout and to pick up manhole depth and location of all pertinent planimetric features and field markings provided by CONSULTANT's Subsurface Utility Engineering (SUE) staff. The survey will be an approximate 50-foot corridor along the centerline of the existing sewer line. The survey will utilize unmanned aerial system (UAS) technologies as well as traditional survey methodologies to complete the field work. All surveys will be based on North American Datum (NAD) 1983 State Plane Coordinates and will be listed on plan sheets. Dye -testing will be performed, if necessary, to confirm system connectivity in locations where such connectivity is not shown in the CLIENT's GIS dataset. Manhole surveys will include determining the diameter and material of those pipes seen in the structure. B. CONSULTANT will perform a topographic survey along the Project route to establish the profile and to pick up manhole rim and invert information, ground elevation interval elevations and location of all pertinent planimetric features and field markings provided by CONSULTANT's SUE staff. The survey will be an approximate 50-foot corridor along the centerline of the existing sewer line. The survey will utilize UAS technologies as well as traditional survey methodologies to complete the field work. All surveys will be based on NAD 1983 State Plane Coordinates and will be listed on plan sheets. Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 3 of 13 40 WithersRavenel 109 our People. Your Success, C. Horizontal locations will be based on NC State Grid, NAD'83 (2011) and Vertical control will be based on North American Vertical Datum (NAVD)'88. D. CONSULTANT will prepare any needed easement plats for purchase and recordation. E. If Needed Per CCTV Analysis I. Perform Level B SUE field investigation using Electromagnetic (EM) and Ground Penetrating Radar (GPR) to designate utilities along the project corridor(s). Mark all utilities in accordance with American Public Works Association (APWA) guidelines using marking paint and/or pin flags. Provide a detailed sketch to the survey crews to use as a reference while locating all the Level B SUE paint. This information will be incorporated into project drawings as needed. ii. Perform Level A SUE (test holes by vacuum excavation) to determine information such as size, depth, and material on critical utilities. All test hole locations will be conventionally surveyed and incorporated into project drawings. Appropriate traffic control measures will be used where required. This Agreement assumes ten (10) test holes and 40 hours of traffic control. III. Remaining critical utilities (water, storm drains, gas, electric, etc.) within the Project area will be surveyed as needed to determine their location (XYZ) to horizontal and vertical accuracy of Class A survey. 'ask 5 - Design Based on the data and other information developed as part of the preceding Tasks, CONSULTANT will perform the design services that include the following sub -tasks. A. CONSULTANT will conduct a review of compiled data including the CCTV footages, manhole assessments, mapping, surveys, and SUE. B. CONSULTANT will evaluate collected data to determine appropriate methods of manhole and pipeline replacement or rehabilitation. The preferred method of rehabilitation will be Cured -In -Place Pipe (CIPP) combined with some point repairs and in the event the revealed defects indicate that CIPP is unsuitable, other methods of rehabilitation will be utilized including dig -and -replace, cured -in -place liners, slip lining, pipe bursting [High Density Polyethylene (HDPE), Polyvinyl Chloride (PVC) and/or Ductile Iron (DI)j as well as cementitious lining and high-performance coatings for manhole rehabilitations. C. CONSULTANT will consider the necessary logistics for maintaining water and sewer service to minimize interruption to service. D. Once the above has been completed, CONSULTANT will meet with the CLIENT to discuss the design and construction approach options identified with a goal of determining the design approach on which to develop the drawings. E. CONSULTANT will prepare plans and specifications for the PROJECT. The following subtasks will be completed by the CONSULTANT: 1. Design a. Prepare 60% Plans/Technical Specification Table of Contents, 90% Plans/Technical Specifications, and Final Plans/Technical Specifications for the PROJECT. The CLIENT will provide review comments at each stage. Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 4 of 13 410 WithersRavenel NOOur People. Your Success. L 60% Plans/Technical Specification Table of Contents: Plans will include a cover, general notes, plan sheets, project -specific details and standard project details. ® 90% Plans/Technical Specifications: Contract Documents reflecting review comments in the 60% stage from the CLIENT. h Final Plans/Specifications: Contract Documents reflecting review comments in the 90% stage from the CLIENT. b. The CONSULTANT will attend one (1) review meeting after the 60% submittal and one (1) review meeting after the 90% submittal with the CLIENT. The CONSULTANT will prepare meeting summaries. F. Submittal to DWI a. Upon approval by the CLIENT, the CONSULTANT will submit final Plans/Technical Specifications to DWI for approval. b. The CONSULTANT will address and incorporate review comments from DWI and re- submit to DWI for final approval. G. Opinion of Construction Cost (OCC) a. The CONSULTANT will prepare and submit to the CLIENT OCC for the PROJECT based on the plans and specifications at the 60% and Final submittals. E. CONSULTANT will coordinate design efforts with NCDOT with the goal of expediting the permit approvals necessary for the installation. Task 6 - Bidding Phase Upon receipt of written authorization from the CLIENT, CONSULTANT will perform the bidding services that include the following sub -tasks. This Task assumes a single bid process. Additional and/or multiple bids shall be considered Additional Services. A. Bid Advertisement 1. CONSULTANT will assist the CLIENT in advertising the Project for competitive formal bids. This will include preparing the "Notice to Bidders" for use by the CLIENT for advertising in local newspapers, plan rooms, and the CLIENT's website. 2. CONSULTANT will provide CLIENT electronic copies of construction documents for advertisement and bidding. B. Pre -Bid Meeting 1. CONSULTANT will conduct a Pre -Bid Meeting with CLIENT, NCDWI, prospective bidders, and material suppliers. CONSULTANT will prepare the agenda, take notes, and prepare a summary report of the meeting for distribution. 2. CONSULTANT will manage the project addendums. After the Pre -Bid meeting, CONSULTANT will issue an Addendum with the Pre -Bid Meeting Summary. During the bidding phase, CONSULTANT will issue additional addenda as deemed necessary by CONSULTANT and/or the CLIENT. C. Bid Opening Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 5 of 13 410 WithersRavenel WoOur People. Your Success. 1. CONSULTANT will attend the bid opening, prepare the bid tabulation documents, open bids and read into record as well as discuss the bid results with the CLIENT. 2. CONSULTANT will tabulate the bids and issue an opinion to the CLIENT as to the responsible low bidder for the project. Task 7 m Construction Administration As construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the engineering standards for the Project and shall not give rise to a claim against a contractor's failure to hold in accordance with the applicable plans, specifications or standards. A. Execution of the Construction Contract CONSULTANT will assemble the contract documents for and assist the CLIENT with the execution process between the Contractor (Contractor) and the CLIENT. B. Pre -Construction Conference CONSULTANT will attend a Pre -Construction Conference. At the pre -construction conference, procedural guidelines and specific Project requirements will be discussed with the Contractor, Among the items to be addressed are correspondence distribution, shop drawing and scheduling procedures, Notice -to -Proceed date, critical schedule requirements, payment procedures, staging areas, emergency procedures, survey control requirements, quality control procedures and requirements, and coordination with quality assurance testing. CONSULTANT will prepare and provide a meeting summary to the CLIENT and the Contractor. The Contractor shall be responsible to provide its Sub - Contractors with the meeting summary(s). C. Construction Contract Administration CONSULTANT will act on behalf of the CLIENT and act as its representative during the estimated 240 calendar day construction period. CONSULTANT will provide contract administration required for the Project, including: Carry out the duties and responsibilities as CONSULTANT as stated in the General Conditions and Supplemental Conditions of the construction contract; on behalf of the CLIENT, CONSULTANT shall administer the construction contract, respond to Contractor correspondence, issue instructions from the CLIENT, and maintain a complete document file for the Project. Documents to be maintained include, but are not limited to correspondence, quality control procedures, daily observation records, shop drawing schedule, shop drawing and submittal log, change orders, scheduling, Project meetings, costs and disbursement data, and progress reports. CONSULTANT will supervise and manage the work performed by the Resident Project Representative (RPR) during construction. D. Progress Meetings/Site Visits During the estimated construction period, CONSULTANT will hold monthly progress meetings from Notice -to -Proceed through Substantial Completion. In these meetings, the CLIENT, CONSULTANT, and the Contractor will address such items including but not Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 6 of 13 1419 WithersRevenel VAP Our People. Your Success. limited to schedules, coordination problems, design issues, construction issues, pending change orders, outstanding shop drawings and other submittals, procurement delays, material or construction issues, and other issues related to completion of the Project. Based on on -site observations by CONSULTANT and RPR, CONSULTANT will keep the CLIENT informed of the progress of the work and may recommend to the CLIENT to disapprove or reject work that does not to conform to the Contract Documents. E. Shop Drawing and Submittals Review CONSULTANT will review and respond to Shop Drawings and submittals which the Contractor is required to submit for conformance with the design concept and compliance with the information given in the Contract Documents; CONSULTANT will transmit one copy (Hardcopy or Digital) of shop drawings to the CLIENT with written comments. Included in the shop drawing review is the assessment of alternates proposed by the Contractor. Alternate requests will be reviewed for conformance with the Contract Specifications. This subtask assumes the review and response to up to ten (10) sets of Shop Drawings and up to two (2) reviews and responses to other submittals. F. Review Pay Requests Based on the on -site observations, information provided by the RPR, and review of the applications for payment and the accompanying data and schedules, CONSULTANT will assess the percentage of Project completion by the Contractor and recommend payments to the Contractor in the appropriate amount. By recommending payment, CONSULTANT shall not thereby be deemed to have represented those observations made by CONSULTANT 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 have involved detailed inspections of the Work beyond the responsibilities specifically assigned to CONSULTANT in this Agreement. Neither CONSULTANT's review of Contractor's Work for the purposes of recommending payments nor CONSULTANT's recommendation of any payment including final payment will impose on CONSULTANT 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. G. Change Orders and Time Extensions CONSULTANT will provide contract administration services in connection with changes to the construction contract that reflect minor changes or deletions requested by the CLIENT, CONSULTANT, or the Contractor. CONSULTANT will maintain a listing of additional costs and credits as a result of change orders. CLIENT agrees to review change orders prepared by CONSULTANT and issue a directive on its opinion of the change order in writing. Larger changes or claims asserted by the Contractor and/or redesigns, analyses, or evaluation that are beyond the scope of this Scope of Services or required through no fault of CONSULTANT, requested by the CLIENT or Contractor, shall be considered Additional Services. H. Final Walk -Through and Certification Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 7 of 13 400 WithersRavenel NOOur People. Your Success. CONSULTANT will conduct a walk-through review with the Contractor and the RPR to determine if the Project has reached substantial completion and prepare a punch list of work items needed to meet final completion. Afterthe Contractor has addressed the items in the punch list, CONSULTANT will conduct one final walk-through review to determine if the work is acceptable and is in substantial conformance with the drawings and specifications to the best of CONSULTANT's knowledge. Once CONSULTANT and CLIENT deem the work to be acceptable and in substantial conformance with the drawings and specifications (to the best of CONSULTANT's knowledge), CONSULTANT can provide written notice of such to the CLIENT. Additionally, CONSULTANT can recommend final payment to Contractor as appropriate. Additionally, CONSULTANT can certify that the Project was built within substantial conformance with the drawings and specifications (to the best of CONSULTANT's knowledge), but only if: @ CONSULTANT has been allowed to observe construction activities, startup, and testing which he deems appropriate. @ CONSULTANT determines that his observations support that the construction was carried out satisfactorily. @ Known nonconforming construction has been satisfactorily corrected. I. Prepare Record Drawings Using redline drawings, construction survey, and other information prepared by the Contractor and the RPR, CONSULTANT will prepare Record Drawings for the Project and submit one (1) copy (Hardcopy or Digital) to CLIENT. J. Standards of Performance @ CONSULTANT shall not at any time supervise, direct, control, or have authority over any Contractor's work, nor shall CONSULTANT have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Contractor to comply with Laws and Regulations applicable to that Contractor's furnishing and performing of its work. CONSULTANT shall not be responsible for the acts or omissions of any Contractor. @ CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's, failure to furnish and perform the Work in accordance with the Construction Contract Documents. CONSULTANT shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by CONSULTANT or its CONSULTANTS. K. Post -Construction Phase Upon written authorization from CLIENT during the Post -Construction Phase, CONSULTANT shall: @ Together with CLIENT, 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 CLIENT in Town of Dunn CDBG-1 Engineering Services WR Project No. 06190851.06 Page 8 of 13 40 WithersRavenel lipOur People. Your Success. consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. Together with CLIENT, 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. Task ° - Construction Observation A. Resident Project Representative CONSULTANT can provide Resident Project Representative (RPR) as an optional service to the CLIENT. The duties are as follows: ® Observe the if the construction is proceeding according to the Drawings and Specifications. b Document the work in daily field observation reports. Document weather conditions as well as the ability of the Contractor to perform the work. ® The Task assumes that full time observation will be required during most of the project and for critical stages. Non -critical stages of construction that include activities such as clearing, stripping, erosion and sediment control, miscellaneous grading, and seeding, when only periodic observation may be warranted. 6 The effort for this Task is based on a forty (40) hour work week, Monday through Friday for the estimated 240 calendar day construction period. If the Contractor desires to work more than forty (40) hours per week and/or on weekends, the additional RPR effort and expenses shall be considered additional services. E CONSULTANT has no control over inclement weather, the sequence, productivity, and, most importantly, the timing with which the Contractor will complete the work, and thus the number of field observation hours may differ from the hours estimated. CONSULTANT will only be paid for the actual number of RPR hours worked. A day- by-day log will be Kept of RPR hours so that the CLIENT can track the expenditure of these hours. If conditions of the Contract or the scope of the work defined in the Contract between the Contractor and the CLIENT is modified, such that the contract time is extended, then CONSULTANT reserves the right to negotiate an increase in the budget for this task. If, through no fault of CONSULTANT, such periods of time or dates are changed, or the orderly and continuous progress of CONSULTANT's services is impaired, or CONSULTANT's services are delayed or suspended, then the time for completion of CONSULTANT's services, and the rates and amounts of CONSULTANT's compensation, shall be adjusted equitably. C. Additional Services Services that are not included in the Scope of Services or are specifically excluded from this Agreement shall be considered Additional Services. CONSULTANT will furnish or obtain from others Additional Services if requested in writing by the CLIENT and accepted by CONSULTANT. Additional Services shall be paid by the CLIENT in accordance with the Fee & Expense Schedule outlined in Exhibit H. Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 9 of 13 40 WithersRavenel lipOur People. Your Success. Surveying and SUE Services other than specified 9 Boundary Surveying I> Construction Staking Archeological Assessments f State Historical Preservation Coordination 6 Individual 404 Permit Application b Material Testing D. Client Responsibilities During the performance of CONSULTANT's services under this Agreement, the Client will: C Designate a person to act as the CLIENT's representative with respect to the work to be performed under the Agreement. Such person shall have the authority to transmit instructions, receive information, and interpret CLIENT policies. Provide any information needed not specifically addressed in the Scope of Services. 6 Provide all available information pertinent to the Project, including any GIS information, reports, maps, drawings, and any other data relative to the Project. k Examine all proposals, reports, sketches, estimates and other documents presented by CONSULTANT and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of CONSULTANT. Is Give prompt written notice to CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the Project; and i Handle matters requiring an attorney at law. Any changes to the Project after CONSULTANT have begun work may require additional fees. E. Compensation for Services A. Lump Sum Fee CONSULTANT proposes to provide the Scope of Services previously outlined on a lump sum fee basis with a budget as described in the following table. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. Engineering Report $22500 2 Due Diligence / Project Management $20,172 3 CCTV & Manhole Assessments $63 250 I 4 Survey and SUE $26,400 5 Design $76,750' 6 Bidding Phase $9,016 7 Construction Administration $56 606 Total $274,694 Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 10 of 13 410 WithersRavene! NOOur People. Your Success, 1. CONSULTANT may alter the distribution of compensation to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the CLIENT. 2. The Lump Sum includes compensation for CONSULTANT's services. Appropriate amounts have been incorporated in the Lump Sum to accountfor labor costs, overhead and profit. 3. CONSULTANT will bill the CLIENT for subcontract expenses based on the unit prices charged for each class of work that has been accepted plus 15%. 4. The portion of the Lump Sum amount billed for CONSULTANT's services will be based upon CONSULTANT's estimate of the percentage of the total services completed during the billing period. B. Hourly Fee CONSULTANT proposes to provide the Scope of Services previously outlined on an hourly basis of approximately $110 per hour with an estimated budget as described in the following table, plus expenses. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. 1. CLIENT shall pay CONSULTANT for Basic Services by an amount equal to the cumulative hours charged to the Project by each class of CONSULTANT's personnel times Standard Hourly Rates (see Exhibit II) for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and CONSULTANT's charges, if any. 2. CONSULTANT may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services rendered but shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. 3. The Standard Hourly Rates charged by CONSULTANT constitute full and complete compensation for CONSULTANT's services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or CONSULTANT's CONSULTANTS' charges. 4. CONSULTANT's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to CONSULTANT under the Agreement. 5. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to CONSULTANT that the total compensation amount thus Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 11 of 13 40 ln/ithersRavenel Our People. Your Success. estimated will be exceeded, CONSULTANT shall give CLIENT written notice thereof, allowing CLIENT to consider its options, including suspension or termination of CONSULTANT's services for CLIENT's convenience. Upon notice, CLIENT and CONSULTANT promptly shall review the matter of services remaining to be performed and compensation for such services. CLIENT shall either exercise its right to suspend or terminate CONSULTANT's services for CLIENT's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by CONSULTANT, so that total compensation for such services will not exceed said estimated amountwhen such services are completed. If CLIENT decides not to suspend CONSULTANT's services during the negotiations and CONSULTANT exceeds the estimated amount before CLIENT and CONSULTANT have agreed to an increase in the compensation due CONSULTANT or a reduction in the remaining services, then CONSULTANT shall be paid for all services rendered hereunder. C. Fee Summary F. Timeline for Services The professional services described herein shall be completed and submitted per the milestones set by CDBG-I "Letter of Intent to Fund" referenced in Section A of this document and within a timeframe mutually agreed upon between the CLIENT and CONSULTANT. G. CDBG Contract Terms and Conditions This Agreement is subject to and incorporates the provisions attached hereto as Attachment A: CDBG Contract Provisions, Terms, and Conditions. Town of Dunn CDBG-I Engineering Services WR Project No. 06190851.06 Page 12 of 13 40 WithersRavenel Our People. Your Success. H. Acceptance Receipt of an executed copy of this agreement will serve as the written agreement between CONSULTANT and CLIENT for the services outlined. Submitted by Consultant: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 2 51 Eason y signed by Kevin Eason Data: 2021.09.02 15:00:14-04'00' Authorized Signature Keyin FasQn PE Printed Name Department Head, Utilities Title 9/2/2021 Date ATTEST: (Signature) (SEAL) Accepted by Client: City of Dunn P.O. Box 1065 Dunn, North Carolina, 28335 Authorized Signature Printed Name Title Date (Printed Name of Clerk) (Date) PRE -AUDIT CERTIFICATION: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act (N.C.G.S. 159-28(o)). (Signature) (Printed Name of Finance Officer) ATTORNEY CERTIFICATION: Approved as to Form and Legal Sufficiency: (Signature) (Printed Name of Attorney) ATTACHMENTS: Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Attachment B - CDBG Local Low -Income Resident and Business Plan (Section 3 Plan) Attachment C - E-Verify Affidavit Exhibit I - WithersRavenel Standard Terms and Conditions Exhibit II - WithersRavenel Fee & Expense Schedule (Date) (Date) Town of Dunn CDBG-I Engineering Services WR Project No, 06190851.06 Page 13 of 13 40, WithersRavenel lipOur People. Your Success. ATTACHMENT A CDBG CONTRACT PROVISIONS, SUPPLEMENTARY TERMS, AND CONDITIONS i�I W9y_-11UWDIulN111y9IT01TA6310P►/_1010147u110/e11lEelORN019➢I101E1OR As stated in 2 CFR Appendix It to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as may be appropriate. All contracts more than $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Termination for Cause: Event of Default a. CLIENT may terminate contract with written notice of violation or breach of contract provided, however, that no such violation shall occur until the CLIENT has been given written notice of the breach and thirty (30) days to cure have elapsed. b. CLIENT may terminate contract for default in performance provided, however, that no such default shall occur until the CLIENT has been given written notice of the default and 30 days to cure have elapsed c. CLIENT may terminate contract for misrepresentation if any representation or warranty made by the CONSULTANT in connection with the Contract or any information, certificate, statement, or report heretofore or hereafter made shall be untrue or misleading in any material respect at the time made. Remedies: If an Event of Default shall occur, the CLIENT shall have the following rights and remedies, which are exercisable at the CLIENT's sole discretion, and are cumulative, concurrent, and independent rights a. In the event that the CLIENT finds that it is inadvisable or impossible to continue the execution of the project; or if CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement; or, if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Agreement; or if CONSULTANT becomes subject to a voluntary or involuntary adjudication of bankruptcy or makes a general assignment for the benefit of creditors; then the CLIENT has the right to terminate at any time this Agreement or any task or phase of work being performed herein by providing thirty days written notice to CONSULTANT of such termination and specifying the effective date of such termination; provided, however, that during such period of thirty (30) days CONSULTANT shall have the opportunity to remedy such failures or violations to avoid such termination. b. In the event of termination, as provided herein, CONSULTANT shall be paid for all services performed and actual expenses incurred up to the effective date of the termination of services and any fees or expenses post termination effective date that may be incurred associated with transitioning the work to the CLIENT or the CLIENT'saffiliate. 2. CONFLICT OF INTEREST (2 CFR PART §200.318 GENERAL PROCUREMENT STANDARDS): INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF THE RECIPIENT, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 1 of 11 40 WithersRavenel Our People. Your Success. No member, officer, or employee of the CLIENT, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The CLIENT and CONSULTANT shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. 3. INTEREST OF CONSULTANT AND EMPLOYEES The CONSULTANT covenants that they presently have no interest and shall not acquire interest, direct or indirect, in the project areas or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. 4. NONDISCRIMINATION CLAUSE - SECTION 109, HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 5. AGE DISCRIMINATION ACT OF 1975, AS AMENDED - NONDISCRIMINATION ON THE BASIS OF AGE No qualified person shall, based on age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program of activity which receives or benefits from Federal Financial assistance. 6. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED - NONDISCRIMINATION ON THE BASIS OF HANDICAP/DISABILITY No qualified disabled/handicapped person shall, based on disability/handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. SECTION 3 CLAUSE- COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES (24 CFR 135.38) All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 2 of 11 WithersRavenel Our People. Your Success. be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONSULTANT agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The CONSULTANT agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135, The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The CONSULTANT will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. SECTION 3 CLAUSE- COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES (24 CFR 75) All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. §1701u) ("Section 3"), The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted developments covered by Section 3, shall, to the greatest extent Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 3 of 11 410 VvithersRavenet 100 Our People. Your Success. feasible, be directed to low- and very low-income persons including persons who are recipients of HUD assistance for housing, with preference for both targeted workers living in the service area or neighborhood of the Development and Youth Build participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). B. The Parties agree to comply with HUD's regulations in Section 3 Regulations, which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediment that would prevent them from complying with the Section 3 Regulations. C. The CONSULTANT agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth the following: (1) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (III) qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin. D. The CONSULTANT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in Section 3 Regulations. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in Section 3 Regulations. E. The CONSULTANT will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the contract is executed, and (ii) with persons other than those to whom the regulations of Section 3 Regulations require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under Section 3 Regulations. Noncompliance with HUD's regulations in Section 3 Regulations may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. 9. ACCESS TO RECORDS AND RECORD RETAINAGE CLAUSE In general, all official project records and documents, including personal property and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the CLIENT to assure proper accounting for all project funds, must be maintained during the operation of this project and for a period of five (5) years following close out in compliance with 24 CFR 570.490, unless permission to destroy them is granted by the CLIENT. The North Carolina Department of Commerce: Rural Development Division, the North Carolina Department of the Treasurer, U. S. Department of Housing and Urban Development, the Comptroller General of the United States, and the North Carolina Department of Environmental Quality, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Administering Agency which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above Rule. Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 4 of 11 40 WithersRavenel WoOur People. Your Success. 10. REPORTS AND AUDIT INFORMATION The CONSULTANT shall maintain accounts and records, including personal property and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the CLIENT to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the CLIENT or any authorized representative and will be retained for five (5) years after the expiration of this Agreement in compliance with 24 CFR §570.490 unless permission to destroy them is granted by the CLIENT. 11. PERSONNEL &SUNCONTRACTING A. The CONSULTANT represents that they have, or will secure at their own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of the CLIENT. B. All of the services required hereunder will be performed by the CONSULTANT or under their supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CLIENT. D. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 12. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 13. LOBBYING CLAUSE As required by 31 U.S.C. Section 1352, Byrd Anti -Lobbying Amendment, Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 5 of 11 40 WithersRavenel 100 Our People. Your Success. grant, the making of any Federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. (This space left intentionally blank) Attachment - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 6 of 11 40 WithersRavenel Our People. Your Success. CERTIFICATION OF ELIGIBILITY This form must be attached and made a part of all contracts obligated by grantees and paid with CDBG funds. By entering into this Agreement, the CONTRACTOR certifies that they nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of 29 CFR 5.12(a)(1), 2 CFR § 2424, 2 CFR § 180.220, and 40 U.S. Code § 3144, or to participate in HUD programs pursuant to 24 CFR Part 24 or, if applicable, by virtue of Section 3(a) of the Davis -Bacon Act. No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 29 CFR 5.12(a)(1), 29 CFR §5.12, 2 CFR § 2424, 2 CFR § 180.220, and 40 U.S. Code § 3144, or to participate in HUD programs pursuant to 24 CFR Part 24 or, if applicable, by virtue of Section 3(a) of the Davis -Bacon Act. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 and 18 U.S.C. 1010. t j DIBtaliy e, .yKovin Eamn zoz.o.02ez s:noas_WW WithersRavenel, Inc (Authorized Signature) (Name of Contractor) Kevin Faxon VF T�enartment Head, Militi s 115 MacKenan Drive (Printed Name and Title)i (Street Address and/or PO Box) 9/2/2021 Cary, NC 27511 (Date) (City, State, Zip Code) Fed ID 56-1740520 / DUNS 604477039 (DUNS, Tax Identification or Social Security Number) FOR GRANTEE USE ONLY The Federal List of Parties Excluded from Federal Procurement or Non -procurement Programs (www.sam.gov) and State of North Carolina Debarred Vendors List (http.//ncadn-in.nc.Eov/government- agencies/procurement/contracts/debarred-vendors) have been checked and the above contractor or subcontractor has been determined to be eligible to participate in a CDBG assisted project. Attached is the documentation proving eligibility (websites printout). (Signature of Verifying Officer) (Grantee Name) nted Name and Title) (Project Name) (Date) (Grant Number) Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 7 of 11 Federal Debarment Search https://sarn.gov/content/home ............ sEtectp am .......-_. +: Entity IF rmafpn sh—In't loltmsults Wthe ,Ravenet. ino, .rule, All Entity Im Wmation pUNS. unlOuc Entitylo C.rt.de �110I9 E16Ll EOtlty R¢gktrnC.014 $AMI Unque DntilylD SNBECFTPUEM Disaster Response Registry .olap pxc < � t etl ) Exclusions Filterpy Nelnvam, rwrtM1 venel _ `x� Emit, Location Zia code In'r I., statx/p,avina mry, iRut form C..Vna x_I WithersRavenel Our People. Your Success. js rte, En11tY0.e6 s4atloo _. Pfrpsinl Addmss ErplmEon Dot, I is Mad man Dr. CAR. NC Vsl USA po[4'2021 ,a"', of Regmat!on "DUNSI Unique Entity ID Expiration Dote Regkhation Status 604477039 Dec 4, 2021 Active S-Ai Unique Entity lD SK8ECFTPUEH7 Purpose of Registration AllAwards CAGE/NCAGE 8TGL1 Physical Address M ailing Address 115 Mackenan DR 115 Mackenan DR Cary, North Carolina Cary, North Carolina 27511-7903, United States 27511-7903, United States 'The DUNS number is cu rently the official Unique Entity ID Version Current Record V Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 8 of 11 40 WithersRavenel kiloOur People. Your Success. BUSINESS INFORMATION Doing Business As Division Name (blank) (blank) URL Division Number vvve ,xJthemaveneLcom rr, (blank) State / Country of Incorporation Congressional District North Carolina, United States North Carolina 04 Dates Activation Date Initial Registration Date Dec7,2020 Aug 21,2020 Submission Date Dec4,2020 Dates Entity Start Date Fiscal Year End Close Date Apr 23, 1991 Dec 31 Owner CAGE Legal Business Name 8PQTG WITHERSRAVENEL, INC. EMPLOYEE STOCK OWNERSHIP TRUST Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section G202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. it is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 9 of 11 NPO Withersavenel WoOur People. Your Success. Proceedings Questions Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2.C.F.R. 200 Appendix XII. Their responses are not displayed In SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. SAM Search Authorization I authorize my entity's non -sensitive information to be displayed in SALT public search results: Yes ENTITYTYPES Business Types Entity Structure Corporate Entity (Not Tax Exempt) Organization Factors Subchapter S Corporation FINANCIAL INFORMATION Accepts Credit Card Payments Yes Account Details EFT indicator 0000 Do POINTS OF CONTACT Electronic Business O f* Christopher C Bryant Business O 1* Kerry T Colwell Entity Type Business or Organization Profit Structure For Profit Organization Debt Subject To Offset f What is this?} No CAGE Code 8TSL1 115 Mackenan Drive Cary, North Carolina 27511-7903 United States 115 Mackenan Drive Cary, North Carolina 27511-7903 United States Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 10 of 11 Boone Inc. 40 iNithersRavenel 100 Our People. YouSuccess. NC Debarment Search httos //ncadmin nc ovldocuments/nc debarred -vendors NC Debarred Vendors Associated FiLes Debarred Vendors 06.01.2021.docx CG DOC • 22.91 KS Downtcad r� Debarred Vendors 06.01.2021.csV0 TEXT • 16.24 KS Dmvnloatl C] O City, State [7] Effective DaE�] Debarment Reason El li---- 12/14/20051 NC E-Procurement Fee Default (Mars Hill, NC _� 1/14/20101 NCEProcurement Fee Default Salsbury,NC 4/29/2010INC E-Procurement Fee Default _.. _. iAibany, GA 8/23/2002IContract Default Conover, NC I�, 9/14/2016I1 NCEProcurement Fee Default iAlpharetta, GA _..� 10/22/19981Other [Troy, Ml'i 5/6/2010Other (Jackson, Ms 2/1/2003IContract Default Lone Tree, CO 9/14/2016!NC E-Procurement Fee Default Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 11 of 11 RIO WithersRavenel 100 Our People. Your Success. ATTACHMENT B LOCAL LOW-INCOME RESIDENT AND BUSINESS PLAN (SECTION 3) WITH ERSSRAVENEL, INC. agrees to implement the following specific steps directed at increasing the utilization of lower income residents and businesses within the Section 3 covered project area. 1. Attempt to recruit, from within the project area, lower income residents through: Local advertising media, signs and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Home City Plan, or the U.S. Employment Service. 2. List lower income area residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. 3. Insert Section 3 Plan information in all bid documents, where applicable, and to require all bidders on subcontracts to submit a Section 3 Plan. 4. Ensure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. 5. Contact unions, subcontractors, and trade associations to secure their cooperation for this program. 6. Ensure that all appropriate project area business concerns are notified of pending contractual opportunities. 7. Select contractors using their proposed participation in Section 3 objectives as part of the selection consideration. 8. Maintain records, including copies of correspondence, memoranda, etc., which document that all the above affirmative steps have been taken. POSITION NUMBEROF EMPLOYEES NEEDED NUMBER OF EMPLOYEES CURRENTLY EMPLOYED GOALS FOR SECTION 3 NEW EMPLOYEES Technical Advisor 1 1s 0 Project Manager 1 103 0 Client Officer 1 41 0 CDBG Consultation 1 16 0 Water & Wastewater Engineering 2 36 0 Environmental Specialist 2 11 0 Geomatics (Surve)LSUE) 3 62 0 Construction Administration & Inspection 1 6 0 Project Coordinator 2 14 0 Administrative 1 6 0 (This space left intentionally blank) Attachment B - CDBG Section 3 Plan Page 1 of 1 ATTACHMENT C E-VERIFY AFFIDAVIT STATE OF NORTH Ctt,A,��ROLINA FC COUNTY OF b)" ® WithersRavenel OUr People. Your Success. ................ 1, SuYye5 E 00P-L c,I (the individual attesting below), being duly authorized by and on behalf of WithersRavenel. Inc. (The entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: i. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS 464-25(5). 2. Employer understands that Employers Must Use E•Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS464-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (Mark Yes or No) a. YES V or b. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This _� _ day of -51' r 20 Z (( Signature of Afflant: Print or Typ-Inc ee Name! _ ,� State of Y r c County of Ll�a'CF_. II Signed and sworn to (or affirmed) before me, this the J __ dayof S149PI t&-Y_120_zf My Commission Expires: 3- / it ZOZs Notary Public K Attachment C - E•Verify Affidavit Page 1 of 1 40 i the rsRave nO Qur peuple.. Your success. EXHIBIT 6 Standard Terms and Conditions WithersRavenel, Inc. The proposal submitted by WithersRavenel, INC. ("CONSULTANT") is subject to the following terms and conditions, which form an integral part of the Agreement. By accepting the proposal, the services, or any part thereof, the CLIENT agrees and accepts the terms and conditions outlined below: 1. Payment: The CLIENT will pay CONSULTANT for services and expenses in accordance with periodic invoices to CLIENT and a final invoice upon completion of the services. Each invoice is due and payable in full upon presentation to CLIENT. Invoices are past due after 30 days. Past due amounts are subject to interest at a rate of one and one-half percent per month (18% per annum) on the outstanding balance from the date of the invoice. If the CLIENT fails to make payment to the CONSULTANT within 45 days after the transmittal of an invoice, the CONSULTANT may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until all amounts due hereunder are paid in full. If an invoice remains unpaid after 90 days from invoice date, the CONSULTANT may terminate the Agreement. If Consultant initiates legal proceedings to collect the fees owed, Consultant shall also be entitled to recover the reasonable expenses of collection including attorney's fees. 2. Notification of Breach or Default: The CLIENT shall provide prompt written notice to the CONSULTANT if CLIENT becomes aware of any breach, error, omission, or inconsistency arising out of CONSULTANT's services or any other alleged breach of contract or negligence by the CONSULTANT. The failure of CLIENT to provide such written notice within ten (10) days from the time CLIENT became aware of the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against the CONSULTANT arising out of such fault, defect, error, omission, inconsistency or breach. Emails shall be considered adequate written notice for purposes of this Agreement. 3. Standard of Care: CONSULTANT shall perform its services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS AGREEMENT. 4. Waiver of Consequential Damages/Limitation of Liability: CLIENT agrees that CONSULTANT's aggregate liability for any and all claims that may be asserted by CLIENT is limited to $50,000 or to the fee paid to CONSULTANT under this Agreement, whichever is greater. Both CLIENT and CONSULTANT hereby waive any right to pursue claims for consequential damages against one another, including any claims for lost profits. 5. Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANT's invoice to make payment in full for the services rendered by CONSULTANT. 6. Ownership of Instruments of Service; All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by the CONSULTANT as instrument of service, shall remain the property of the CONSULTANT. The CONSULTANT shall retain all common law, statutory and other rights, including the copyright thereto. In the event of termination of this Agreement and upon full payment of fees owed to CONSULTANT, CONSULTANT shall make available to CLIENT copies of all plans and specifications. 7. Change Orders: CONSULTANT will treat as a proposed change order any written or oral order (including directions, instructions, interpretations, or determinations) from CLIENT which requests changes in the Agreement or CONSULTANT's Scope of Services. If CONSULTANT accepts the proposed change order, CONSULTANT will give CLIENT written notice within ten (10) days of acceptance of any resulting increase in CONSULTANT's fees. 8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of CONSULTANT'S experience and qualifications and represent its reasonable judgment as an experienced and qualified professional familiar with the construction industry; but the CONSULTANT cannot and does not guarantee the proposals, bids or actual costs will not vary significantly from opinions of probable costs prepared by it. If at any time the CLIENT wishes assurances as to the amount of any costs, CLIENT shall employ an independent cost estimator to make such determination. 9. Assignment and Third Parties: Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and the CONSULTANT and not for the benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests in this Agreement without the written consent of the other, which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent subconsultants as the CONSULTANT may deem appropriate to assist in the performance of services hereunder. 10. Project Site: Should CLIENT not be owner of the Project site, then CLIENT agrees to notify the site owner of the possibility of unavoidable alteration and damage to the site. CLIENT further agrees to indemnify, defend, and hold harmless CONSULTANT against any claims by the CLIENT, the owner of the site, or persons having possession of the site which are related to such alteration or damage. 11, Access to Site: CLIENT is responsible for providing legal and unencumbered access to site, including securing all necessary site access agreements or easements, to the extent necessary for the CONSULTANT to carry out its services. 12. Survival: All of CLIENT's obligations and liabilities, including but not limited to, its indemnification obligations and limitations of liability, and CONSULTANT's rights and remedies with respect thereto, shall survive completion, expiration or termination of this Agreement, 13. Termination: Either party may terminate the Agreement with or without cause upon ten (10) days advance written notice, if the other party has not cured or taken reasonable steps to cure the breach giving rise to termination within the ten (10) day notice period. If CLIENT terminates without cause or if CONSULTANT terminates for cause, CLIENT will pay CONSULTANT for all costs incurred, non -cancelable commitments, and fees earned to the date of termination and through demobilization, including any cancellation charges of vendors and subcontractors, as well as demobilization costs. WithersRavenel, Inc. Standard Terms & Conditions Page 1 Effective September 14, 2020 Principal $ 210 Client Ex erience Mana er $ 195 Senior Project Mana er $ 180 Project Mana er $ 165 Assistant Pro ect Mana er $ 150 Senior Technical Consultant $ 195 Senior Project Engineer $ 180 Project Engineer III $ 165 Project Engineer ll -$ 150 Project Engineer 1 $ 140 Staff Professional III $ 130 Staff Professional 11 $ 120 Staff Professional I $ 100 Lead Project Coordinator $ 125 Senior Project Coordinat_o_r $ 110 Project Coordinator ll $ 95 Project Coordinator l $ 85 Senior Designer $ 145 Designer II $ 125 Designer1 $ 115 Senior CAD Technician $ 120 CAD Technician II $ 100 CAD Technician 1 $ 90 Zoning Specialist $ 230 Senior Landscape Architect $ 170 Landscape Architect 111 $ 155 Landscape Architect ll $ 140 Landscape Architect 1 $ 130 Landscape Designer 11 $ 120 _ Landsca e Desi ner 1 $ 110 Senior Planner $ 160 Planner III $ 140 Planner II $ 120 Planer) $ 105 _ Plannin Technician $ 95 Geomatics Principal $ 205 Geomatics Sr. Technical Consultant $ 190 Geomatics Senior Mana er $ 180 Geomatics Pro ect Mana er II $ 150 Geomatics Proect Mana er $ 140 Geomatics Project Professional ll $ 145 Geomatics Project Professional l $ 130 Geomatics CAD III $ 115 Geomatics CAD II $ 100 Geomatics CAD 1 $ 80 Geomatics Gl55 ecialist $ 125 Geomatics GIS Technician III $ 110 Geomatics GIS Technician II $ 95 Geomatics GIS Technician I $ 80 _ Geomatics Remote Sensing Crew II $ 260 Geomatics Remote Sensing_Crew 1 $ SBS Geomatics SUE Crew 2 $ 230 Geomatics SUE Crew 1 $ 165 Geomatics Survey Crew III (3 Man) $ 205 Geomatics Surve Crew II (2 Man) $ 165 Geomatics Survey Crew 1 $ 135 Surve Crew Member $ 65 Geomatics Surve Technician IV $ 110 Geomatics Survey Technician III $ 100 Geomatics Survey Technician It $ 75 Geomatics Survey Technician 1 $ 45 F&AM Principal Consultant 190 F&AM Senior Project Manager _$_ $ 175 F&AM Senior Technical Consultant 155 F&AM Project Manager _$ 140 F&AM Project Consultant II _$ $ 105 F&AM Project Consultant 1 $ 95 F&AM Staff Professional 1 $ 75 Senior Construction Mana 'er $ 160 Construction Mana er II $ 140 Construction Manager 1 $ 130 Senior Resident Project Representative $ 120 Resident Project Representative III $ 110 _ Resident Project Representative II 95 _ Resident Project Representative 1 _$ $ 80 Principal ME $ 205 Environmental Sr. Technical Consultant $ 190 Environmental Proect Professional V $ 175 Environmental Pro ect Professional IV $ 160 Environmental Project Professional III $ 145 Environmental Project Professional II $ 135 Environmental Project Professional 1 $ 125 Environmental Staff Professional III $ 120 _ Environmental Staff Professional II $ 110 Environmental Staff Professional 1 $ 100 Environmental Technician ll $ 95 Environmental Technician l $ 80 Senior Biolo ist/Wetlands Scientist $ 150 Biologist/Wetlands Scientist 111 $ 130 Biolo ist/Wetlands Scientist ll $ 120 Biologist/Wetlands Scientist l $ 110 Senior H dro eolo ist $ 170 Project Geologist II (Sr. Pro. Geologist) $__ 145 Project Geologist l $ 125 Staff Geolo ist II $ 115 Staff Geolo ist $ 105 Office Administrator 111 $ 105 Office Administrator ll $ 100 Office Administrator l $ 95 Marketing Administration $ 75 Administrative Assistant 111 $ 85 Administrative Assistant ll $ 75 Administrative Assistant l $ 65 Bond Prints (Per Sheet $ 1.75 My1ar Prints (Per Sheet) $ 11.00 lvnkeilze Per IR_S Deliver - Projects ecific(Distance&Priori ) Sub contractor Fees (Markup) 1.15 Expenses / Re rod. / Permits(Markup) 1.15 Effective January 1, 2021 - Schedule is subject to change Engineers I Ptanners I Surveyors 40 iith rs-avenO Our people. your Su cress. Nip 14. Severability: If any provision of this Agreement, or application thereof to any person or circumstance, is found to be invalid then such provision shall be modified if possible, to fulfill the intent of the parties as reflected in the original provision. The remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by applicable law. 15. No Waiver: No waiver by either party of any default by the other party in the performance of any provision of this Agreement shall operate as or be construed as a waiver of any future default, whether like or different in character. 16. Merger, Amendment: This Agreement constitutes the entire Agreement between the CONSULTANT and the CLIENT and all negotiations, written and oral understandings between the parties are integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and the CLIENT. 17. Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences are encountered which affects or may affect the services, the risk involved in providing the service, or the recommended scope of services, CONSULTANT will promptly notify CLIENT thereof. Subsequent to that notification, CONSULTANT may: (a) if practicable, in CONSULTANT's sole judgment and with approval of CLIENT, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with CLIENT to modify the Scope of Services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or (c) Terminate the services effective on the date of notification pursuant to the terms of the Agreement. 18. Force Majeure: Should completion of any portion of the Agreement be delayed for causes beyond the control of or without the fault or negligence of CONSULTANT, including force majeure, the reasonable time for performance shall be extended for a period at least equal to the delay and the parties shall mutually agree on the terms and conditions upon which Agreement may be continued. Force majeure includes but is not restricted to acts of God, acts orfailures of governmental authorities, acts of CLIENT's contractors or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather. 19. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 ("OSHA"), Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT's contractors, except with respect to CONSULTANT'S own employees. Likewise, CONSULTANT shall have no right to direct or stop the work of CLIENT's contractors, agents, or employees. 20. Dispute Resolution/Arbitration: Any claim or other dispute arising out of or related to this Agreement shall first be subject to non -binding mediation in accordance with the then -current Construction Industry Mediation Procedures of the American Arbitration Association ("AAA"). If mediation is unsuccessful, such claim or other dispute shall be subject to arbitration in accordance with the AAA's then -current Construction Industry Arbitration Rules. Any demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. CLIENT agrees to the inclusion in such arbitration (whether by initial filing, by joinder or by consolidation) of any other parties and of any other claims arising out of or relating to the Project or to the transaction or occurrence giving rise to the claim or other dispute between CLIENT and CONSULTANT. 21. Independent Contractor: In carrying out its obligations, CONSULTANT shall always be acting as an independent contractor and not an employee, agent, partner or joint venturer of CLIENT. CONSULTANT's work does not include any supervision or direction of the work of other contractors, their employees or agents, and CONSULTANT's presence shall in no way create any liability on behalf of CONSULTANT for failure of other contractors, their employees or agents to properly or correctly perform their work 22. Hazardous Substances; CLIENT agrees to advise CONSULTANT upon execution of this Agreement of any hazardous substances or any condition existing in, on or near the Project Site presenting a potential danger to human health, the environment or equipment. By virtue of entering into the Agreement or of providing services, CONSULTANT does not assume control of, or responsibility for, the Project site or the person in charge of the Project site or undertake responsibility for reporting to any federal, state or local public agencies, any conditions at the Project site that may present a potential danger to the public, health, safety or environment except where required of CONSULTANT by applicable law. In the event CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally represented by CLIENT, CONSULTANT may suspend or terminate the Agreement. CLIENT acknowledges that CONSULTANT has no responsibility as a generator, treater, storer, or disposer of hazardous or toxic substances found or identified at a site. Except to the extent that CONSULTANT has negligently caused such pollution or contamination, CLIENT agrees to defend, indemnify, and hold harmless CONSULTANT, from any claim or liability, arising out of CONSULTANT's performance of services under the Agreement and made or brought against CONSULTANT for any actual or threatened environmental pollution or contamination if the fault (as defined in N.C.G.S. 228-1(f)(7)) of CLIENT or its derivative parties (as defined in N.C.G.S. 228-1(f)(3)) is a proximate cause of such claim or liability. 23. Choice of Law: The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the law of the State of North Carolina, excluding only its conflicts of laws principles. 24. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the applicable plans, specifications, and standards for the Project, and shall not give rise to a claim against CONSULTANT for contractor's failure to perform in accordance with the applicable plans, specifications or standards. 25. Field Representative: If CONSULTANT provides field services or construction observation services, the presence of the CONSULTANT's field personnel will only be for the purpose of providing observation and field testing of specific aspects of the Project. Should a contractor be involved in the Project, the CONSULTANT's responsibility does not include the supervision or direction of the actual work of any contractor, its employees, or agents. All contractors should be so advised. Contractors should also be informed that neither the presence of the CONSULTANT's field representative nor the observation and testing by the CONSULTANT shall excuse contractor in any way for defects in contractor's work. It is agreed that the CONSULTANT will not be responsible for job or site safety on the Project and that the CONSULTANT does not have the right to stop the work of any contractor. 26. Submittals: CONSULTANT's review of shop drawings and other submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, techniques, or procedures of construction, including but not limited to, safety requirements. WithersRavenel, Inc. Standard Terms & Conditions Page 2 Effective September 14, 2020 WithersRavenel Our People, Your Success. September 2, 2021 City of Dunn P.O. Box 1065 Dunn, North Carolina, 28335 Attn: Steven Neuschafer RE: WR Project 06190851.05 Agreement for Professional Services City of Dunn CDBG-1 Grant Administration Services Dear Mr. Neuschafer: WithersRavenel is pleased to provide this Agreement for Professional Services to the City of Dunn CDBG-I Grant Administration Services project. If you have any questions or concerns about the agreement, please do not hesitate to call me at the number listed below. Sincerely, WithersRavenel Monica Chevalier FAM Project Manager 115 MacKenan Drive Cary, NC 27511 Office:919.469.3340 Direct:919.238.0344 Mobile: 919,280,0643 mchevalier@withersravenel.com Attachment: Agreement for Professional Services 115 Mackenan Drive I Cary NC 27511 t: 919.469.3340 1 www.withersravenel.corn I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington City of Dunn A. Project Description 40 WithersRavenet Our People. Your Success. The City of Dunn (herein referred to as "CLIENT") has received a Community Development Block Grant Infrastructure Grant (CDBG-I) from the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) in the amount of $1,999,129 for the rehabilitation/replacement of approximately 586 LF of 12-inch Gravity Sewer Mains, 2756 LF of 10-inch Gravity Sewer Mains 10,283 LF of 8-inch Gravity Sewer Mains and 56 Manholes. The initial companion planning grant is in the amount of $108,360 and shall be used to fund activities prior to the construction phase. The second grant is in the amount of $1,890,769 and shall be used to fund activities through final construction and closeout. Grant administration services for compliance of the CDBG-I program are being provided under this Agreement by WithersRavenel (herein referred to as "CONSULTANT'). The funding program requires projects to be awarded for construction within 24 months of the date of the Letter of Intent to Fund (LOITF). Specific milestones are as follows: Attendance as DWI Compliance and ERR Workshops June 2021 Grant Contract with DWI Executed by all Parties 10/25/2021 Adopted Compliance Plans Submitted and Received by DWI 11/18/2021 Engineering Report Submitted and Received by DWI 12/06/2021 Adopted Equal Housing and Affirmatively Furthering Fair Housing Plan and Policy Submitted & received by DWI 03/28/2022' Environmental Review Record (ERR) and Request for Release of Funds (RROF) Submitted to DWI 03/31/2022 Funding Approval Conditions Submitted to DWI 03/31/2022 Engineering Report Approved by DWI 03/31/2022 Environment Review Record (ERR) and Request for Release of Funds (RROF) Approved by DWI 05/02/2022 Companion Grant Contract Expiration 05/31/2022 Companion Grant Closeout Final Report and Final Reimbursement Submitted and Received by DWI 06/09/2022 City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 1 of 8 13 410 WithersRavenet VAPOur People. Your Success. Bid and Design Package Submitted and Received by DWI 10/21/2022 Bid and Design Package Approved by DWI 03/13/2023 Bid Information Submitted (Itemized Bid Tabulation, etc.) to DWI 06/19/2023 Executed Construction Contracts (Submit e-coples of Construction Agreement, Notice of Award, Notice to Proceed and Project Schedule) 08/07/2023' Grant Contract Expiration Date 09/20/2024 Final Report and Final Reimbursement Submitted and Received by DWI 11/04/2024 Grant Closeout 12/31/2024 Administration services to be provided include the Environmental Information Document (EID) / Environmental Review Record (ERR) and Request for Release of Funds (RROF) as part of the CDBG- I grant budgeted line item, and overall CDBG-I Grant Administration services. Scope and costs of each are shown as separate costs in the contract. Task 1- Environmental Information Document (EID) / Environmental Review Record (ERR), shall occur prior to the release of CDBG-I funds and funding conditions, as part of the CLIENT's companion planning grant. Task 2- CDBG-I Grant Administration, shall occur throughout the life of both of the CLIENT's grant for this project. Scope of Services Trask I - Environmental Review Record (ERR) / Environmental Information Document (Ells) A. CONSULTANT will review provided project information from the CLIENT, the grant application, grant award, grant budget and develop a basis of environmental analysis for the project conforming to the NCDWI CDBG-I grant award and conditions. B. CONSULTANT will attend one (1) kickoff meeting /site visit (or virtual meeting) with the CLIENT to discuss the project and preparation of the ERR/EID. C. CONSULTANT will prepare the ERR/EID in accordance with 24 CFR Part 58 the "Guidance for the Preparation of Environmental Documentation", as published by NCDWI, which will include the following information: On -site visit and photos. Information and supporting documentation and analysis from area resources and the Project's Preliminary Engineering Report (PER) and other project studies as provided by the CLIENT. Identification of project areas of importance and correspondence with federal and state laws and authorities to achieve compliance. City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 2 of 8 40 WithersRavenet Our People, Your Success. b Distribution of project information and anticipated environmental impacts to appropriate agencies (including the State Environmental Clearinghouse, as needed) and requested consultation/concurrence. © Addressed comments from the public and agencies contacted, as needed. b The environmental public notice for posting / publication, as needed. b The environmental certification executed by the CLIENT. D. CONSULTANT will submit the ERR/EID to the NCDWI for review by in accordance with the grant agreement schedule. E. CONSULTANT will incorporate NCDWI review comments and resubmit to NCDWI for approval in accordance with the grant agreement schedule. F. CONSULTANT will furnish one (1) hardcopy and one (1) digital copy of the approved ERR/EID to the CLIENT. Tasl(2 - CDBG-1 Grant Administration CONSULTANT will be responsible for carrying out the following administration related tasks and sub -tasks, with support of the CLIENT: A. Funding Conditions & Compliance 1. Attend the required DWI start-up meeting and compliance training with the CLIENT. 2. Set up Dual Filing System (hardcopy and digital) for the CLIENT's two (2) grants, to be kept and maintained at the CLIENT's location. Work with CLIENT CDBG designees to ensure dual files stay current and comprehensive. 3. Prepare CDBG Compliance Plans that outline policies and procedures to be implemented through the life of the grant, to be adopted by CLIENT, required by the CLIENT's grant contract with DWI, including, but not limited to: Citizen Participation, Equal Employment Opportunity, Procurement, Section 3, Section 504, Language Access, Residential Anti -Displacement and Relocation Assistance, Excessive Force Provision, compliance with Executive Order 12549 (federal debarment and suspension), Conflict of Interest and Hatch Act provisions, Affordable Rents, Federal Labor Standards, Financial Management and Cost Allocation, Record Retention, Affirmatively Furthering Fair Housing, and Analysis of Impediments to Fair Housing Choice. 4. Assist CLIENT to complete and document the planned public outreach activities outlined in the adopted Citizen Participation, Fair Housing Plan, and other civil rights plans. 5. Work with the CLIENT to ensure that all special conditions in the grant contract, action items, and routine paperwork updates are accomplished. B. General Administration, Financial Management, and Reporting 1. Review existing CLIENT financial procedures for consistency with DWI requirements and recommend roles and responsibilities for project implementation. 2. Prepare project ordinance for the CLIENT to review and adopt. 3. Prepare requisition payment requests and compile necessary supporting documentation for the CLIENT to review, execute, and submit to DWI. 4. Prepare quarterly performance reports, annual performance reports, and annual debarment reports for the CLIENT to review, execute, and submit to DWI. 5. Analyze cumulative beneficiary information, as well as Section 3 resident and business registrations for the CLIENT to maintain in the local grant records. City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 3 of 8 40 WithersRavenel NOOur People. Your Success. 6. Work with engineering staff and CLIENT to prepare and finalize any necessary paperwork and plan amendments and revisions. Work with the CLIENT to ensure all required plans and forms that require renewals are done so in accordance with CDBG guidelines. 7. Prepare budget amendments and up to one (1) program scope amendment, if required, in accordance with applicable DWI requirements, for the CLIENT to review, execute, and submit to DWI. 8. Assist the CLIENT with on -site grant administration inspections and monitoring visits (for up to four (4) visits). 9. Prepare the required closeout public hearing documentation and report package forthe CLIENT to review, execute, and submit to DWI. 10. Conduct, as needed, phone and virtual consultations with the CLIENT. 11. Act as liaison between the CLIENT and DWI. 12. Provide ongoing technical assistance regarding CDBG regulations and DWI requirements. Support the CLIENT with completing any miscellaneous tasks assigned by DWI to the CLIENT through the course of project. C. Project Implementation 1. Provide oversight and guidance of procurement procedures in accordance with 2 CFR Part 200 and DWI requirements. 2. Assist the CLIENT in complying with regulations regarding property acquisitions and easements, if necessary. 3. Conduct coordination sessions with the project engineer, CLIENT, DWI, and construction Contractor. 4. Obtain federal wage decision(s) from the U.S. Department of Labor website. 5. Provide quality control and quality assurance reviews with the project engineer in the creation of bid documents, solicitation of bids, pre -bid meeting, review of bids, assembly of contract contracts, and pre -construction meeting to comply with state and federal regulations, including minority and Section 3 Business recruitment. 6. Support the CLIENT to complete necessary construction -related public notifications. 7. Work with the CLIENT and project engineer to ensure compliance with all CDBG guidelines during design, bidding, and construction. 8. Confirm debarment clearance for all contractors for the CLIENT to verify. 9. Participate in the pre -bid and pre -construction meetings by presenting CDBG guidelines and discussing what will be expected from DWI during the course of the project 10. Conduct reviews of weekly certified Davis -Bacon payrolls (for up to 10 total Contractors/Subcontractors under Basic Services, and based on an estimated construction time period of eight (8) months). 11. Compare the federal prevailing wage decision(s) to the certified payrolls, timesheets, and supporting documentation to identify potential issues, follow up on any discrepancies 12. Conduct at least one set of employee interviews with each trade represented on -site for Davis -Bacon compliance, until a representative of trades and construction phases are obtained (for up to 10 total Contractors/Subcontractors under Basic Services, and based on an estimated construction time period of eight (8) months). 13. Obtain construction inspection reports and photos to verify Davis -Bacon compliance, as needed. 14. Submit required semi-annual labor enforcement reports to DWI on behalf of the CLIENT. City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 4 of 8 C. i• E. 40. WithersRavenel. INio Our People. Your Success. 15. Work with the CLIENT to prepare all necessary Davis -Bacon paperwork needed for inspections. 16, Process contractor payment requests approved by the project engineer. Additional Services Services that are not included in the Scope of Services or are specifically excluded from this Agreement shall be considered Additional Services. CONSULTANT will furnish or obtain from others Additional Services if requested in writing by the CLIENT and accepted by CONSULTANT. Additional Services shall be paid by the CLIENT in accordance with the Fee & Expense Schedule outlined in Attachment D. Client Responsibilities During the performance of CONSULTANT's services under this Agreement, the CLIENT will: b Designate a person to act as the CLIENT's representative with respect to the work to be performed under the Agreement. Such person shall have the authority to transmit instructions, receive information, and interpret CLIENT policies; 6 Provide clerical assistance and day-to-day file maintenance of reports, documents, and associated forms to include execution of grant -related documents; V Attend pre -bid meeting, bid opening, pre -construction meeting, monthly construction progress meetings, and other meetings between CONSULTANT, project engineer, construction contractor, and DWI to facilitate clear communication amongst all project parties; ® Provide any information needed not specifically addressed in the Scope of Services; I> Provide all available information pertinent to the Project, including any GIS information, reports, maps, drawings, and any other data relative to the Project; l> Examine all proposals, reports, sketches, estimates, and other documents presented by CONSULTANT and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of CONSULTANT; is Give prompt written notice to CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the Project; and P Handle matters requiring an attorney at law. Any changes to the Project after CONSULTANT has begun work may require additional fees. Compensation for Services A. Lump Sum Fee CONSULTANT proposes to provide the Scope of Services previously outlined on a lump sum fee basis with a budget as described in the following table. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 5 of 8 40 WithersRavenel NNOOur People. Your success. 1. CONSULTANT may alter the distribution of compensation to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the CLIENT. 2. The Lump Sum includes compensation for CONSULTANT's services. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, and profit. 3. CONSULTANT will bill the CLIENT for subcontract expenses based on the unit prices charged for each class of work that has been accepted plus 15%. 4. The portion of the Lump Sum amount billed for CONSULTANT's services will be based upon CONSULTANT's estimate of the percentage of the total services completed during the billing period. B. Hourly Fee CONSULTANT proposes to provide the Scope of Services previously outlined on an hourly basis according to Attachment D with an estimated budget as described in the following table plus expenses. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. 1. CLIENT shall pay CONSULTANT for Basic Services by an amount equal to the cumulative hours charged to the Project by each class of CONSULTANT's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and CONSULTANT's charges, if any. 2. CONSULTANT may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services rendered but shall not exceed the total estimated compensation amount unless approved in writing byCLIENT. 3. The Standard Hourly Rates charged by CONSULTANT constitute full and complete compensation for CONSULTANT'S services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or CONSULTANT's CONSULTANTS' charges. 4. CONSULTANT's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to CONSULTANT under the Agreement. 5. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to CONSULTANT that the total compensation amount thus estimated will be exceeded, CONSULTANT shall give CLIENT written notice thereof, allowing CLIENT to consider its options, including suspension or termination of CONSULTANT's services for CLIENT's convenience. Upon notice, CLIENT and City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 6 of 8 F. CQ 110 WithersRavenel lipOur Peaple. Your Success. CONSULTANT promptly shall review the matter of services remaining to be performed and compensation for such services. CLIENT shall either exercise its right to suspend or terminate CONSULTANT's services for CLIENT's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by CONSULTANT, so that total compensation for such services will not exceed said estimated amountwhen such services are completed. If CLIENTdecides notto suspend CONSULTANT's services duringthe negotiations and CONSULTANT exceeds the estimated amount before CLIENT and CONSULTANT have agreed to an increase in the compensation due CONSULTANT or a reduction in the remaining services, then CONSULTANT shall be paid for all services rendered hereunder. C. Fee Summary Timeline for Services The professional services described herein shall be completed and submitted per the milestones set by DWI CDBG-I "Letter of Intent to Fund" referenced in Section A of this document. The services of CONSULTANT are commenced on the effective date of this Agreement. All services shall be completed in not more than forty (40) months from the date of the Agreement unless an extension of time is granted by the CLIENT and DWI. C®BG Contract Terms and Conditions This Agreement is subject to and incorporates the provisions attached hereto as Attachment A: CDBG Contract Provisions, Supplementary Terms, and Conditions. (This space left intentionally blank) City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 7 of 8 40 WithersRavenel WoOur People, Your Success. H. Acceptance Receipt of an executed copy of this agreement will serve as the written agreement between CONSULTANT and CLIENT for the services outlined. Submitted by Consultant: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 plgitally signed by Jessica S. Leggett yUi pate: 2021,09.02 13:53:77 -04'09'7-04'00' Authorized Signature Jessica S Leggett Printed Name Director, Funding Services Title Date ATTEST. (Signature) (SEAL) Accepted by Client: City of Dunn P.O. Box 1065 Dunn, North Carolina, 28335 Authorized Signature Printed Name Title Date (Printed Name of Clerk) (Date) PRE -AUDIT CERTIFICATION: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act (N.C.G.S. 159-28(a)). (Signature) (Printed Name of Finance Officer) ATTORNEY CERTIFICATION: Approved as to Form and Legal Sufficiency: (Signature) ATTACHMENTS: (Printed Name of Attorney) (Date) (Date) Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Attachment B - CDBG Local Low -Income Resident and Business Plan (Section 3 Plan) Attachment C - E-Verify Affidavit Attachment D - WithersRavenel CDBG-I Administration Fee & Expense Schedule Exhibit I - WithersRavenel Standard Terms and Conditions City of Dunn CDBG-I Grant Administration Services WR Project No. 06190851.05 Page 8 of 8 40 Withersavenel 100 Our People. Your Success. ATTACHMENT A CDBG CONTRACT PROVISIONS, SUPPLEMENTARY TERMS, AND CONDITIONS 1. LEGAL REMEDIES PROVISION AND TERMINATION PROVISION As stated in 2 CFR Appendix It to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Termination for Cause: Event of Default a. CLIENT may terminate contract with written notice of violation or breach of contract provided, however, that no such violation shall occur until the CLIENT has been given written notice of the breach and thirty (30) days to cure have elapsed. b. CLIENT may terminate contract for default in performance provided, however, that no such default shall occur until the CLIENT has been given written notice of the default and 30 days to cure have elapsed c. CLIENT may terminate contract for misrepresentation if any representation or warranty made by the CONSULTANT in connection with the Contract or any information, certificate, statement, or report heretofore or hereafter made shall be untrue or misleading in any material respect at the time made. Remedies: If an Event of Default shall occur, the CLIENT shall have the following rights and remedies, which are exercisable at the CLIENT's sole discretion, and are cumulative, concurrent, and independent rights a. In the event that the CLIENT finds that it is inadvisable or impossible to continue the execution of the project; or if CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement; or, if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Agreement; or if CONSULTANT becomes subject to a voluntary or involuntary adjudication of bankruptcy or makes a general assignment for the benefit of creditors; then the CLIENT has the right to terminate at any time this Agreement or any task or phase of work being performed herein by providing thirty days written notice to CONSULTANT of such termination and specifying the effective date of such termination; provided, however, that during such period of thirty (30) days CONSULTANT shall have the opportunity to remedy such failures or violations to avoid such termination. b. In the event of termination, as provided herein, CONSULTANT shall be paid for all services performed and actual expenses incurred up to the effective date of the termination of services and any fees or expenses post termination effective date that may be incurred associated with transitioning the work to the CLIENT or the CLIENT'saffiliate. 2. CONFLICT OF INTEREST (2 CFR PART §200.318 GENERAL PROCUREMENT STANDARDS): INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF THE RECIPIENT, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 1 of 11 140 WithersRavenel NOour People. Your Success. No member, officer, or employee of the CLIENT, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The CLIENT and CONSULTANT shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. 3. INTEREST OF CONSULTANT AND EMPLOYEES The CONSULTANT covenants that they presently have no interest and shall not acquire interest, direct or indirect, in the project areas or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. 4. NONDISCRIMINATION CLAUSE - SECTION 109, HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 5. AGE DISCRIMINATION ACT OF 1975, AS AMENDED - NONDISCRIMINATION ON THE BASIS OF AGE No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program of activity which receives or benefits from Federal Financial assistance. 6. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED - NONDISCRIMINATION ON THE BASIS OF HANDICAP/DISABILITY No qualified disabled/handicapped person shall on the basis of disability/handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. SECTION 3 CLAUSE- COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES (24 CFR 135.38) All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 2 of 11 40 WithersRavenel PAPOur People. Your Success, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONSULTANT agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants fortraining and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The CONSULTANT agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The CONSULTANT will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. SECTION 3 CLAUSE- COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES (24 CFR 75) All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. §1701u) ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted developments covered by Section 3, shall, to the greatest extent Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 3 of 11 40 WithersRavenel lipOur People, Your Success. feasible, be directed to low- and very low-income persons including persons who are recipients of HUD assistance for housing, with preference for both targeted workers living in the service area or neighborhood of the Development and Youthbuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). B. The Parties agree to comply with HUD's regulations in Section 3 Regulations, which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediment that would prevent them from complying with the Section 3 Regulations. C. The CONSULTANT agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (III) qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin. D. The CONSULTANT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in Section 3 Regulations. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in Section 3 Regulations, E. The CONSULTANT will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the contract is executed, and (ii) with persons other than those to whom the regulations of Section 3 Regulations require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under Section 3 Regulations. Noncompliance with HUD's regulations in Section 3 Regulations may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. ACCESS TO RECORDS AND RECORD RETAINAGE CLAUSE In general, all official project records and documents, including personal property and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the CLIENT to assure proper accounting for all project funds, must be maintained during the operation of this project and for a period of five (5) years following close out in compliance with 24 CFR 570.490, unless permission to destroy them is granted by the CLIENT. The North Carolina Department of Commerce: Rural Development Division, the North Carolina Department of the Treasurer, U. S. Department of Housing and Urban Development, the Comptroller General of the United States, and the North Carolina Department of Environmental Quality, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Administering Agency which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above Rule. Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 4 of 11 40 WithersRavenel Our People. Your Soccess. 10. REPORTS AND AUDIT INFORMATION The CONSULTANT shall maintain accounts and records, including personal property and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the CLIENT to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the CLIENT or any authorized representative, and will be retained for five (5) years after the expiration of this Agreement in compliance with 24 CFR §570.490, unless permission to destroy them is granted by the CLIENT. 11. PERSONNEL & SUNCONTRACTING A. The CONSULTANT represents that they have, or will secure at their own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of the CLIENT. B. All of the services required hereunder will be performed by the CONSULTANT or under their supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CLIENT. D. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 12. RIGHTS TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. f Si733'11►[1lIaIA 111.9q As required by 31 U.S.C. Section 1352, Byrd Anti -Lobbying Amendment, Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 5 of 11 40 WithersRavenel VAPOur People. Your Success. grant, the making of any Federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. (This space left intentionally blank) AttochmentA - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 6 of 11 40 WithersRavenel NOOur People. Your Success. CERTIFICATION OF ELIGIBILITY This form must be attached and made apart of all contracts obligated by grantees and paid with CDBG funds. By entering into this Agreement, the CONTRACTOR certifies that they nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of 29 CFR 5.12(a)(1), 2 CFR § 2424, 2 CFR § 180.220, and 40 U.S. Code § 3144, or to participate in HUD programs pursuant to 24 CFR Part 24 or, if applicable, by virtue of Section 3(a) of the Davis -Bacon Act. No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 29 CFR 5.12(a)(1), 29 CFR §5.12, 2 CFR § 2424, 2 CFR § 180.220, and 40 U.S. Code § 3144, or to participate in HUD programs pursuant to 24 CFR Part 24 or, if applicable, by virtue of Section 3(a) of the Davis -Bacon Act. The penalty for making false statements is prescribed in the U.S. Criminal Code,, 18 U.S.C. 1001 and 18 U.S.C. 1010. �.P.Ub�C2�i�clA U r".11 5n ��erse��s. oa,e:zoy,.os.02135g:4p p W WithersRavenel, Inc (Authorized Signature) (Name of Contractor) Tessica S I eggett Director Funding services 115 MacKenan Drive (Printed Name and Title) (Street Address and/or PO Box) 9/2/2021 Cary, NC 27511 (Date) (City, State, Zip Code) Fed ID 56-1740520 / DUNS 604477039 (DUNS, Tax Identification or Social Security Number) FOR GRANTEE USE ONLY The Federal List of Parties Excluded from Federal Procurement or Non -procurement Programs (www.sam.gov) and State of North Carolina Debarred Vendors List (http;//ncadmin.nc.gov/government- aaencies/procurement/contracts/debarred-vendors) have been checked and the above contractor or subcontractor has been determined to be eligible to participate in a CDBG assisted project. Attached is the documentation proving eligibility (websites printout). Officer) (Grantee Name) (Printed Name and Title) (Date) (Project Name) Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 7 of 11 40 WithersRavenel WWOOur People. Your Success. Federal Debarment Search httos://sa m.eov/conterit/home Pit VOVO $o„p, Select oomain +� --- —) Entity Information _ SM1owInR4lof lresulb Wllh R net, In,, A U'N, finift,U In-tlon All Entity Information �Ulls umyuefnlip 10 ME end, Phyanl Add—, �pn Ion tUU GUG1l0 9 GTGL1 usMndY n 0r, CARY, UC 27511 USA Entity Reglriratloni SSEC Vnique Em:y9n In, d AHA— of rzedlstntian pllAwards $N9ECSTFVEHi DkU,u,, Re5Pen,U ReglnrY _.. EHdusion5 < 1_ °TI i zs nittea, Ney,Yords Wo Enery Wcauan InFu(ZiP Slate/PraNnw In .Tv,t R MC Ilna j - ---NS Unique Entity l0 Expiration Date Registration Status 604477039 Dec4,2021 Active 5AM Unique EntltyiD SKBEcrTPUEH7 Purpose of Registration ARAwards CAGE/NCAGE 8TGL1 Physlcai Address Mailing Address 115 Mackenan DR 115 Mackenan DR Cary, North Carolina Cary, North Carolina 27511-7903, United States 27511-7903, United States 'The DUNS number is currently the official Unique Entity ID Version Current Record v Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 8 of 11 40 WithersRaver)et 100 Our People Your Success, BUSINESS INFORMATION Doing Business As Division Name (blank) (blank) URL Division Number a,,p,>�yr.v:rittrersravena[con� ce (blank) State / Country of Incorporation Congressional District North Carolina, United States North Carolina 04 Dates Activation Date Initial Registration Date Dec 7,2020 Aug 21, 2020 Submission Date Dec4,2020 Dates Entity Start Date Fiscal Year End Close Date Apr 23,1991 Dec 31 Immediate Owner CAGE Legal Business Name 8PQT6 WITHERSRAVENEL, INC. EMPLOYEE STOCK OWNERSHIPTRUST Highest Level Owner CAGE (blank) Executive Compensation Legal Business Name (blank) Registrants in the System for Award Management (SAM) respond tothe Executive Compensation questions in accordance with Section 6202 of P.L.110-252, amending the Federal rundingAccountabIlity and Transparency Act (P.L.109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 9 of 11 40 WithersRavenet NOOur People. Your Success. Proceedings Questions Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2.C.F.R. 20D Appendix XII. Their responses are not displayed in SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. SAM Search Authorization 1 authorize my entity's non -sensitive information to be displayed In SAM public search results: Yes im ENTITYTYPES Entity Structure Corporate Entity (Not Tax Exempt) Organization Factors Subchapter S Corporation FINANCIAL INFORMATION Accepts Credit Card Payments Yes Account Details EFT Indicator 0000 POINTS OF CONTACT Electronic Business O 1* Christopher C Bryant Government Business O 1* Kerry T Colwell Entity Type Business or Organization Profit Structure For Profit Organization Debt Subject To Offset (What is this?) No CAGE Code 8TGL1 US Mackenan Drive Cary, North Carolina 27511-7903 United States 115 Mackenan Drive Cary, North Carolina 27511-7903 United States Attachment A - CDBG Contract Provisions, Supplementary Terms, and Conditions Page 10 of 11 40 1h/ithers avenel WoOur People. Your Success. NC Debarment Search httgs l/ncadmin nc nov(documentslnc debarred -vendors NC Debarred Vendors Associated Files Debarred Vendors O6.O1.2O21,docx0 _.. ooc • ns1 KB [)o:yntoaA U^ Debarred Vendors O6.O1.2O21.csv0 TEXT •16.74 KB DnwN�au r/ A 1 ', B C Vendor Name [City, State Effective Da{-] Debarment Reason [• vu Color ( _I 12/14/20051 NCEProcurement Fee Default Boone Drilling _ l i)14/2010I NC E-Procurement Fee Default -and -Grading Watkins Fit Fitness Equipment ISalsbury, NC !, 4/29/2010I NC E-Procurement Fee Default_ Wellington House (Albany, GA ��, 8/23/2002 Contract Default Willis Manufacturing, Inc. ,Conover, NC 9/14/20161 NC E-Procurement Fee Default Worldview Trading Company iAlpharetta, GA 10/22/1998bther _ Wright Tool Company !Troy, MI ! 5/6/2010 Other _. Yazoo Power Equipment (Jackson, MS j 2/1/2001IContract Default Zynex Neurodiagnostics _. (Lone Tree, CO 9/14/2016iNCEProcurement Fee Default. (This space left intentionally blank) Attachment A - CDBG Contract Provisions, Supplementory Terms, and Conditions Page 11 of 11 40 WithersRavenel Our People. Your Success. ATTACHMENT B LOCAL LOW-INCOME RESIDENT AND BUSINESS PLAN (SECTION 3) WITH ERSSRAVEN EL, INC. agrees to implement the following specific steps directed at increasing the utilization of lower income residents and businesses within the Section 3 covered project area. 1. Attempt to recruit, from within the project area, lower income residents through: Local advertising media, signs and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. 2. List lower income area residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. 3. Insert Section 3 Plan information in all bid documents, where applicable, and to require all bidders on subcontracts to submit a Section 3 Plan. 4. Ensure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. 5. Contact unions, subcontractors, and trade associations to secure their cooperation for this program. 6. Ensure that all appropriate project area business concerns are notified of pending contractual opportunities. 7. Select contractors using their proposed participation in Section 3 objectives as part of the selection consideration. 8. Maintain records, including copies of correspondence, memoranda, etc., which document that all the above affirmative steps have been taken. POSITION NUMBEROF EMPLOYEES NEEDED NUMBER OF EMPLOYEES CURRENTLY EMPLOYED GOALS FOR SECTION 3 NEW EMPLOYEES Technical Consultant 1 15 0 Project Manager 1 103 0 Client Officer 1 41 0 Funding Project Manager / Consultants 1 7 0 Environmental Senior Technical Consultant 2 36 0 Environmental Staff Professional II and III 2 11 0 Project Coordinator 1 14 0 Administrative 1 6 0 (This space left intentionally blank) Attachment B - CDBG Section 3 Plan Page 1 of 1 ATTACHMENT C E-VERIFY AFFIDAVIT STATE OF NORTH C//,A,��ROLINA COUNTY OF W� F-C %10 WithersRavenel Our people, Your Success I, �LtVh,QS t.Q6ttf dC.( (the individual attesting below), being duly authorized by and on behalf of WithersRavenel, Inc. (The entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears oraffirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use .E-Verlfv. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (Mark Yes or No) a. YES Vor IM2O 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Veriffy,,by//any subcontractors subsequently hired by Employer. This _�_ dayof SPOMNt[FPf_ 202� Signature of Affiant: n Print or Type Name: .... _ntj5- 4 State of I C— __ County of (tea CR. Signed and sworn to (or affirmed) before me, this the I -_ day of sca—kht&f'_, 20 ZI My Commission Expires: 3- 1 b 26Z',3 Notary Public Attachment C - E-Verify Affidavit Page 1 of 1 40 WithersRavenel NOOur People, Your Success, ATTACHMENT D WITHERSRAVENEL CDBG-1 ADMINISTRATION FEE & EXPENSE SCHEDULE F&AM Senior Project Manager $ 196 F&AM Senior Technical Consultant $ 174 F&AM Project Manager $ 157 F&AM Project Consultant II $ 118 Environmental Senior Technical Consultant $ 213 Engineering Staff Professional III $ 146 Project Coordinator $ 95 Administrative Assistant $ 84 Client Experience Manager $ 218 Bond Prints (Per Sheet) $ 1.75 Mylar Prints (Per Sheet) $ 11.00 Mileage Per IRS Delivery - Project Specific (Distance and Priority) Subcontractors Fees (Markup) 1.15 Expenses / Reprod. / Permits (Markup) 1.15 ➢ WithersRovenel typically updates fees at the start of each calendar year Attachment D - CDBG-I Administration Fee and Expense Schedule Page 1 of 1 40 1iftirsavnt Ow Faopla. Vour;uccvxs. EXHIBIT C Standard Terms and Conditions WithersRavenel, Inc. The proposal submitted by WithersRavenel, INC. ("CONSULTANT") is subject to the following terms and conditions, which form an integral part of the Agreement. By accepting the proposal, the services, or any part thereof, the CLIENT agrees and accepts the terms and conditions outlined below: 1. Payment: a) The CLIENT will pay CONSULTANT for services and expenses in accordance with periodic invoices to CLIENT and a final invoice upon completion of the services. Each invoice is due and payable in full upon presentation to CLIENT. Invoices are past due after 30 days. Past due amounts are subject to interest at a rate of one and one-half percent per month (18% per annum) on the outstanding balance from the date of the Invoice. b) If the CLIENT fails to make payment to the CONSULTANT within 45 days after the transmittal of an invoice, the CONSULTANT may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until all amounts due hereunder are paid in full. If an invoice remains unpaid after 90 days from invoice date, the CONSULTANT may terminate the Agreement, If Consultant initiates legal proceedings to collect the fees owed, Consultant shall also be entitled to recover the reasonable expenses of collection including attorney's fees. 2. Notification of Breach or Default: The CLIENT shall provide prompt written notice to the CONSULTANT if CLIENT becomes aware of any breach, error, omission, or inconsistency arising out of CONSULTANT's services or any other alleged breach of contract or negligence by the CONSULTANT. The failure of CLIENT to provide such written notice within ten (10) days from the time CLIENT became aware of the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against the CONSULTANT arising out of such fault, defect, error, omission, inconsistency or breach. Emails shall be considered adequate written notice for purposes of this Agreement. 3. Standard of Care: CONSULTANT shall perform its services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS AGREEMENT. 4. Waiver of Consequential Damages/Limitation of Liability: CLIENT agrees that CONSULTANT's aggregate liability for any and all claims that may be asserted by CLIENT is limited to $50,000 or to the fee paid to CONSULTANT under this Agreement, whichever is greater. Both CLIENT and CONSULTANT hereby waive any right to pursue claims for consequential damages against one another, including any claims for lost profits, S. Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANT's invoice to make payment in full for the services rendered by CONSULTANT. b. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by the CONSULTANT as instrument of service, shall remain the property of the CONSULTANT. The CONSULTANT shall retain all common law, statutory and other rights, including the copyright thereto. In the event of termination of this Agreement and upon full payment of fees owed to CONSULTANT, CONSULTANT shall make available to CLIENT copies of all plans and specifications. 7. Change Orders: CONSULTANT will treat as a proposed change order any written or oral order (including directions, instructions, interpretations, or determinations) from CLIENT which requests changes in the Agreement or CONSULTANT's Scope of Services. If CONSULTANT accepts the proposed change order, CONSULTANT will give CLIENT written notice within ten (10) days of acceptance of any resulting increase in CONSULTANT's fees. 8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of CONSULTANT'S experience and qualifications and represent its reasonable judgment as an experienced and qualified professional familiar with the construction industry; but the CONSULTANT cannot and does not guarantee the proposals, bids or actual costs will not vary significantly from opinions of probable costs prepared by it. If at any time the CLIENT wishes assurances as to the amount of any costs, CLIENT shall employ an independent cost estimator to make such determination. 9. Assignment and Third Parties: Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and the CONSULTANT and not for the benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests in this Agreement without the written consent of the other, which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent subconsultants as the CONSULTANT may deem appropriate to assist in the performance of services hereunder. 10. Project Site: Should CLIENT not be owner of the Project site, then CLIENT agrees to notify the site owner of the possibility of unavoidable alteration and damage to the site. CLIENT further agrees to indemnify, defend, and hold harmless CONSULTANT against any claims by the CLIENT, the owner of the site, or persons having possession of the site which are related to such alteration or damage. 11. Access to Site: CLIENT is responsible for providing legal and unencumbered access to site, including securing all necessary site access agreements or easements, to the extent necessary for the CONSULTANT to carry out its services. 12. Survival: All of CLIENT's obligations and liabilities, including but not limited to, its indemnification obligations and limitations of liability, and CONSULTANT's rights and remedies with respect thereto, shall survive completion, expiration or termination of this Agreement. 13, Termination: Either party may terminate the Agreement with or without cause upon ten (10) days advance written notice, if the other party has not cured or taken reasonable steps to cure the breach giving rise to termination within the ten (10) day notice period. If CLIENT terminates without cause or if CONSULTANT terminates for cause, CLIENT will pay CONSULTANT for all costs incurred, non -cancelable commitments, and fees earned to the date of termination and through demobilization, including any cancellation charges of vendors and subcontractors, as well as demobilization costs. WithersRavenel, Inc. Standard Terms & Conditions Page 1 Effective September 14, 2020 40 Ith rs avenel 0urpeople.Y(mr Success. 14. Severability: If any provision of this Agreement, or application thereof to any person or circumstance, is found to be invalid then such provision shall be modified if possible, to fulfill the intent of the parties as reflected in the original provision. The remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by applicable law. 15. No Waiver: No waiver by either party of any default by the other party in the performance of any provision of this Agreement shall operate as or be construed as a waiver of any future default, whether like or different in character. 16. Merger, Amendment: This Agreement constitutes the entire Agreement between the CONSULTANT and the CLIENT and all negotiations, written and oral understandings between the parties are integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and the CLIENT. 17, Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences are encountered which affects or may affect the services, the risk involved in providing the service, or the recommended scope of services, CONSULTANT will promptly notify CLIENT thereof. Subsequent to that notification, CONSULTANT may: (a) if practicable, in CONSULTANT's sole judgment and with approval of CLIENT, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with CLIENT to modify the Scope of Services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or (c) Terminate the services effective on the date of notification pursuant to the terms of the Agreement. 18. Force Majeure: Should completion of any portion of the Agreement be delayed for causes beyond the control of or without the fault or negligence of CONSULTANT, including force majeure, the reasonable time for performance shall be extended for a period at least equal to the delay and the parties shall mutually agree on the terms and conditions upon which Agreement may be continued. Force majeure includes but is not restricted to acts of God, acts or failures of governmental authorities, acts of CLIENT's contractors or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather. 19. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 ("OSHA"). Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT's contractors, except with respect to CONSULTANT'S own employees. Likewise, CONSULTANT shall have no right to direct or stop the work of CLIENT's contractors, agents, or employees. 20. Dispute Resolution/Arbitration: Any claim or other dispute arising out of or related to this Agreement shall first be subject to non -binding mediation in accordance with the then -current Construction Industry Mediation Procedures of the American Arbitration Association ("AAA"). If mediation is unsuccessful, such claim or other dispute shall be subject to arbitration in accordance with the AAA's then -current Construction Industry Arbitration Rules. Any demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. CLIENT agrees to the inclusion in such arbitration (whether by initial filing, by joinder or by consolidation) of any other parties and of any other claims arising out of or relating to the Project or to the transaction or occurrence giving rise to the claim or other dispute between CLIENT and CONSULTANT. 21. Independent Contractor: In carrying out its obligations, CONSULTANT shall always be acting as an independent contractor and not an employee, agent, partner or joint venturer of CLIENT. CONSULTANT's work does not include any supervision or direction of the work of other contractors, their employees or agents, and CONSULTANT's presence shall in no way create any liability on behalf of CONSULTANT for failure of other contractors, their employees or agents to properly or correctly perform their work 22. Hazardous Substances: CLIENT agrees to advise CONSULTANT upon execution of this Agreement of any hazardous substances or any condition existing in, on or near the Project Site presenting a potential danger to human health, the environment or equipment. By virtue of entering into the Agreement or of providing services, CONSULTANT does not assume control of, or responsibility for, the Project site or the person in charge of the Project site or undertake responsibility for reporting to any federal, state or local public agencies, any conditions at the Project site that may present a potential danger to the public, health, safety or environment except where required of CONSULTANT by applicable law. In the event CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally represented by CLIENT, CONSULTANT may suspend or terminate the Agreement, CLIENT acknowledges that CONSULTANT has no responsibility as a generator, treater, starer, or disposer of hazardous or toxic substances found or identified at a site. Except to the extent that CONSULTANT has negligently caused such pollution or contamination, CLIENT agrees to defend, indemnify, and hold harmless CONSULTANT, from any claim or liability, arising out of CONSULTANT's performance of services under the Agreement and made or brought against CONSULTANT for any actual or threatened environmental pollution or contamination if the fault (as defined in N.C.G.S. 2213-1(f)(7)) of CLIENT or its derivative parties (as defined in N.C.G.S, 2213-1(f)(3)) is a proximate cause of such claim or liability, 23. Choice of Law: The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the law of the State of North Carolina, excluding only its conflicts of laws principles. 24. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the applicable plans, specifications, and standards for the Project, and shall not give rise to a claim against CONSULTANT for contractor's failure to perform in accordance with the applicable plans, specifications or standards. 25. Field Representative: If CONSULTANT provides field services or construction observation services, the presence of the CONSULTANT's field personnel will only be for the purpose of providing observation and field testing of specific aspects of the Project. Should a contractor be involved in the Project, the CONSULTANT's responsibility does not include the supervision or direction of the actual work of any contractor, its employees, or agents. All contractors should be so advised, Contractors should also be informed that neither the presence of the CONSULTANT's field representative nor the observation and testing by the CONSULTANT shall excuse contractor in any way for defects in contractor's work. It is agreed that the CONSULTANT will not be responsible for job or site safety on the Project and that the CONSULTANT does not have the right to stop the work of any contractor. 26. Submittals: CONSULTANT's review of shop drawings and other submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, techniques, or procedures of construction, including but not limited to, safety requirements, WithersRavenel, Inc. Standard Terms & Conditions Page 2 Effective September 14, 2020 DUNN DUNN [�- " M'D D 0­ 1 N­ " N' f City Council Agenda Form yY � Y1.1 i SeptemberMeeting Date: WI 13 SUBJECT TITLE: Approval ofEngineeringServicesAgreementfor • IFund Protect-F- Presenter: Heather Adams, Director "k Department: Public Utilities Description: Map, Letter of Intent to Fund, Affidavit, Attachment: XYes No Engineering Services Agreement Public Hearinq Advertisement Date: PURPOSE: To approve the Engineering Services Agreement for the Black River WWTP Improvement Project that has been approved for funding through the Clean Water State Revolving Fund (CWSRF). -ER : • " e The City applied for and was awarded a $3.626 Million loan through the Division of Water Infrastructure in August 2021. The engineering services scope of work includes an engineering report, design, permitting, construction administration, and oversight for the project. The Black River WWTP's final clarification facilities, chlorine contact tanks, and associated piping will be replaced and/or upgraded to provide increased levels of treatment and improved peak flow capacity. The WWTP's current peak flow is limited to approximately 7.5 MGD due to hydraulic restrictions and limitations occurring between the aeration basins and effluent pump station. Also, the chlorine contact chamber is undersized at the current peak flow capacity. Requests for Qualifications (RFQs) for Engineering Services was duly published on August 6, 2021, where by the City received one (1) Letter of Interest and Statement of Qualifications. Staff is recommending that the City move forward with Davis Martin Powell for the required engineering services. BUDGET IMPACT: Engineering fees are budgeted at $485,000 and are reimbursable through the loan. The Division awarded $3,626,000 in loan funds at 0.13% interest. This is a 20-year loan with an annual estimated debt service payment of $184,000. Debt service is anticipated to begin in fiscal year 2024-2025. RECOMMENDATION/ACTION REQUESTED: Motion to authorize City Manager Neuschafer to execute an Engineering Services Agreement with Davis Martin Powell for engineering services related to the Clean Water State Revolving Fund Black River Wastewater Treatment Plant Improvements. hi z z z O O I ROY COOPER Governor ELIZABETH S. BISER Secretary JON RISGAARD AcNngDireclor Mr. Steven Neuschafer, City Manager City of Dunn PO Box 1065 Dunn, NC 28335 Dear Mr. Neuschafer: NORTH CAROLINA Environmental Quality August 1, 2021 Subject: Letter of Intent to Fund Black River WWTP Improvements Spring 2021 Application Cycle Project No.: CS370417-07 The Division of Water hrfi-astructure has reviewed your application, and the State Water hrfrastructure Authority has approved your project as eligible to receive funding. The Clean Water State Revolving Fund (CWSRF) loan amount will be $3,626,000 at a maximum interest rate of 0.13%. A loan fee o£2% will be invoiced after bids have been received. Please note that this intent to fund is contingent on approval of the loan through the Local Government Commission and on meeting all of the following milestones: Milestone Date Engineering Report Submittal December 1, 2021 Engineering Report Aroval Ma 2 2022 Bid and Design Package Submittal November 3 2022 Bid and Design Package Approval March 1, 2023 Advertise Project, Receive Bids, Submit Bid Information, and Receive Authority To Award July 3, 2023 Execute Construction Contracts Au rst 1, 2023 The first milestone is the submittal of an Engineering Report by close of business on December 1, 2021. The Engineering Report must be developed using the guidance found on our website (https://duq,nr.gov/about/divisions/water-infi•astructure/i-have-funding/engineering- repoitenvironmental-information). Failure to meet any milestone may result in the forfeiture of funding for the proposed project. U xw�m imax,laoia North Carolina Department oFEnvlronmental Quality I Division of Water infrastructure $12 N. Salisbury Street 11633 Mall Service Center I ttalelgh, North Carolina 27699-1633 919307.9160 Mr, Steven Neuschafer, City Manager August 1, 2021 Page 2 of 3 Upon detailed review of the project during the funding process, it may be determined that portions of your project are not eligible for funding and the total funding amount may be reduced. Additionally, changes in the scope or priority points awarded — based on additional information that becomes apparent during project review — may also result in changes to the total funding amount and loan terms. Davis -Bacon Requirements and American Ir-on and Steel Provisions Projects funded through the State Revolving Fund (SRF) programs (including ASADRA) must comply with Davis -Bacon wage requirements and American Iron and Steel provisions, You can find standard specifications covering these requirements on our website. In accordance with G.S. 120-157,2, local government units with projects that require debt to be issued greater than $1,000,000 must submit a letter to Committee Chairs, Committee Assistant, and the Fiscal Research Division of the General Assembly at least 45 days prior to presentation before the Local Government Commission, You are responsible for submitting that letter and providing a copy to the Division, Brooks Act Compliance Projects funded through the CWSRF program (including ASADRA) must comply with the federal Brooks Act for the selection of architectural and engineering services. CWSRF projects cannot be exempted from qualification based selection of these services under N.C.G.S. 143- 64.32. Any services provided that were not selected in compliance with federal requirements will be ineligible for reimbursement. Extended Term Loan Projects that qualify for a targeted interest rate and demonstrate in the Engineering Report a weighted average design life for the major components of the project greater than 20 years are eligible for an extended loan term up to the calculated weighted average design life, but not to exceed 30 years. Request an extended term on the Engineering Report Submittal Checklist (https://deq.no.gov/about/divisions/water-infrastructure/i-have-funding/engineering- reportenvironmental-information) and provide the necessary calculation, Mr. Steven Neuschafer, City Manager August 1, 2021 Page 3 of 3 If you have any questions, please contact Ali Ajami, PhD by phone at (919) 707-9183 or by email at Ali.Ajami@ncdenr.gov. Sincerely, o� nRisgaf State Revolving Fund Section CC: Michael Goliber, PE, Davis -Martin -Powell & Associates, Inc, High Point Ken Pohlig, PE Marl( Hubbard, PE Project File (COM_LOIF) .. 1 u II Request for Qual101ona . HngineeringBiSuive�•ing5e ces' .. r I{ "i 1 ji •.. .City dfDunntl. I I.1 i r- Black RiverWastewaiet'heatmentPlent RehabWtationl'mJect _ CleanWeter State l}evolvbsg Pend. Issue Veto, 8 2-2021 Due Datc;912021`. e I 1. General' �} Pureuantta NCG514-fiA.3l Atdcle 3D the CityofTSunh is sulldJbld $lace�}� to of)n�pKSs�[rdg 1 1 1 � Qualificatlbhe Etom firma to p[ovlde Hngtneering end Sucveytug servlas re�aked to lts recenll Ay u>red ti r 51 1 11 t i l { 1 'CleanWa(er State Revaluing Pund Loan r •,,. 1 r 1t jtl ill4h 4 +let f)Iti Ili a(d 2, Background , ' Tae CltyofDuren operates a water nd ke , al -3cPilll�ea lc�dbn foi'I(rmdingyaps defatglgn l; service sig-1 lm City submlfted a Clean waaterS a#e Reyolv�r!g . to t}ie spriny'of 2021. The Citywas recendYA9 lred bl cisORof Water lnhastrncsyle iwth lY 1 6 in tli bs rini' s 2,021. , to receive $3 626 000 in Joy4 interest loan Cundin8 .I { 1 ' { Ur he 3.scope *of Services gipeern re urt d slgri pet' t)Irig consHuctiout�bnsintarrdl J ij ' The Scope afservjces maylndude++ Hlt g � I asocial d 8)31@ii)Aba epir a5e{lpandJrJx upgcadaed to p[Yovi}d AtQctet gd lelvelcis s o t (ir8atmc 3(t d91')?rovedu r 1 ozlma7 5 MGIJ dud (d`hyd[aul7c 1 ' peak flow cepaaty.'[heWWTP's canentpeaJCflow is llmife to gpp .Y restrictions andWnftattons occux[ingbetween �he aeration bpsihs end e@q�enk�}rmp aSaN�P ifUsot the ) :� j chlorine contracttdiamberis undersized at.tliecnrre°tpeak flaw iepac(ty ''1 I '. tslt t { ae... 4. Contents of9URUcaikes ' f l t, i ,A. Dame of Arm B. Locatilin ofofficeperforming the work + C. Briefhistory officnt I).General water aiid'Fewer engineering expgdence� !1 I H.Provide3recent wastewater tteahAentp ets tehalsWtat prp)eTr cfs lndlcete hop the pro7r tWa3 jupdredl > (grant local loan etc) RL(e[°fpersonnel tobetnvo).venki the prajectt a;bd@f¢e�cdp tolF of�ltblyr,�qu'abP. ft",'il f n Y�r j}RF�1j l responslbWtles '} 10 ' 'r N liUpELsump S51ai orytl4tlto Bzieed p�rlcln$7for 1ir�t j G.InaceordaneewithNCG51496d131+DONO.f °e,ik{r 'Y'{-- r. ..i } !er Ccg9' Se lE40f �' e S. Bvaluadan Cdterla 1��1 Iricl ,I A. Qualifications recelvedtky the deaWSuftP}dprep(ced In accoKdance wid[3trQ inslYgcKJsn�!'/�6e �41s , F4�eWed fo deterYrdn�trns leve]pfseC$ice urtd exRedence consydpiedmosfadvanlagequyl(o th �Cl { '`Ihe Gilyw0l setec4 the i,^.onaul)anl considered most uallfied to p[�vide thedesl[ed level ofkgrv[Gf�W' I ` I ,lcolz{s�.g[etion f`or the tong leiminteKes�of(he C1F%6 ne s ,� . Ed ualifi adoRssrnEf%out z4 'ji: She City il?uselect the b$p�quaUg�d flrry�sedon demgnslra edcompgtidncGl 4�Ik, �-j al p it - < f t3 te atd to fC .", 4{,,rraa .'A_Eti+ ��{Tfti!^�l'Et 11{ ;..=t r �fti 1i19� ies"'fairand� '` C•. 4 ,`'$f_._ur...a� mmeel the CitY'eheeda Jlre clEy-§tt�lt°go A �.., 1 t+yi r'1., ,i;: m SIta 'tluallficagonapd'd;4�aL� 1Y . , J ' ` PtuJeits ro fllus�l{et,'�c°m�,e_I�! Understanding fls?_d executlb • Aeputet<on WIJh icvyoua rli erience of Inva4vedteff '.'i '1 Bxperence virti[sL!!)(§S`[ype ! %eypeisdiuiel-'tbte9'end ezt 1's: 11 t AveilabhJty;.; ' t ,'' ' l t'. t ` 6. Submission Info[mattbn, t . the nse mus tbe [ecetvcd by ein�dt 11 1 r1 .+; { t Qceso2021P II g of A Ble irbn c tPD } Ion Ito-n eem tf i r I sl I 1 b r •�,jint ors on orl6efore2 nr t Submit m: I' I TammyWWlams, City Ciork City ofDunm. '. :, •"%'•TS. i AFFP RFQ/BLACK RIVER WASTEWATER Affidavit of Publication STATE OF NC) SS COUNTY OF HARNETT } The Undersigned, being duly sworn, says: That she Is Representative of the The Dally Record, a daily newspaper of general circulation, printed and published In Dunn, Harnett County, NO; that the publication, a copy of whlch'Is attached hereto, was published In the said newspaper on the following dates: August06, 2021 This newspaper Is quallf led for legal advertising in accordance with N.C.G.S.1-597 AND 1-598 That said newspaper was regularly issued and circulated on those dates. SI D: 1 Representative Subscribed to and sw rn to me this 6th day of August 2021. Harnett County, NO My commission expires: July 23, 2022,`���ON rANTjn . �w e>rgsNOTARY°o�:O`; @ 2;g PUBLiG,t Uo 00032194 00058931 01 Ez Classifleds/Legais/r/ CITY OF DUNN PO BOX 1065 DUNN, NO 28335 DAMS • MARTIN • POWELLdMP ENGINEERS & SURVEYORS September 2, 2021 Re: City of Dunn, NC Black River WWTP CWSRF Rehabilitation On -call Task Order DMP 210076 Ms. Heather Adams Public Utilities Director City of Dunn PO Box 1065 Dunn, NC 28335 Dear Heather: Davis • Martin • Powell & Associates (DMP) appreciates the opportunity to submit this Engineering Services Proposal for Professional Services for the proposed Black River WWTP Division of Water Infrastructure CWSRF Funded Rehabilitation Project. Background The City of Dunn's Black River Wastewater Treatment Plant (WWTP) is subject to rainfall induced inflow and infiltration (1/I) and has experienced serval instances when it must reduce the influent pumping capacity, resulting in SSO's on the interceptor upstream of the WWTP. The Black River WWTP was constructed in the early 1980's and has been modified several times over subsequent years. The original capacity was 2.225 MGD, which was expanded to 3.75 MGD in the mid 1990's. From 2009-2011 the City replaced the influent pump station, preliminary treatment facilities, and added flow equalization. Most recently, the main aeration system and blowers were replaced In 2020. The WWTP biological process is a conventional single stage activated sludge process and permitted capacity of 3.75 mgd. The 2009 upgrade project upgraded the influent pump station and preliminary treatment facilities to handle up to a 15 MGD peak hourly flow. The new structures and piping were sized forthe peak hourly flow and, the Influent pumps are sized to provide 10 MGD firm capacity. The WWTP's current peak flow Is limited to approximately 7.5 MGD due to hydraulic restrictions and limitations occurring between the aeration basins and effluent pump station. Also, the chlorine contract chamber is undersized at the current peak flow capacity. This project will increase the WWTP's hydraulic capacity by installing new flow distribution chamber and larger piping; improve the clarification by refurbishing an existing clarifier and adding a fourth clarifier; and improve the disinfection process with additional contact time. Overall, these improvements will help position the WWTP for a future capacity expansion. As outlined in our Statement of Qualifications for this project, our Design Team Includes the following subconsultants: Carolina Ecosystems, Inc.; Terracon Consultants, Inc.; and Sturgill Engineering, PA. T: 336-886-4821 • F: 336-886-4458 • License: F-0245 6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com City of Dunn Black River WW7P CWSRF Rehabilitation September 2, 2021 Page 2 of 4 Scope of Services DMP's Team will provide professional services for this project including: Engineering Report and Environmental Document, Final Design, Permitting, Construction Administration, and Construction Observation. Additionally specific tasks will encompass planning, supplemental surveying, design, drafting, and project management necessary to produce final construction plans, contract documents, and any necessary permit applications. Our Scope of Work will include the following phases: Phase 0001. Division of Water Infrastructure Funding Application — Meet with the City to discuss and review project; — Provide schematic layouts for proposed improvements; — Prepare initial conceptual cost estimates Phase 0002. DWI Engineering Report (ER) / Environmental Information Document (EID) — Prepare and submit ER/EID Documents in accordance with DWI forms and guidance; — Coordinate review and approval of ER/EID Documents with DWI Representatives; Phase 0003. Final Design Phase / Bidding and Contract Award DMP's Team will be responsible for surveying/design/drafting of civil, structural, and electrical plans for the proposed improvements. — Prepare Construction Plans, Contract Documents and Technical Specifications forthe project. These will include applicable technical specifications and bidding documents based on the final design. — Prepare applications for the City to obtain necessary permits such as: ® NCDENR DWR —Authorization to Construct ® NCDENR - Erosion Control Plan (if required) — Update the Estimate of Probable Cost, based on final plans and specifications. — Coordinate the issuing of Contract Documents to prospective bidders, respond to Inquiries, Issue addenda as necessary, and conduct the Bid Opening. — Review the bids for conformance, prepare a Certified Bid Tabulation, research the low Bidder's qualifications, and make a recommendation of award to the City to award the contract to the lowest, responsible, responsive bidder(s). Phase 0004. Geotechnical — Team member Terracon will provide Geotechnical Services to include soil borings at proposed structure locations, determine ground water elevations, and recommendations for Structural Design of proposed structures. Phase 0005. Construction Administration Services — Construction Administration services would Include general engineering and office support for a single contract. — Conduct the Pre -Construction Meeting, and issue meeting minutes. — Review shop drawings and submittals. — Review and respond to Requests for Information (RFI's). — Conduct periodic progress meetings and prepare meeting minutes. — Review change order requests. — Review monthly pay requests and forward to the City. Coordinate Contract Closeout, to include attendance at final inspection, review of final contract documents, and Engineer's Certification of project completion to the appropriate agencies. — Prepare Record Drawings from plan markups by the Contractor and Field RPR. Three (3) hardcopy sets of record drawings will be provided in addition to AutoCAD .dwg and .pdf digital files. City of Dunn Black River WWTP CWSRF Rehabilitation September 2, 2021 Page 3 of 4 Phase 0006. Construction Observation Services — The Scope includes a Resident Project Representative (RPR) during the construction period to review and observe work of the construction Contractor(s). The RPR will typically work either half or full days depending on the work being completed; — The RPR will coordinate schedules with the City and Contractor to provide a presence during key construction tasks; — The RPR shall be the Engineers' site representative and will serve as field liaison between the Contractor and the Town, attend job site meetings, etc.; — The RPR will review and observe field work, approve payment quantities, determine acceptability of work items, etc., for compliance with approved contract documents; — The RPR will keep a daily log describing the activities and construction progress of the Contractor(s), for each site visit; — The RPR will report directly to the Engineer; — The RPR will assist the Contractor in maintaining records of deviations from construction drawings; — The RPR shall have no authority regarding the following: ® Authorization of any deviation from the contract documents or approval of any substitute materials or equipment; ® Performance of any of the responsibilities of Contractor(s), subcontractor(s), or Contractor's superintendent; • Expediting work for the Contractor(s); ® Advice or directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the contract documents. Additional Services or Services Not Included DMP is available to provide additional services in conjunction with this project, which may be unforeseen at this stage of the project. Any additional services requested by the City, which are not specifically outlined in the Scope of Work, can be provided on an hourly basis, or negotiated as an amendment to this proposal. Additional expenses will not be incurred without prior written authorization. Compensation DMP will furnish the scope of services as outlined herein for the following lump sum or hourly amounts: Phase Fee Type 1. Planning $5,000 Lump Sum 2.ER/EID $21,600 Lump Sum 3. Final Design Phase / Permitting / Bidding $219,400 Lump Sum 4. Geotechnical $7,500 Hourly 5. Construction Administration* $70,000 Lump Sum 6. Construction Observation* $161,500 Hourly Total Compensation $485,000 *Construction Administration & RPR Services are based on a ten (10) month construction contract. The fee stated above, is based on the anticipated requirements and steps we will need to complete the scope outlined In this proposal based on similar projects. Any changes to this fee budget will be reviewed and approved before additional cost is incurred. These services will be provided as a Task under the 2019 On -Call Professional Services Agreement. Periodic Invoices corresponding to the completed task outlined above will be sent at the beginning of each month, and payment will be due within 30 days. The City will be responsible for payment of all advertisement, agency review, and permit application fees. City of Dunn Black River WWTP CWSRF Rehabilitation September 2, 2021 Page 4 of 4 Schedule DMP will begin work on the project upon receiving written authorization to proceed and will complete the DWI ER/EID document to coincide with the Letter of Intent to Fund. Design documents, Bidding and Construction will follow based on ER/EID approval. Summary Davis • Martin • Powell appreciates the opportunity to submit this proposal for professional services related to this project. If acceptable, please return one (1) executed copy to our office, and we will proceed accordingly. If you have any questions, please let me know. Sincerely, DAVIS-MARTIN-POWELL & ASSOCIATES, INC. Michael Goliber, PE Partner C: File Task Order Authorization Project: Black River WWTP CWSRF Rehabilitation Accepted: City of Dunn, NC By, Date: Printed Name & Title: The individual(s) above hereby represent and warrant they have the full and complete authority to enter into this Task Order on behalf of their respective party. R �20211210076l Client Contract InfolOunn Black River WWTP CWSRF RehobEngineeringFeeProposol 2021-09-02.docx cft ® DLINN All•Amcrica City All -America City c� A _ JA eeti a e® to _ e ' ,1989 * 2013 SUBJECT TITLE: Approval of Engineering Services Agreement for Clean Water State R Sanitary Sewer Collection System Improvements Presenter: Heather Adams, Director /c Department: Public Utilities • Attachment: XYes No Description: Map, Letter of Intent to Fund, Affidavit, Engineering Services Agreement Public Hearing Advertisement Date: PURPOSE: To approve the Engineering Services Agreement for a Sewer Collection System Project that has been approved for funding through the Clean Water State Revolving Fund (CWSRF). BACKGROUND: The City applied for and was awarded a $2 Million loan & grant through the Division of Water Infrastructure in August 2021. The engineering services scope of work includes an engineering report, CCTV & visual inspections, design, permitting, construction administration, and construction oversight for the project. The project consists of the assessment of approximately 39,200 LF of sewer main and approximately 100 manholes using a combination of CCTV and visual inspection. The Assessment is expected to result in the identification of substantial defects resulting in the rehabilitation of approximately 26,775 LF and 50 manholes. Requests for Qualifications (RFQs) for Engineering Services was duly published on August 6, 2021, where by the City received one (1) Letter of Interest and Statement of Qualifications. Staff is recommending that the City move forward with WithersRavenel for the required engineering services. BUDGET IMPACT: Engineering fees are budgeted at $460,000 and are reimbursable through the loan. The Division awarded $500,000 in principal forgiveness (grant) and $1,500,000 in loan funds at 0.13% interest. This is a 20-year loan with an annual estimated debt service payment of $76,000. Debt service is anticipated to begin in 2023. RECOMMENDATION/ACTION REQUESTED: Motion to authorize City Manager Neuschafer to execute an Engineering Services Agreement with WithersRavenel for engineering services related to the Clean Water State Revolving Fund Sanitary Sewer Collection System Improvements. �a 3 p _ 1 J. r IWO- ma fir?•.", m 00PE d b0S u s p 1. x yob r� H SNP a, .�¢ °HSg ®tiOd NO F SNP cs .8a „oP '. "w °HNb°/NNa'r 9t,ry 3S 4 pOR`,PND SS 0 � � ROm u ' 1Sg3M Ham') HON ,P2 y'l 3AVW733' '�,' - wyy. tl't' N �aP N y~ Hg,, y� ,,•a rv0, Hob -BYRD DR 3Atl y v yP Np1N " W so �' y Ss p'tih Hob � C T +" Yy , Q�OPp o. ,.,..n•. _ ...,9 a< 3Atl ll3MOdN OODWIN 04 O � H g EI N" SP .. ' of gRUCE DR SU a Q , ASFIF' I a E c f VP {-I. y C vl r0 C n m tH0 '. � ,u .� N ' . r5 ` ��1SH b by. u C 7, (D rt7 m O d C (U G OJ u J 9 C J sd O p s ROY COOPER Governor ELIZABETH S. BISER Secretory JON RISGAARD ActingWrector August 1, 2021 Mr. Steven Nousehafer, City Manager City of Dunn PO Box 1065 Dunn, NC 28335 Subject: Letter of Intent to Fund Collection System Improvements Spring 2021 Application Cycle PfojectNo.: CS370417-06 Dear Mr•. Neuschafer: The Division of Water Infrastructure has reviewed your application, and the State Water Infr'aStrUetUr'e Authority has approved your project as eligible to receive a Clean Water State Revolving Fund (CWSRF) loan of $2,000,000, Fifty percent of the loan (up to a maximum of $500,000) will be forgiven, and the remainder will be repayable at a maximum interest rate of 0.13%. A loan fee of 2% will be, invoiced after bids have been received, Please note that this intent to find is contingent on approval of the loan through the Local Government Commission and on meeting all of the following milestones: Milestone Date En ineerin Re ort Submittal December 1, 2021 _ Engineering Report Aroval May 2, 2022 Bid and Design Package Submittal November 3, 2022 Bid and Design Package A plLoval March 1, 2023 Advertise Project, Receive Bids, Submit Bid Information, and Receive Authority To Award July 3, 2023 Execute Construction Contracts August 1, 2023 The first milestone is the submittal of an Engineering Report by close of business on December 1, 2021. The Engineering Report must be developed using the guidance found on our website (https://deq,nc.gov/about/divisions/water-infrastructure/i-have-funding/engineering- reportenvironmental-information). Failure to meet any milestone may result in the forfeiture of funding for the proposed project. MpWMnle [1, ipvn Nlll WY\ /� North Carolina Department of Environmental Quality I Division of Water Infrastructure 512 N. Salisbury Street 11633 MMIServlce Center I Raleigh, North Carolina 27699-1633 919,707,9160 Mr. Steven Neuschafer, City Manager August 1, 2021 Page 2 of 3 Upon detailed review of the project during the funding process, it may be determined that portions of your project are not eligible for funding and the total funding amount may be reduced. Additionally, changes in the scope or priority points awarded — based on additional information that becomes apparent during project review — may also result in changes to the total funding amount and loan terms, Davis -Bacon Requirements and American Iron and Steel Provisions Projects funded through the State Revolving Fund (SRF) programs (including ASADRA) must comply with Davis -Bacon wage requirements and American Iron and Steel provisions. You can find standard specifications covering these requirements on our website. Joint Legislative Committee on Local Government Notification Requirements In accordance with G.S. 120-157.2, local govermnent units with projects that require debt to be issued greater than $1,000,000 must submit a letter to Committee Chairs, Committee Assistant, and the Fiscal Research Division of the General Assembly at least 45 days prior to presentation before the Local Government Commission. You are responsible for submitting that letter and providing a copy to the Division. Brooks Act Compliance Projects funded through the CWSRF program (including ASADRA) must comply with the federal Brooks Act for the selection of architectural and engineering services. CWSRF projects cannot be exempted from qualification based selection of these services under N.C.G.S. 143- 64.32. Any services provided that were not selected in compliance with federal requirements will be ineligible for reimbursement. Extended Term Loan Projects that qualify for a targeted interest rate and demonstrate in the Engineering Report a weighted average design life for the major components of the project greater than 20 years are eligible for an extended loan term up to the calculated weighted average design life, but not to exceed 30 years. Request an extended term on the Engineering Report Submittal Checklist (https://cleq.nc.gov/about/divisions/water-infrastructure/i-have-ftniding/enginecrhng- reportetuvironmental-information) and provide the necessary calculation, Mr, Steven Neuschafer, City Manager August 1, 2021 Page 3 of 3 If you have any questions, please contact Antonio V. Evans, PE by phone at (919) 707- 9168 or by email at tony.evans@nedem,gov. Sincerely, IL .Ion Risgaa�f State Revolving Fund Section CC; Kenneth Ode, PE, Withers Ravenel, Cary Jessica Legget, WithersRavenel, Cary Ken Pohlig, PE Mark Hubbard, PE Project File (COM_LOW) ' � Requestfor QdaEficattons: , . I+ t' ` r t I Bngfyeering&Sucveying$ecincee ,�; ; ' Wastewater CoU@gjtnn System Rehabxhtatian ProJecb ,,;"„'?, ! t _ a., Clean Water State ReltolvlugFmld I r IssueDatdli 2 2021 Due Date: 9t12021, � 1. General ... `.. , t.,. •f � ,: .,; t 1:,'° c �-i Pursuant to NCGS.143 6431 Article 31jthe Ctty otbutmis sohciting Statements gfr inlexestandty tt 4 t7 i Quetiftfatlonsfxom firms to provide Bngineexing and gurveyingservice5 related [o its recently acqulFed' I' r }. Clean 4lyaterState R;volvl$g Puna S.oan i The Clty ofDuun open, a water and sewer uhhty tlraf<ffCrves citizens within the Ci(y and surrounding service'area: The CI subadBdde Giean Water State RevotVing Pend application forfiIn consideration in the spring bf2g21.'Ihe Cltywa>ecenion ofWater lnExas4dchd'e /wilsIll, .1pil[y th$t 1 the project was eUgiblc f4 XecelVe $20000001n 1ovi lnIsees[Cunding: L t 3. Scope ofServrces I a' The scope ofsernces maylndtalI'lle EnpmeeringrepoFf yssess)nent,design J?f)'rmltingconsttructtont j admin, and oversight! 7hepr6p6scd project consists pftheassessment of approxuna�ely6A00 LP of +< 15-Inch, 90ULP of12=Inch 2900 T.Pof101orlr; azxd 29 obO LF bfB _inch aping sanj(arysegel andy� approximately too manholes using acombinat{oq of CCTVfendvlsu211nspecUoi>..rlhe assessment is anticipated to result In tlie tldena,6 it'noESpb`s4'a`tiUal dafects vsiiltlng [n the xehabBntahon of appxoxlidately 4;i7$'LF of 15: midi, 750 LP of 10 i4cly 21750 LF of 8-inch aging'ssat tary aexyet acid appmximatdy 50 manholes,- 4, Contents of Qualifications ti A. Name of Firm t t B,E<ocalion ofoifice performingthe Work + ' 1 •O BCleflx(story6 firm ` - ` ; t D. General water and Sewer engmcertag experience E. Pr6' de3 refentsetiver collecfcon systemrehabr(ItaU'' pio)i - 7ndlcstehotglheprojectwasfunI d t (gran& lo4al Loan Etc) t t' `. ,. 1' t F l s r s rNL`Is(pfp4xsoaneildtie lnvolXedln the ptojecta briUdeiscxiptlon,gfdretr quallflcatlons andprolcgr('t ^� i respugsrbnhdes, F i ec G In dccordance thl�CGS la36431;DO NOT'INCLY1DH Lump Sum or Not to=Bxceedpxlclvg for ';' services' i ` it. t S Evaluation Cr(teda )':.. � { �'. � %;, t - A Qdaiificahons recelvea by the deadhncandprepared to accordance ydth APQ laskructionS will be t revieiyed to determind the level of ¢e[yrce and dv",' ence consldYreal most advantageous to :.e.i t 'Ihe Gi�y,syill eelec�t fl%e Consultant constd�exed 7nnst gdalified to probtde the desired ieYcl ofseri?ce consldenttlon fox the lo}i term xnterest of the Citys needs"r rt tt Tor it i. B 7ite,City,iA select the beestqual fted"firm based or;mate tdeoustxd'cbmpetencc and quallfica4ons4nthout, regard In fee tt C rcr selectibnoft}iebu`t quallfiedfirm to meet the;Ctt}�s needs' the City shall negotiate a fair and r t reasopable fee with the firm foF the desLXed leve(of, service �'r ' t 't ' � ` ' �. 1 I), Propdsals willbe revieryedbyCt(tysta$familiar4iith the excsting facilities in accordance with tjtelr following crrtena � ` � t Generei QuaUfi<atlons Colnpetencd &1lepntakion ofFirm t S i ` �, { J Stalfqualificalions did s(abWly offirmi t .' '• � '` r �; +t ' . i Projeefs[o jUugtiate;eom�eieucc,Jn'apj?llcable municipal water and wastewater enginear(ng'+ trndeXstandfnggnd:execption ofgrantlloan re�lu�eingnts I . i Re u'tatZodvtilh p.de ous P VI i t nxperje'nce oflnyrilved Stag > } .� Fxpe51en4e;tytttx smlar typepxpjectss, 'Keypersorinel •+ roles and experience , '! Availability Abiltty to provtdehccess to quahfieaproJec[ tearer members on a copman basis _ t {tMR to eommlVavaiable reso'ilrc@s to Ilse project t Y� ,..;t t N, t. i 6 Submisgioh Information T I' tt j A In,$le fink PPDFI e sl`n (10 pace maklmmn)of[tie RPQ 7eSponse',`mus1 be recejved by emaitat 1 hvWteiissradmn tic arg tin or befoxe200FM Sey[emberl k t Submitto:Temmy WIDiams Gty Clerk i City ot'Dunq 1 hvNlamsrddunn-dcorg AFFP RFQMASTEWATF_R COLLECTION Affidavit of Publication STATE OF NC) SS COUNTY OF HARNETT ) The Undersigned, being duly sworn, says: That she is Representative of the The Daily Record, a daily newspaper of general circulation, printed and published In Dunn, Harnett Couhty, NC; that the publication, a copy of which Is attached hereto, was published in the said newspaper on the following dates: August 06, 2021 This newspaper Is qualified for legal advertising in accordance with N.C.G.S. 1-597 AND 1-598 That said newspaper was regularly issued and circulated on those dates. SI D: & _ Representative f Subscribed to and sworn to me this 6th day of August 2021. Harnett County, NC My commission expires: July 23, 2022 00032194 00058932 Classifieds/Legals CITY OF DUNN PO BOX 1065 DUNN, NO 28335 V �QQ-.ys\o��i�o.aoir2oa,,0 u �:o..NOtARY s,°.. :s ,V a ° WithersRavenet Our People. Your Success. September 8, 2021 City of Dunn P.O. Box 1065 Dunn, North Carolina, 28335 Attn: Steven Neuschafer RE: WR Project 06190851.07 Agreement for Professional Services City of Dunn CWSRF Sewer Rehabilitation Dear Mr. Neuschafer: WithersRavenel is pleased to provide this Agreement for Professional Services to the City of Dunn for the Dunn CWSRF Sewer Rehabilitation project. If you have any questions or concerns about the agreement, please do not hesitate to call me at the number listed below. Sincerely, WithersRavenel Leonard McBryde III, PE Senior Project Manager 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office:910.256.9277 1 Direct:919.238.0424 Mobile: 984.365.0528 Imcbryde@withersravenel.com Attachment: Agreement for Professional Services 219 Station Road, Suite 1011 Wilmington, NC 28405 910.256.9277 1 Fax: 919.467.6008 1 www.withersravenel.com I License No. C-0832 Asheville I Cary 1 Greensboro I Pittsboro I Raleigh I Wilmington 410 WithersRavenel MiloOur People. Your Success. City of Dunn CWSRF Engineering Services Agreement for Professional Services A. Project Description The City of Dunn (herein referred to as "CLIENT") has received a Clean Water State Revolving Fund (CWSRF) loan from the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) in the amount of $2,000,000 for the rehabilitation/replacement of approximately 6,400 LF of 15-inch Gravity Sewer Mains, 900 LF of 12-inch Gravity Sewer Mains, 2,900 LF of 10-inch Gravity Sewer Mains 29,000 LF of 8-inch Gravity Sewer Mains, and 100 Manholes. Professional Engineering Services for compliance with the CWSRF program are being provided under this Agreement by WithersRavenel (herein referred to as "CONSULTANT"). The funding program requires projects to be awarded for construction within 24 months of the date of the Letter of Intent to Fund (LOIF). Specific project milestones are as follows: • o- ®. Engineering Report (ER) / Environmental Information 12/01/2021' Document (EID) Submittal to DWI Engineering Report Approval by DWI 05/02/2022 Bid and Design Package Submittal to DWI 11/0312022' Bid and Design Package Approval by DWI 03/01/2023 Advertise Project, Receive Bids, Submit Bid Information and 07/03/2023 Receive Authority to Award Executed Construction Contract(s) 08/01/2023 Engineering services to be provided include an engineering report / environmental information document, surveying, design/bid package, permitting, bidding, and funding administration as part of the administration, engineering, and construction line items as presented by the preliminary budget in the project's funding application. Scope and costs of each are shown as separate costs in this Agreement. Task 1- Engineering Report and Environmental Information Document (ER/EID), Task 2 - Due Diligence/Project Management, Task 3 - CCTV & Manhole Assessments, Task 4 - Survey and SUE, Task 5 - Design, Task 6 - Bidding Phase, and Task 7 - Funding Administration shall occur upon Notice to Proceed from the CLIENT, City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 1 of 9 410 WithersRavenel lipOur People. Your Success. B. Scope of Services Task 1 - Engineering Report and Environmental Information Document (ER/EID) A. CONSULTANT will review provided project information from the CLIENT, the funding application, CWSRF award, and budget, and develop a basis of design for the project conforming to the DWI CWSRF award and conditions. B. CONSULTANT will attend one (1) kickoff meeting/site visit (or virtual meeting) with the CLIENT to discuss the project and preparation of the ER/EID. C. CONSULTANT will prepare the ER/EID in accordance with the "Guidance for the Preparation of Engineering Reports and Environmental Information Documents for Collection System Projects" as published by DWI which will include the following information: b Executive Summary b Current/Future Situation b Need and Purpose b Alternative Analysis (Alternative Description/Present Worth Analysis) ® Proposed Project Description b Financial Analysis b Project Area Map(s) I> Analysis of anticipated direct, secondary, and cumulative environmental impacts, as applicable, regarding the federal and state resource categories to achieve compliance. b Identification of any environmental mitigative measures to be implemented during project construction. b Distribution of project information and anticipated environmental impacts to appropriate consulting agencies (such as the State Environmental Clearinghouse) as needed. I> Addressed comments from the public and consulting agencies, as needed. D. CONSULTANT will submit the ER/EID to the DWI for review by in accordance with the award schedule. E. CONSULTANT will incorporate any DWI review comments and resubmit to DWI for approval in accordance with the award schedule. CONSULTANT will furnish one (1) hardcopy and one (1) digital copy of the approved ER/EID to the CLIENT. Task Z - Due Diligence / Project Management A. Evaluate available documentation of the sanitary sewer system including previously collected Geographic Information System (GIs) data, Closed -Circuit Television Video (CCTV) data, manhole assessment data, and previous studies. B. Perform a site visit documenting the existing field conditions, degree of sedimentation in line, identify any constructability issues, verify measurements pertaining to rehabilitation or replacement quantities, determine requirements related to service line reinstatements, and note any project requirements. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 2 of 9 40 WithersRavenet hipOmPeople. Your Success. C. Prepare maps and worksheets to facilitate the necessary fieldwork and data gathering related to the project. D. Schedule a kickoff meeting with CLIENT to determine the acceptable methods of rehabilitation or replacement, determine the availability of needed data, determine the availability of CLIENT specifications and construction details, and develop a project schedule for construction. E. Manage the project by keeping the CLIENT regularly informed of progress, providing over- sight of the production tasks, and managing the monthly billing and invoicing for the project. Task 3 - Closed -Circuit Television Video and Manhole Assessments CONSULTANT will provide the following CCTV and Manhole Assessments tasks. A. Perform CCTV assessment of the sewer system to verify connectivity and the existence/location of any active service laterals. B. Perform manhole assessments of affected manholes in accordance with Level I Manhole Assessment Certification Program (MACP) standards. C. CONSULTANT will provide the CCTV and manhole assessments using a subconsultant selected for the services that will develop National Association of Sewer Service Companies (NASSCO) standard reports. D. Review of analyze footage of reports. E. CLIENT will be responsible to provide a 2-inch hydrant meter and water at no cost the CONSULTANT. F. CLIENT is to provide site for debris removal/disposal at no cost the CONSULTANT. G. CLIENT shall have cleared and accessible easements. Task 4 - Survey and SUE A. CONSULTANT will perform a locate survey along the project route, if needed, to establish sewer layout and to pick up manhole depth and location of all pertinent planimetric features and field markings provided by CONSULTANT's Subsurface Utility Engineering (SUE) staff. All surveys will be based on North American Datum (NAD) 1983 State Plane Coordinates and will be listed on plan sheets. Manhole surveys will include determining the diameter and material of those pipes seen in the structure. B. Horizontal locations will be based on NC State Grid, NAD'83 (2011) and Vertical control will be based on North American Vertical Datum (NAVD)'88. C. CONSULTANT will prepare any needed easement plats for purchase and recordation. D. If Needed Per CCTV Analysis I. Perform Level B SUE field investigation using Electromagnetic (EM) and Ground Penetrating Radar (GPR) to designate utilities along the project corridor(s). Mark all utilities in accordance with American Public Works Association (APWA) guidelines using marking paint and/or pin flags. Provide a detailed sketch to the survey crews to use as a City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 3 of 9 40 WithersRavenet lipOur People. Your Success. reference while locating all the Level B SUE paint. This information will be incorporated into project drawings as needed. ii. Perform Level A SUE (test holes by vacuum excavation) to determine information such as size, depth, and material on critical utilities. All test hole locations will be conventionally surveyed and incorporated into project drawings. Appropriate traffic control measures will be used where required. This Agreement assumes ten (10) test holes and 40 hours of traffic control. iii. Remaining critical utilities (water, storm drains, gas, electric, etc.) within the project area will be surveyed as needed to determine their location (XYZ) to horizontal and vertical accuracy of Class A survey. Task 5 - Design Based on the data and other information developed as part of the preceding Tasks, CONSULTANT will perform the design services that include the following sub -tasks. A. CONSULTANT will conduct a review of compiled data including the CCTV footages, manhole assessments, mapping, surveys, and SUE. B. CONSULTANT will evaluate collected data to determine appropriate methods of manhole and pipeline replacement or rehabilitation. The preferred method of rehabilitation will be Cured -In -Place Pipe (CIPP), combined with some point repairs. In the event the revealed defects indicate that CIPP is unsuitable, other methods of rehabilitation will be utilized including dig -and -replace, cured -in -place liners, slip lining, pipe bursting [High Density Polyethylene (HDPE), Polyvinyl Chloride (PVC) and/or Ductile Iron Pipe (DIP)) as well as cementitious lining and high-performance coatings for manhole rehabilitations. C. CONSULTANTwill considerthe necessary logistics for maintaining water and sewerservice to minimize interruption to service. D. Once the above has been completed, CONSULTANT will meet with the CLIENT to discuss the design and construction approach options identified with a goal of determining the design approach on which to develop the drawings. E. CONSULTANT will prepare plans and specifications for the project. The following sub - tasks will be completed by the CONSULTANT: a. Prepare 60% Plans/Technical Specification Table of Contents, 90% Plans/Technical Specifications, and Final Plans/Technical Specifications for the project. The CLIENT will provide review comments at each stage. 60% Plans/Technical Specification Table of Contents: Plans will include a cover, general notes, plan sheets, project -specific details, and standard project details. 90% Plans/Technical Specifications: Contract Documents reflecting review comments in the 60% stage from the CLIENT. Final Plans/Specifications: Contract Documents reflecting review comments in the 90% stage from the CLIENT. b. The CONSULTANT will attend one (1) review meeting after the 60% submittal and one (1) review meeting after the 90% submittal with the CLIENT. The CONSULTANT will prepare meeting summaries. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 4 of 9 40 WithersRavenel lipOur People. Your Success. F. Submittal to DWI a. Upon approval by the CLIENT, the CONSULTANT will submit Final Plans/Technical Specifications to DWI for approval. b. The CONSULTANT will address and incorporate review comments from DWI and re- submit to DWI for final approval. G. Opinion of Construction Cost (OCC) a. The CONSULTANT will prepare and submit to the CLIENT OCC for the project based on the plans and specifications at the 60% and Final submittals. E. CONSULTANT will coordinate design efforts with NCDOT and other applicable permitting agencies with the goal of expediting the permit approvals necessary for the installation. Task 6 - Bidding Phase Upon receipt of written authorization from the CLIENT, CONSULTANT will perform the bidding services that include the following sub -tasks. This Task assumes a single bid process. Additional and/or multiple bids shall be considered Additional Services. A. Bid Advertisement 1. CONSULTANT will assist the CLIENT in advertising the project for competitive formal bids. This will include preparing the "Notice to Bidders" for use by the CLIENT for advertising in local newspapers, plan rooms, and the CLIENT's website. 2. CONSULTANT will provide CLIENT electronic copies of construction documents for advertisement and bidding. B. Pre -Bid Meeting 1. CONSULTANT will conduct Pre -Bid Meeting with CLIENT, DWI, prospective bidders, and material suppliers. CONSULTANT will prepare the agenda, take notes, and prepare a summary report of the meeting for distribution. 2. CONSULTANT will manage the project addendums. After the Pre -Bid meeting, CONSULTANT will issue an Addendum with the Pre -Bid Meeting Summary. During the bidding phase, CONSULTANT will issue additional addenda as deemed necessary by CONSULTANT and/or the CLIENT. C. Bid Opening 1. CONSULTANT will attend the bid opening, prepare the bid tabulation documents, open bids, and read into record, as well as discuss the bid results with the CLIENT. 2. CONSULTANT will tabulate the bids and issue an opinion to the CLIENT as to the responsive and responsible low bidder for the project. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 5 of 9 40 WithersRavenel Our People. Your Success. Task 7 - Construction Administration As construction administration and review services are requested by the Client, Client agrees that such administration, review, or interpretation of construction work or documents by Consultant shall not relieve any contractor from liability regarding its duty to comply with the engineering standards for the Project and shall not give rise to a claim against a contractor's failure to hold in accordance with the applicable plans, specifications, or standards. 1. Execution of the Construction Contract Under this task, the Consultant will assemble the contract documents for and assist the Client with the execution process between the Contractor and the Client. 2. Pre -Construction Conference The Consultant will attend a Pre -Construction Conference. At the pre -construction conference, procedural guidelines and specific Project requirements will be discussed with the Contractor. Among the items to be addressed are correspondence distribution, shop drawing and scheduling procedures, Notice -to -Proceed date, critical schedule requirements, payment procedures, staging areas, emergency procedures, survey control requirements, quality control procedures and requirements, and coordination with quality assurance testing. The Consultant will prepare and provide a meeting summary to the Client and the Contractor. The Contractor shall be responsible to provide its Sub Contractors with the meeting summary(s). 3. Construction Contract Administration The Consultant will act on behalf of the Client and act as its representative during the 180-calendar day construction period. The Consultant will provide contract administration required for the Project, including: Carry out the duties and responsibilities as the Consultant as stated in the General Conditions and Supplemental Conditions of the construction contract; on behalf of the Client, the Consultant shall administer the construction contract, respond to Contractor correspondence, issue instructions from the Client, and maintain a complete document file for the Project. Documents to be maintained include, but are not limited to: a) Correspondence, b) Quality Control Procedures, c) Construction Observation Records, d) Shop Drawing Schedule, e) Shop Drawing and Submittal Log, f) Change Orders, g) Scheduling, h) Project Meetings, i) Costs And Disbursement Data, and j) Progress Reports. Consultant will supervise and manage the work performed by the Resident Project Representative (RPR) during construction. 4. Progress Meetings/Site Visits During the 180-calendar day construction period, the Consultant will hold monthly progress meetings from Notice -to -Proceed through Substantial Completion. In these City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 6 of 9 40 WithersRavenel lipOur People, Your Success, meetings, the Client, Consultant, and the Contractor will address such items including but not limited to: schedules, coordination problems, design issues, construction issues, pending change orders, outstanding shop drawings and other submittals, procurement delays, material or construction issues, and other issues related to completion of the Project. Based on on -site observations by the Consultant and RPR, Consultant will keep the Client informed of the progress of the work and may recommend to the Client to disapprove or reject work that does not to conform to the Contract Documents. 5. Shop Drawing and Submittals Review The Consultant will review and respond to Shop Drawings and submittals which the Contractor is required to submit for conformance with the design concept and compliance with the information given in the Contract Documents; The Consultant will transmit one copy of shop drawings to the Client with written comments. Included in the shop drawing review is the assessment of alternates proposed by the Contractor. Alternate requests will be reviewed for conformance with the Contract Specifications. This subtask assumes the review and response to up to twelve (12) sets of Shop Drawings and up to twelve (12) reviews and responses to other submittals. 6. Review Pay Requests Based on the on -site observations, information provided by the RPR, and review of the applications for payment and the accompanying data and schedules, the Consultant will assess the percentage of Project completion by the Contractor and recommend payments to the Contractor in the appropriate amount. By recommending payment, Consultant shall not thereby be deemed to have represented those observations made by Consultant 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 have involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. Neither Consultant's review of Contractor's Work for the purposes of recommending payments nor Consultant's recommendation of any payment including final payment will impose on Consultant 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. Change Orders and Time Extensions The Consultant will provide contract administration services in connection with changes to the construction contract that reflect minor changes or deletions requested by the Client, the Consultant, or the Contractor. The Consultant will maintain a listing of additional costs and credits as a result of change orders. Client agrees to review change orders prepared by Consultant and issue a directive on its opinion of the change order in writing. Larger changes or claims asserted by the Contractor and/or redesigns, analyses, or evaluation that are beyond the scope of this Scope of Services or required through no fault of the Consultant, requested by the Client or Contractor, shall be considered Additional Services. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 7 of 9 40 1/VithersRavenel Our People. Your Success. 8. Final Walk -Through and Certification The Consultant will conduct a walk-through review with the Contractor and the RPR to determine if the Project has reached substantial completion and prepare a punch list of work items needed to meet final completion. After the Contractor has addressed the items in the punch list, the Consultant will conduct one final walk- through review to determine if the work is acceptable and is in substantial conformance with the drawings and specifications to the best of the Consultant's knowledge. Once the Consultant and Client deem the work to be acceptable and in substantial conformance with the drawings and specifications (to the best of the Consultant's knowledge), the Consultant can provide written notice of such to the Client. Additionally, the Consultant can recommend final payment to Contractor as appropriate. Additionally, the Consultant can certify that the Project was built within substantial conformance with the drawings and specifications (to the best of the Consultant's knowledge), but only if: a) Consultant has been allowed to observe construction activities, startup, and testing which he deems appropriate. b) Consultant determines that his observations support that the construction was carried out satisfactorily. c) Known nonconforming construction has been satisfactorily corrected. 9. Prepare Record Drawings Using redline drawings, construction survey, and other information prepared by the Contractor and the RPR, the Consultant will prepare Record Drawings for the Project. 10. Post -Construction Phase Upon written authorization from Client during the Post -Construction Phase, Consultant shall: a) Together with Client, 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 Client in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. b) Together with Client, 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) The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified, will terminate twelve months after the commencement of the Construction Contract's correction period. Task 8 - Construction Observation The Consultant can provide resident project representative as an optional service to the Client. The duties are as follows: 1. Observe if construction is proceeding according to the Drawings and Specifications. City of Dunn CWSRF Engineering Services WR Project No, 06190851.07 Page 8 of 9 40 WithersRavenel INSOur People. Your Success. 2. Document the work in daily field observation reports. 3. Document weather conditions as well as the ability of the Contractor to perform the work. 4. The Task assumes that full time observation will be required during critical stages. Non -critical stages of construction that include activities such excavating existing lines, clearing, stripping, erosion and sediment control, miscellaneous grading, and seeding when only periodic observation may be warranted. 5. The effort for this Task is based on a eight (8) hour work week during the first two months of construction, followed by (16) hour work weeks until substantial completion and then eight (8) hour work weeks until final completion. If the Contractor desires to work on weekends the additional RPR effort and expenses shall be considered additional services. 6. Utilizing the assumptions discussed above, the Consultant has estimated that approximately 300 RPR hours will be required. The Consultant will be paid for the actual number of RPR hours worked at an hourly fee of $110/hour, which includes expenses. The Consultant has no control over inclement weather, the sequence, productivity, and, most importantly, the timing with which the Contractor will complete the work, and thus the number of field observation hours may differ from the 300 hours estimate. The Consultant will only be paid for the actual number of RPR hours worked. A day-by-day log will be kept of RPR hours so that the Client can track the expenditure of these hours. If conditions of the Contract or the scope of the work defined in the Contract between the Contractor and the Client is modified, such that the contract time is extended, then the Consultant reserves the right to negotiate an increase in the budget for this task. E. If, through no fault of Consultant, such periods of time or dates are changed, or the orderly and continuous progress of Consultant's services is impaired, or Consultant's services are delayed or suspended, then the time for completion of Consultant's services, and the rates and amounts of Consultant's compensation, shall be adjusted equitably. Standards of Performance 1. Consultant shall not at any time supervise, direct, control, or have authority over any Contractor's work, nor shall Consultant have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Contractor to comply with Laws and Regulations applicable to that Contractor's furnishing and performing of its work. Consultant shall not be responsible for the acts or omissions of any Contractor. Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's, failure to furnish and perform the Work in accordance with the Construction Contract Documents. 3. Consultantshall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Consultant or its Consultants. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 9 of 9 40 WithersRavenel lipOur People. Your Success. Task 9 - Funding Administration Upon receipt of written authorization from the CLIENT, CONSULTANT will provide the following funding administration tasks: A. General Administration and Financial Management 1. Attend the project kick-off meeting with DWI to review CWSRF loan requirements. 2. Complete paperwork including State assurances, progress reports, monitoring report forms, and others as required by DWI for the project. 3. Assist in requisition payment requests and compile necessary supporting documentation for the CLIENT to review, execute, and submit to DWI. 4. Act as liaison between the CLIENT and DWI. 5. Provide ongoing technical assistance regarding CWSRF regulations and DWI requirements. 6. Assist the CLIENT in close-out procedures and paperwork. B. Project Implementation 1. Provide oversight and guidance of procurement procedures in accordance with DWI requirements and applicable federal and state regulations. 2. Assist the CLIENT in complying with regulations regarding property acquisitions and easements, if necessary. 3. Conduct coordination sessions with the project engineer, Construction Administrator and Construction Observer, CLIENT, DWI, and construction Contractor. 4. Obtain federal wage decision(s) from the U.S. Department of Labor website. 5. Provide quality control and quality assurance reviews with the project engineer and Construction Administrator in the creation of bid documents, solicitation of bids, pre - bid meeting, review of bids, assembly of construction contracts, and pre -construction meeting to comply with state and federal regulations, including minority business recruitment. 6. Support the CLIENT to complete necessary construction -related public notifications. 7. Work with the CLIENT to ensure compliance with all DWI guidelines during design, bidding, and construction. 8. Confirm debarment clearance for all contractors for the CLIENT to verify. 9. Participate in the pre -bid and pre -construction meetings by presenting CWSRF guidelines and discussing what will be expected from DWI during the course of the project. 10. Conduct reviews of weekly certified Davis -Bacon payrolls (for up to 10 total Contractors/Subcontractors under Basic Services and based on an estimated construction time period of twelve (12) months). 11. Compare the federal prevailing wage decision(s) to the certified payrolls, timesheets, and supporting documentation to identify potential issues, follow up on any discrepancies. 12. Conduct at least one set of employee interviews with each trade represented on -site for Davis -Bacon compliance, until a representative of trades and construction phases are obtained (for up to 10 total Contractors/Subcontractors under Basic Services and based on an estimated construction time period of twelve (12) months). 13. Obtain construction inspection reports and photos from the Construction Observer to verify Davis -Bacon compliance, as needed. 14. Work with the CLIENT to prepare all necessary Davis -Bacon paperwork needed for inspections. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 10 of 9 410 WithersRavenel VAPOur People, Your Success. 15, Assist in processing construction Contractor payment requests approved by the Construction Administrator and CLIENT, to be submitted to DWI. C. Additional Services Services that are not included in the Scope of Services or are specifically excluded from this Agreement shall be considered Additional Services. CONSULTANT will furnish or obtain from others Additional Services if requested in writing by the CLIENT and accepted by CONSULTANT. Additional Services shall be paid by the CLIENT in accordance with the Fee & Expense Schedule outlined in Exhibit II. ® Surveying and SUE Services other than specified I> Boundary Surveying k Construction Staking V Archeological Assessments P State Historical Preservation Coordination ® Individual 404 Permit Application ® Material Testing D. Client Responsibilities During the performance of CONSULTANT's services under this Agreement, the CLIENT will: ® Designate a person to act as the CLIENT's representative with respect to the work to be performed under the Agreement. Such person shall have the authority to transmit instructions, receive information, and interpret CLIENT policies. I> Attend pre -bid meeting, bid opening, pre -construction meeting, monthly construction progress meetings, and other meetings between CONSULTANT, construction contractor, and DWI to facilitate clear communication amongst all project parties. 6 Provide any information needed not specifically addressed in the Scope of Services. I> Provide all available information pertinent to the project, including any GIS information, reports, maps, drawings, and any other data relative to the project. ® Examine all proposals, reports, sketches, estimates and other documents presented by CONSULTANT and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of CONSULTANT. I> Give prompt written notice to CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the project; and D Pay all permit/review fees directly. ® Handle matters requiring an attorney at law. Any changes to the project after CONSULTANT have begun work may require additional fees. E. Compensation for Services A. Lump Sum Fee CONSULTANT proposes to provide the Scope of Services previously outlined on a lump sum fee basis with a budget as described in the following table. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. City of Dunn CWSRF Engineering Services WR Project No, 06190851.07 Page 11 of 9 40 WithersRavenet hipOur People. Your Success. 1 Engineering Report and Environmental Information Documentation (ER/EID) $40,000 2 Due Diligence / Project Management $15,500 3 CCTV and Manhole Assessments* $141000 4 Survey and SUE $25,000 5 Design; $97,000' 6 Bidding Phase $15,500 7 Construction Administration $30,000 9 Funding Administration $15,000 Total + $379,000 *CCTV is budgeted at $3.50 per linear foot. Heavy cleaning is an additional $1 per linear foot and not included in the above value. 1. CONSULTANT may alter the distribution of compensation to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the CLIENT. 2. The Lump Sum includes compensation for CONSULTANT's services. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead and profit. 3. CONSULTANT will bill the CLIENT for subcontract expenses based on the unit prices charged for each class of work that has been accepted plus 15%. 4. The portion of the Lump Sum amount billed for CONSULTANT's services will be based upon CONSULTANT's estimate of the percentage of the total services completed during the billing period. B. Hourly Fee Consultant proposes to provide the following Scope of Services previously outlined on an Hourly basis with an estimated budget as described in the table below plus expenses. Compensation shall not exceed the total estimated compensation amount unless approved in writing by Client. Client shall pay Consultant for Basic Services by an amount equal to the cumulative hours charged to the Project based on Standard Hourly Rates as shown in Exhibit II - Master Fee Schedule, plus Reimbursable Expenses and Consultant's charges, if any. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 12 of 9 410 WithersRavenel lipOur People. Your Success. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Consultant that the total compensation amount thus estimated will be exceeded, Consultant shall give Client written notice thereof, allowing Client to consider its options, including suspension or termination of Consultant's services for Client's convenience. Upon notice, Client and Consultant promptly shall review the matter of services remaining to be performed and compensation for such services. Client shall either exercise its right to suspend or terminate Consultant's services for Client's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Consultant, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Client decides not to suspend the Consultant's services during the negotiations and Consultant exceeds the estimated amount before Client and Consultant have agreed to an increase in the compensation due Consultant or a reduction in the remaining services, then Consultant shall be paid for all services rendered hereunder. C. Total Additional Professional Services Fees 1 Engineering Report and Environmental Information Documentation (ER/EID) $40,000 2 Due Diligence / Project Management $15,500 3 CCTV and Manhole Assessments* $141,000 4 Survey and SUE $25,000 5 Design $97,000 6 Bidding Phase $15,500 7 Construction Administration ` $30 000 8 Construction Observation (Hourly) $81,000 9 Funding Administration $15,0001 Total Compensation $460,000 F. Timeline for Services The professional services described herein shall be completed and submitted per the milestones set by CWSRF "Letter of Intent to Fund" referenced in Section A. The services of CONSULTANT are commenced on the effective date of this Agreement. All services shall be completed in not more than twenty-three (23) months from the date of the Agreement unless an extension of time is granted by the CLIENT and DWI. City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 13 of 9 410 WithersRavenet Our People, Your Success. G. Acceptance Receipt of an executed copy of this Agreement will serve as the written agreement between CONSULTANT and CLIENT for the services outlined. Submitted by Consultant: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 [ Digitally signed by Kevin `. Eason tj Data: 2021.09A8 Authorized Signature Kevin Eason PE Printed Name Denartment Head Utilities Title 9/8/2021 Date ATTEST. (Signature) (SEAL) Accepted by Client: City of Dunn P.O. Box 1065 Dunn, North Carolina, 28335 Authorized Signature Printed Name Title Date (Printed Name of Clerk) (Date) PRE -AUDIT CERTIFICATION: This instrument has been preoudited in the manner required by the Local Government Budget and Fiscal Control Act (N.C.G.S. 159-28(a)). (Signature) (Printed Name of Finance Officer) (Date) ATTORNEY CERTIFICATION: Approved as to Form and Legal Sufficiency: (Signature) (Printed Name of Attorney) (Date) ATTACHMENTS: Attachment A - Certification of Non -Debarment Attachment B - E-Verify Affidavit Exhibit I - WithersRavenel Standard Terms and Conditions Exhibit II - WithersRavenel Fee & Expense Schedule City of Dunn CWSRF Engineering Services WR Project No. 06190851.07 Page 14 of 9 410 WithersRavenel RONOur People, Your Success. Al IMI.HMEN1 H CERTIFICATION OF NON -DEBARMENT A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. By entering into this Agreement, the CONSULTANT certifies that they nor any person or firm who has an interest in the CONSULTANT's firm is a person or firm ineligible to be awarded Government contracts by virtue of 29 CFR 5.12(a)(1), 2 CFR § 2424, 2 CFR § 180.220, and 40 U.S. Code § 3144. No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 29 CFR 5.12(a)(1), 29 CFR §5.12, 2 CFR § 2424, 2 CFR § 180.220, and 40 U.S. Code § 3144. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 and 18 U.S.C. 1010. 019 id, el9ned by KeNn E—n `Oale:2o21A96616p0:16 WithersRavenel, Inc (Authorized Signature) (Name of Contractor) Kevin Eason, PE Department Head Utilities 115 MacKenan Drive (Printed Name and Title) (Street Address and/or PO Box) 9/8/2021 Cary, NC 27511 (Date) (City, State, Zip Code) Fed ID 56-1740520 / DUNS 604477039 (DUNS, Tax Identification or Social Security Number) FOR CLIENT USE ONLY The Federal List of Parties Excluded from Federal Procurement or Non -procurement Programs (www.sam.gov) and State of North Carolina Debarred Vendors List (http•/Zncadmin,nc.gov/government- agencies/procurement/contracts/debarred-vendors) have been checked and the above contractor or subcontractor has been determined to be eligible to participate in this project. Attached is the documentation proving eligibility (websites printout). (Signature of Verifying Officer) (Client (Printed Name and Title) (Project Number) Attachment A - Certification of Non -Debarment Page 1 of 5 sal tp mam + Ent tylnformatibn All Entry Information Entity RegistoAtons plsaster RdSp0nSe Registry ENCINSunx niter By — Keywntds �tM1ersrnenel toration ^ Zip Code InPutxiP state(Pmvince I^Wheat �� Federal Debarment Search https://sam.gov/content/home sh-A" xafl—dids Wth rsRaveneh Ind. eAaWc DUNS unique,nC,lo "Ae Code SAFI Vnlyuu EntdyN SN6ECFIVVEX7 nevl¢p= p.ge ( I la of 1 i 410 WithersRavenet Our People, Your Success. sdnt, -. _-- Enuk RepJsinudn Fesl[alAddess Erplmtion Date Its MACkenan Ors CARY, 14C 27511 USA pee 4, Z0. niin.. rnduun.ksi DUNS Unique EntitylD Expiration Date Registration. Status 604477039 Dec 4, 2021 Active F—SAMIJ Unique Entity ID SKBECFTPUEH7 Purpose of Registration AUAwards CAGE/NCAGE BT6L1 PhysicalAddress Mailing Address 115 Mackenan DR 115 Mackenan DR Cary, North Carolina Cary, North Carolina 27511-7903, United States '27511-7903, United States - "The DUNS number is currently the official Unique Entity lD Version Current Record Attachment A - Certification of Non -Debarment Page 2 of 5 410 WithersRavenet kiloOur People. Your Success. ® BUSINESS INFORMATION Doing Business As Division Name (blank) (blank) URL Division Number wwmwithersraveneLcom cr (blank) State / Country of Incorporation Congressional District North Carolina, United States North Carolina 04 n Dates Activation Date Initial Registration Date Dec 7, 2020 Aug 21, 2020 Submission Date Dec4,2020 Dates Entity Start Date Fiscal Year End Close Date Apr 23, 1991 Dec31 Immediate Owner CAGE 8PQTG Highest Level Owner CAGE (blank) Executive Compensation Legal Business Name WITHERSRAVENEL, INC. EMPLOYEE STOCK OWNERSHIP TRUST Legal Business Name (blank) Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the rederal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Attachment A - Certification of Non -Debarment Page 3 of 5 WithersRavenel NOOur People. Your Success. Proceedings Questions Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR S2.209-7, FAR 52.209-9, or 2.C. F, R. 200 Appendix XI I. Their responses are not displayed in SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. SAM Search Authorization i authorize my entity's non -sensitive information to be displayed In SAM public search results: Yes ENTITYTYPES Types Entity Structure Corporate Entity (Not Tax Exempt) Organization Factors SubchapterS Corporation Ei FINANCIAL INFORMATION Accepts Credit Card Payments Yes Account Details EFT Indicator 0000 Ed POINTS OF CONTACT Business O f* Christopher C Bryant Government Business O 1* Kerry T Colwell Entity Type Business or organization Profit Structure For Profit Organization Debt Subject To Offset (What is this?) No CAGE Code 8TGL1 115 Mackenan Drive Cary, North Carolina 27511-7903 United States 115 Mackenan Drive Cary, North Carolina 27511-7903 United States Attachment A - Certification of Non -Debarment Page 4 of 5 40 WithersRavenel lipOur People. Your Success. NC Debarment Search https://ncadmin.nc.gov/documents/nc-debarred-vendors NC Debarred Vendors Associated FiLes Debarred Vendors 06.01.2021.docxG DOC • 7I.91 ga Download _ Debarred Vendors 06.01.2021.csvE TEXT • 16.74 go Do\�L for Name UCity, State UEffective Dal+ I Debarment Reason u _ olor �_ 12/14/20051NC EProcurement Fee Default Boone Drilingand Grading Mars Hdl, NC 1/14/2010'INCEProcurement Fee Default _ ins Fitness Equipment iSallsbury,.NC 4j29/2010INCE Procurement Fee Default _ Ington House lAlbany, GA 8/23/20021 Contract Default s Manufacturing, Inc. 1Conover, NC 1 9(14/20161 NCEProcurement Fee Default_ dvlew Trading Company_ (Alpharetta, GA _J_ 16/2211998 other _ ht Tool Company (Troy, MI 5/6/201010ther o Power Equipment Jackson, MS 2/1/2001 Contract Default x Neurodiagnosncs _ _ (Lone Tree, CO i,_ 9/1412016 NCEProcurement Fee Default L. Attachment A - Certification of Non -Debarment Page 5 of 5 ATTACHMENT B E-VERIFY AFFIDAVIT STATE OF NORTH CAROLINA COUNTYOF "K�. 140 WithersRavenel Our People, Your Success. (the individual attesting below), being duly authorized by and on behalf of Witl etsRavenel: tnc. (The entity bidding on project hereinafter "Employer') after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (Mark Yes or No) a. YES V _, or _ b. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This day of 5&Pte 0( /�Signature of ALL!ant: t'A`12.4 Print or Type Name: , ,.cCuAJ8�'�U,AyL�r4-- State of _. I�l C� County of _ JA Ql Signed and sworn to (or affirmed) before me, this the I _ day of. Wt.b✓, 2o21 My Commission Expirre�s: 3-16 -7t)Z - t JW rL � a (,c 11s o:3 d ALL000D ryy, /y 1.':�, Notary Public, North Carolina Wake County 1 1✓1 My Comm sslon Expires Attachment B - E-Verify Affidavit Page 1 of 1 40 WithersRavenel kipfJu, people, Your Success. EXHIBIT I Standard Terms and Conditions WithersRavenel, Inc. The proposal submitted by WithersRavenel, INC. ("CONSULTANT") is subject to the following terms and conditions, which form an integral part of the Agreement. By accepting the proposal, the services, or any part thereof, the CLIENT agrees and accepts the terms and conditions outlined below: 1. Payment: a) The CLI ENT will pay CONSULTANT for services and expenses in accordance with periodic invoices to CLIENT and a final invoice upon completion of the services. Each invoice is due and payable in full upon presentation to CLIENT. Invoices are past due after 30 days. Past due amounts are subject to interest at a rate of one and one-half percent per month (18% per annum) on the outstanding balance from the date of the invoice. b) If the CLIENT fails to make payment to the CONSULTANT within 45 days after the transmittal of an invoice, the CONSULTANT may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until all amounts due hereunder are paid in full. If an invoice remains unpaid after 90 days from invoice date, the CONSULTANT may terminate the Agreement. If Consultant initiates legal proceedings to collect the fees owed, Consultant shall also be entitled to recover the reasonable expenses of collection including attorney's fees. 2. Notificationof Breach or Default: The CLIENT shall provide prompt written notice to the CONSULTANT if CLIENT becomes aware of any breach, error, omission, or inconsistency arising out of CONSULTANT's services or any other alleged breach of contract or negligence by the CONSULTANT. The failure of CLIENT to provide such written notice within ten (10) days from the time CLIENT became aware of the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against the CONSULTANT arising out of such fault, defect, error, omission, inconsistency or breach. Emails shall be considered adequate written notice for purposes of this Agreement. 3. Standard of Care: CONSULTANT shall perform its services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS AGREEMENT, 4. Waiver of Consequential Damages/Limitation of Liability: CLIENT agrees that CONSULTANT's aggregate liability for any and all claims that may be asserted by CLIENT is limited to $50,000 or to the fee paid to CONSULTANT under this Agreement, whichever is greater. Both CLIENT and CONSULTANT hereby waive any right to pursue claims for consequential damages against one another, including any claims for lost profits. 5, Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANT's invoice to make payment in full for the services rendered by CONSULTANT. 6. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by the CONSULTANT as instrument of service, shall remain the property of the CONSULTANT. The CONSULTANT shall retain all common law, statutory and other rights, including the copyright thereto. In the event of termination of this Agreement and upon full payment of fees owed to CONSULTANT, CONSULTANT shall make available to CLIENT copies of all plans and specifications. 7. Change Orders: CONSULTANT will treat as a proposed change order any written or oral order (including directions, instructions, interpretations, or determinations) from CLIENT which requests changes in the Agreement or CONSULTANT's Scope of Services. If CONSULTANT accepts the proposed change order, CONSULTANT will give CLIENT written notice within ten (10) days of acceptance of any resulting increase in CONSULTANT's fees. 8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of CONSULTANT'S experience and qualifications and represent its reasonable judgment as an experienced and qualified professional familiar with the construction industry; but the CONSULTANT cannot and does not guarantee the proposals, bids or actual costs will not vary significantly from opinions of probable costs prepared by it. If at any time the CLIENT wishes assurances as to the amount of any costs, CLIENT shall employ an independent cost estimatorto make such determination. 9. Assignment and Third Parties: Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and the CONSULTANT and not for the benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests in this Agreement without the written consent of the other, which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent subconsultants as the CONSULTANT may deem appropriate to assist in the performance of services hereunder. 10, Project Site: Should CLIENT not be owner of the Project site, then CLIENT agrees to notify the site owner of the possibility of unavoidable alteration and damage to the site. CLIENT further agrees to indemnify, defend, and hold harmless CONSULTANT against any claims by the CLIENT, the owner of the site, or persons having possession of the site which are related to such alteration or damage. 11. Access to Site: CLIENT is responsible for providing legal and unencumbered access to site, including securing all necessary site access agreements or easements, to the extent necessary for the CONSULTANT to carry out its services. 12. Survival: All of CLIENT's obligations and liabilities, including but not limited to, its indemnification obligations and limitations of liability, and CONSULTANT's rights and remedies with respect thereto, shall survive completion, expiration or termination of this Agreement. 13, Termination: Either party may terminate the Agreement with or without cause upon ten (10) days advance written notice, if the other party has not cured or taken reasonable steps to cure the breach giving rise to termination within the ten (10) day notice period. If CLIENT terminates without cause or if CONSULTANT terminates for cause, CLIENT will pay CONSULTANT for all costs incurred, non -cancelable commitments, and fees earned to the date of termination and through demobilization, including any cancellation charges of vendors and subcontractors, as well as demobilization costs. WithersRavenel, Inc. Standard Terms & Conditions Page 1 Effective September 14, 2020 400 With rsR venel 109 Our People. Your Success. 14. Severability: If any provision of this Agreement, or application thereof to any person or circumstance, is found to be invalid then such provision shall be modified if possible, to fulfill the intent of the parties as reflected in the original provision. The remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by applicable law. 15. No Waiver: No waiver by either party of any default by the other party in the performance of any provision of this Agreement shall operate as or be construed as a waiver of any future default, whether like or different in character. 16. Merger, Amendment: This Agreement constitutes the entire Agreement between the CONSULTANT and the CLIENT and all negotiations, written and oral understandings between the parties are integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and the CLIENT. 17. Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences are encountered which affects or may affect the services, the risk involved in providing the service, or the recommended scope of services, CONSULTANT will promptly notify CLIENT thereof. Subsequent to that notification, CONSULTANT may: (a) if practicable, in CONSULTANT's solejudgment and with approval of CLIENT, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with CLIENT to modify the Scope of Services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or (c) Terminate the services effective on the date of notification pursuant to the terms of the Agreement. 18, Force Majeure: Should completion of any portion of the Agreement be delayed for causes beyond the control of or without the fault or negligence of CONSULTANT, including force majeure, the reasonable time for performance shall be extended for a period at least equal to the delay and the parties shall mutually agree on the terms and conditions upon which Agreement may be continued. Force majeure includes but is not restricted to acts of God, acts or failures of governmental authorities, acts of CLIENT's contractors or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather. 19. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 ("OSHA"). Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT's contractors, except with respect to CONSULTANT'S own employees, Likewise, CONSULTANT shall have no right to direct or stop the work of CLIENT's contractors, agents, or employees, 20. Dispute Resolution/Arbitration: Any claim or other dispute arising out of or related to this Agreement shall first be subject to non -binding mediation in accordance with the then -current Construction Industry Mediation Procedures of the American Arbitration Association ("AAA"). If mediation is unsuccessful, such claim or other dispute shall be subject to arbitration in accordance with the AAA's then -current Construction Industry Arbitration Rules. Any demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. CLIENT agrees to the inclusion in such arbitration (whether by initial filing, byjoinder or by consolidation) of any other parties and of any other claims arising out of or relating to the Project or to the transaction or occurrence giving rise to the claim or other dispute between CLIENT and CONSULTANT. 21. Independent Contractor: In carrying out its obligations, CONSULTANT shall always be acting as an independent contractor and not an employee, agent, partner or joint venturer of CLIENT. CONSULTANT's work does not include any supervision or direction of the work of other contractors, their employees or agents, and CONSULTANT's presence shall in no way create any liability on behalf of CONSULTANT for failure of other contractors, their employees or agents to properly or correctly perform their work 22, Hazardous Substances: CLIENT agrees to advise CONSULTANT upon execution of this Agreement of any hazardous substances or any condition existing in, on or near the Project Site presenting a potential danger to human health, the environment or equipment. By virtue of entering into the Agreement or of providing services, CONSULTANT does not assume control of, or responsibility for, the Project site or the person in charge of the Project site or undertake responsibility for reporting to any federal, state or local public agencies, any conditions at the Project site that may present a potential danger to the public, health, safety or environment except where required of CONSULTANT by applicable law. In the event CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally represented by CLIENT, CONSULTANT may suspend or terminate the Agreement. CLIENT acknowledges that CONSULTANT has no responsibility as a generator, treater, stoner, or disposer of hazardous or toxic substances found or identified at a site. Except to the extent that CONSULTANT has negligently caused such pollution or contamination, CLIENT agrees to defend, indemnify, and hold harmless CONSULTANT, from any claim or liability, arising out of CONSULTANT's performance of services under the Agreement and made or brought against CONSULTANT for any actual or threatened environmental pollution or contamination if the fault (as defined in N.C.G.S, 22B-1(f)(7)) of CLIENT or its derivative parties (as defined in N.C.G.S. 226-1(f)(3)) is a proximate cause of such claim or liability. 23, Choice of Law: The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the law of the State of North Carolina, excluding only its conflicts of laws principles. 24. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the applicable plans, specifications, and standards for the Project, and shall not give rise to a claim against CONSULTANT for contractor's failure to perform in accordance with the applicable plans, specifications or standards. 25. Field Representative: If CONSULTANT provides field services or construction observation services, the presence of the CONSULTANT's field personnel will only be for the purpose of providing observation and field testing of specific aspects of the Project. Should a contractor be involved in the Project, the CONSULTANT's responsibility does not include the supervision or direction of the actual work of any contractor, its employees, or agents. All contractors should be so advised. Contractors should also be informed that neither the presence of the CONSULTANT's field representative northe observation and testing by the CONSULTANT shall excuse contractor in any way for defects in contractor's work. It is agreed that the CONSULTANT will not be responsible for job or site safety on the Project and that the CONSULTANT does not have the right to stop the work of any contractor. 26. Submittals: CONSULTANT's review of shop drawings and other submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, techniques, or procedures of construction, including but not limited to, safety requirements. WithersRavenel, Inc. Standard Terms & Conditions Page 2 Effective September 14, 2020 40 i r l lipOur People. Your Success. Ingm Principal i $ 210 Client Experience Manager $ 195 Senior Project Manager $ 180 Project Manager $ 165 Assistant Project Mana er $ 150 Senior Technical Consultant $ 195 Senior Project En ineer $ 180 Project Engineer III $ 165 Project Engineer II $ 150 Project Engineer 1 $ 140 Staff Professional 111 $ 130 Staff Professional II $ 120 Staff Professional I $ 100 Lead Project Coordinator $ 125 Senior Proect Coordinator $ 110 Project Coordinator ll $ 95 Project Coordinator l $ 85 Senior Designer $ 145 Designer 11 $ 125 Designer 1 $ 115 Senior CAD Technician $ 120 CAD Technician II $ 100 CAD Technician 1 $ 90 Zonin S ecialist $ 230 Senior Landsca eArchitect $ 170 Landscape Architect 111 $ 155 Landscape Architect ll $ 140 _ Landscape Architect 1 $ 130 Landscape Designer II $ 120 Landscape Designer 1 $ 110 Senior Planner $ 160 Planner III $ 140 Planner 11 $ 120 Planner 1 $ 105 Planning Technician $ 95 EXHIBIT II Fee & Expense Schedule i Geomatics Principal $ 205 Geomatics Sr. Technical Consultant $ 190 Geomatics Senior Manager $ 180 Geomatics Proect Mana er II $ 150 Geomatics Project Manager 1 $ 140 Geomatics Project Professional II $ 145 Geomatics Project Professional 1 $ 130 Geomatics CAD III $ 115 Geomatics CAD 11 $ 100 Geomatics CAD 1 $ 80 Geomatics CIS Specialist $ 125 Geomatics GIs Technician III $ 110 Geomatics GIS Technician 11 $ 95 Geomatics GIS Technician 1 $ 80 Geomatics Remote Sensing Crew 11 $ 260 Geomatics Remote Sensing Crew 1 $ 185 Geomatics SUE Crew 2 $ 230 Geomatics SUE Crew 1 $ 165 Geomatics Survey Crew 111 3 Man) $ 205 Geomatics Surve Crew II (2 Man $ 165 Geomatics Survey Crew 1 $ 135 Surve Crew Member $ 65 Geomatics Survey Technician IV $ 110 Geomatics Survey Technician III $ 100 Geomatics Survey Technician 11 $ 75 Geomatics Surve Technician $ 45 e F&AM Principal Consultant $ 190 F&AM Senior Project Manager $ 175 F&AM Senior Technical Consultant $ 155 F&AM Project Manager $ 140 F&AM Proect Consultantil $ 105 F&AM Proect Consultant 1 $ 95 F&AM Staff Professional 1 $ 75 B Senior Construction Manager $ 160 Construction Manager 11 $ 140 Construction Manager I $ 130 Senior Resident Project Representative $ 120 Resident Project Representative III $ 110 Resident Project Representative II $ 95 Resident Project Representative 1 $ 80 l I® Principal $ 205 Environmental Sr. Technical Consultant $ 190 Environmental Project Professional V $ 175 Environmental Prqject Professionally $ 160 Environmental Project Professional III $ 145 Environmental Project Professional ll $ 135 Environmental Project Professional 1 $ 125 Environmental Staff Professional III $ 120 Environmental Staff Professional II $ 110 Environmental Staff Professional 1 $ 100 Environmental Technician II $ 95 Environmental Technician 1 $ 80 Senior Biologist/Wetlands Scientist $ 150 Biologist/Wetlands Scientist 111 $ 130 Biologist/Wetlands Scientist ll $ 120 Biologist/Wetlands Scientist l $ 110 Senior H dro eolo ist $ 170 Project Geologist II (Sr. Pro. Geologist) $ 145 Project Geologist 1 $ 125 Staff Geolo ist 11 $ 115 Staff Geologist 1 $ 105 Office Administrator 111 $ 105 Office Administrator ll $ 100 Office Administrator l $ 95 Marketing Administration $ 75 Administrative Assistant 111 $ 85 Administrative Assistant ll $ 75 Administrative Assistant l $ 65 Bond Prints Per Sheet $ 1.75 M lar Prints (Per Sheet) $ 11.00 Miiea e Per IRS Delivery - Project 5 ecific Distance & Priority) Subcontractor Fees (Marko ) 1,15 Expenses / Re rod. / Permits (Markup) 1.15 Effective January 1, 2021 - Schedule is subject to change Engineers I Planners I Surveyors DUNK _ a l i n o DUNN ® LINN blood All•AmericaCity it,. oY au;,,, AlhAmerieaCity 1 r City Council Agenda Form 1 1110. r ® cell ale. September , 1 1Y89 �20t3 (9897k 2013 SUBJECT TITLE: Consider Tentative Award for State Revolving Fund Project -Erwin Road 14-Inch Waterline Abandonment and E. Wake Street Water Line Replacement Presenter: Director Heather Adams Department: Public Utilities Description: Maps, Affidavit, Bid Tab, Engineer's Attachment: X Yes No Recommendation, Resolution, and Engineering Agreement Public Hearing Advertisement Date: PURPOSE: To consider tentatively awarding a construction contract for the abandonment of the 14-inch water line and the replacement of a waterline on E. Wake Street. BACKGROUND: The 14-inch water line along Dunn -Erwin Rd, was originally installed in 1920's and was the main transmission line into Dunn before the 16-inch and 24-inch water lines were constructed. Several years ago the 14-inch water line was abandoned from the Dunn Water Plant to the Black River Bridge on Dunn -Erwin Rd. However, the remaining section of 14" water line pipe is still active. The proposed project would begin near the intersection of Bruce Drive to just south of the intersection of S. Wayne Avenue and W. Cumberland Street. To mitigate the hazards associated with the age of the infrastructure and current alignment, the 14-inch line will be abandoned and 6-inch and 8-inch pipe will be installed in order to serve the affected areas. The new lines will be installed within the City's right of way and therefore ongoing maintenance and repairs will be possible. The second part of the project abandons an existing 2-inch water line along E. Wake from Carolina Drive to E. Johnson St. and replaces with a 6-inch water line for the purpose of meeting current design standards and providing fire flow. This would also include installing fire hydrants on the new water line. The bid opening was dully advertised on June 29, 2021 with a bid -opening on July 22, 2021. Three (3) bids were received with Jones and Smith Contractors, LLC being the lowest bid at $693,270. BUDGET IMPACT: Council accepted a loan of $875,750 in May 2020 for this project. With rising material and labor costs, the project came in right at budget leaving no contingency or funds for inspection and construction admin. Staff would recommend including construction admin and inspection services for this project along with some contingency. The Division of Water Infrastructure has indicated they will increase the loan by 10% upon receiving the request. This would bring the total Loan to $963,325 for 20 years at 1.89%. The annual payment is estimated to increase from $61,000 to $66,000/year and debt service is expected to begin 2022- 2023 RECOMMENDATIONIACTION REQUESTED: Motion to approve a resolution tentatively awarding a construction contract to Jones and Smith Contractors, LLC, in the amount of $693,270 including authorizing the City Manager to amend WithersRavenel's engineering agreement to include construction admin and inspection services and to request a 10% increase in the State Revolving Fund Loan for a total loan amount of $963,325. m 89 3 rn 0 N O] jn _�ppsrom W U c oai LL U � L L ❑ Q Q Q �U L � M1 .0 .O .O C a Q Q 1- � n no. •�i o >9� U A CITY OF DUNN ERW IN RD AREA 14-INCH W L ABANDONMENT AND WAST WAKE ST 2-INCH W L PROJECT W IthersRavenel Project R 03190092 Thursday, July 29, 2021 Contractor Base Bid Amount 1 Jones and Smith Contractors, LLC $ 693,270.00 2 JYMCO Constructin Company, Inc, $ 799,000.00 3 Sandhills Contractors, Inc. $ 1,023,824.00 $8 $ m 8 $ $$ E. $ 8$ 88 88 n$„ NaF, R d nA new mN�n C G C W U SSA $ S R a $ $8��� $ A ry ma �.+N F «Nnm�n ee 3 � « Fq �eN .NNNN «fn R 4 4 o 4 a o $ 8 3 F F8 S 8 �S 8M y 4$8 n rt e N=a va $$ 8 8S 8 04 �88888$4o $S$ „ gog v g 8S xV a"vN SrymEo gm fl F` P o a =a y '� a" 3 S e >^ a a 3W££ ¢ 89=n a. �- E E Sa�iS o3'�p Ja k � o�vy ZO g����� '��b'o nti.�8 a8Q3a2d`d as m�� Z Gf nnm north earollna UJJ,DuNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org RESOLUTION OF TENTATIVE AWARD Mayor William P. Elmore Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer WHEREAS, the City of Dunn, North Carolina has received bids, pursuant to duly advertisement notice therefore, for construction of the Erwin Road 14-inch Water Main Abandonment and East Wake Street 2-inch Water Main Project; and WHEREAS, the consulting Engineers, WithersRavenel, Inc., have reviewed the bids; and WHEREAS, Jones and Smith Contractors, LLC was the lowest bidder for the Base Bid, in the total amount of $693,270.00; and WHEREAS, the Consulting Engineers recommend Tentative Award to the lowest bidder. NOW, THEREFORE, BE IT RESOLVED that TENTATIVE AWARD is made to the lowest bidder in the Total Bid Amount of $693,270.00 Name of Contractor Jones and Smith Contractors LLC Upon motion of the above RESOLUTION was adopted. This is day of Attest: Tammy William, City Clerk Amount $693,270.00 seconded by 2021 William P. Elmore, Jr., Mayor (seal) 2,Tllere C0R7)1 nc MafferS 40 WithersRavenet lipOur People. Your Success. August 17, 2021 Heather Adams Public Utilities Director City of Dunn 101 E. Cleveland Street PO Box 1065 Dunn, NC 28335 RE: Bid Evaluation and Recommendation of Award - and East Wake Street 2-inch Water Main Project WR Project No. 03190092.00 Dear Ms. Adams: Erwin Road 14-inch Water Main Abandonment On Wednesday, July 29, 2021 at 11:00 am bids were received for the above referenced project. The intent of this letter is to present our evaluation of the bids and make a recommendation for award. EVALUATION OF BIDS The bid form was set up with a Base Bid. Three (3) bids were received with all submittals containing the Base Bid. The bids were opened and read publicly. Bidders included Jones and Smith Contractors, LLC., JYMCO Construction Company, Inc. and Sandhills Contractors, Inc. Jones and Smith Contractors, LLC, of Winterville, NC was the low bidder with a Base Bid amount of $693,270.00. A review of the bid submittal package for Jones and Smith Contractors, LLC. revealed that the bid was complete and the required supporting documentation was provided. RECOMMENDATION Based on our review of the bid tabulation, WithersRavenel experience with Contractor and references comments, WithersRavenel recommends that the City of Dunn award the contract (Base Bid) to Jones and Smith Contractors, LLC. WithersRavenel can be available to attend the Board meeting to answer any questions regarding the bidding and award of this contract. WithersRavenel appreciates the opportunity to continue to assist the City of Dunn. If you have any questions or need additional information, please call (919) 238-0424 and I will be glad to assist you. Sincerely, WithersRavenel Leonard McBryde III, PE Senior Project Manager Attachments: Certified Bid Tabulation 219 Station Road, Suite 1011 Wilmington, NC 28405 t: 910.256.9277 1 f: 910,256.25841 www.withersravenel.com I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington 410 others avenel hipOur People. Your Success. August 25, 2021 City of Dunn 101 E. Cleveland Street Dunn, NC 28334 Attn: Heather Adams RE: WR Project #03190092 Engineering Services Agreement City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake St 2-inch WL Project Dear Ms. Adams: WithersRavenel is pleased to provide this Agreement for Additional Professional Services City of Dunn for the City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake St 2-inch WL Project. If you have any questions or concerns about the agreement, please do not hesitate to call me at the number listed below. Sincerely WithersRavenet Leonard McBryde III, PE Senior Project manager Attachments: Agreement for Professional Services 219 Station Road, Suite 101, Wilmington, NC 28405 Phone: 919.238.04241 Fax: 91.9.467.6008 1 www.withersravenel.corn I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington I Southern Pines 40 Withers avenel lipOw'Peuple.YQW Suc1e1s. City of Dunn City of Dunn Erwin • Area 14-inch WL Abandonment Projectand East Wake St 2-inch WL Agreement •::..AdditionalProfessional This Agreement for Additional Professional Services incorporates additional tasks to the Original Agreement dated 8/23/2019 between City of Dunn (Client) and WithersRavenel (Consultant) for Construction Phase Services for the Erwin Road Area 14-inch Water Main Abandonment and East Wake Street 2-inch Water Main Project (Project). A. Project Description This Scope of Services includes Construction Administration and Construction Observation for the Project. B. Scope of Services 'Task sk 7 - Construction Administration A. As construction administration and review services are requested by the Client, Client agrees that such administration, review, or interpretation of construction work or documents by Consultant shall not relieve any contractor from liability regarding its duty to comply with the engineering standards for the Project and shall not give rise to a claim against a contractor's failure to hold in accordance with the applicable plans, specifications, or standards. 1. Execution of the Construction Contract Under this task, the Consultant will assemble the contract documents for and assist the Client with the execution process between the Contractor and the Client. 2. Pre -Construction Conference The Consultant will attend a Pre -Construction Conference. At the pre -construction conference, procedural guidelines and specific Project requirements will be discussed with the Contractor. Among the items to be addressed are correspondence distribution, shop drawing and scheduling procedures, Notice -to -Proceed date, critical schedule requirements, payment procedures, staging areas, emergency procedures, survey control requirements, quality control procedures and requirements, and coordination with quality assurance testing. The Consultant will prepare and provide a meeting summary to the Client and the Contractor. The Contractor shall be responsible to provide its Sub Contractors with the meeting summary(s). 3. Construction Contract Administration The Consultant will act on behalf of the Client and act as its representative during the 180-calendar day construction period. The Consultant will provide contract administration required for the Project, including: City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake WR Project No. 03190092,00 St 2-inch WL Project Additional Professional Services August 25, 2021 Page 1 Withers avenel Our People. YQW Success. Carry out the duties and responsibilities as the Consultant as stated in the General Conditions and Supplemental Conditions of the construction contract; on behalf of the Client, the Consultant shall administer the construction contract, respond to Contractor correspondence, issue instructions from the Client, and maintain a complete document file for the Project. Documents to be maintained include, but are not limited to: a) correspondence, b) quality control procedures, c) construction observation records, d) shop drawing schedule, e) shop drawing and submittal log, f) change orders, g) scheduling, h) Project meetings, i) costs and disbursement data, and j) progress reports. Consultant will supervise and manage the work performed by the Resident Project Representative (RPR) during construction. 4. Progress Meetings/Site Visits During the 180-calendar day construction period, the Consultant will hold monthly progress meetings from Notice -to -Proceed through Substantial Completion. In these meetings, the Client, Consultant, and the Contractor will address such items including but not limited to: schedules, coordination problems, design issues, construction issues, pending change orders, outstanding shop drawings and other submittals, procurement delays, material or construction issues, and other issues related to completion of the Project. Based on on -site observations by the Consultant and RPR, Consultant will keep the Client informed of the progress of the work and may recommend to the Client to disapprove or reject work that does not to conform to the Contract Documents. 5. Shop Drawing and Submittals Review The Consultant will review and respond to Shop Drawings and submittals which the Contractor is required to submit for conformance with the design concept and compliance with the information given in the Contract Documents; The Consultant will transmit one copy of shop drawings to the Client with written comments. Included in the shop drawing review is the assessment of alternates proposed by the Contractor. Alternate requests will be reviewed for conformance with the Contract Specifications. This subtask assumes the review and response to up to twelve (12) sets of Shop Drawings and up to twelve (12) reviews and responses to other submittals. 6. Review Pay Requests Based on the on -site observations, information provided by the RPR, and review of the applications for payment and the accompanying data and schedules, the Consultant will assess the percentage of Project completion by the Contractor and recommend payments to the Contractor in the appropriate amount. City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake WR Project No. 03190092.00 St 2-inch WL Project Additional Professional Services August 25, 2021 Page 2 NO VVithersRavenel WoOur People Your Success. By recommending payment, Consultant shall not thereby be deemed to have represented those observations made by Consultant 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 have involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. Neither Consultant's review of Contractor's Work for the purposes of recommending payments nor Consultant's recommendation of any payment including final payment will impose on Consultant 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. 7. Change Orders and Time Extensions The Consultant will provide contract administration services in connection with changes to the construction contract that reflect minor changes or deletions requested by the Client, the Consultant, or the Contractor. The Consultant will maintain a listing of additional costs and credits as a result of change orders. Client agrees to review change orders prepared by Consultant and issue a directive on its opinion of the change order in writing. Larger changes or claims asserted by the Contractor and/or redesigns, analyses, or evaluation that are beyond the scope of this Scope of Services or required through no fault of the Consultant, requested by the Client or Contractor, shall be considered Additional Services. 8. Final Walk -Through and Certification The Consultant will conduct a walk-through review with the Contractor and the RPR to determine if the Project has reached substantial completion and prepare a punch list of work items needed to meet final completion. After the Contractor has addressed the items in the punch list, the Consultant will conduct one final walk- through review to determine if the work is acceptable and is in substantial conformance with the drawings and specifications to the best of the Consultant's knowledge. Once the Consultant and Client deem the work to be acceptable and in substantial conformance with the drawings and specifications (to the best of the Consultant's knowledge), the Consultant can provide written notice of such to the Client. Additionally, the Consultant can recommend final payment to Contractor as appropriate. Additionally, the Consultant can certify that the Project was built within substantial conformance with the drawings and specifications (to the best of the Consultant's knowledge), but only if: a) Consultant has been allowed to observe construction activities, startup, and testing which he deems appropriate. b) Consultant determines that his observations support that the construction was carried out satisfactorily. c) Known nonconforming construction has been satisfactorily corrected. 9. Prepare Record Drawings Using redline drawings, construction survey, and other information prepared by the Contractor and the RPR, the Consultant will prepare Record Drawings for the Project. 10. Post -Construction Phase City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake WR Project No. 03190092.00 St 2-inch W L Project Additional Professional Services August 25, 2021 Page 3 40 Withers avenel 14 OmPeople. Your Success. Upon written authorization from Client during the Post -Construction Phase, Consultant shall: a) Together with Client, visit the Project to observe any apparent defects in the Wor(, 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 Client in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. b) Together with Client, 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) The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified, will terminate twelve months after the commencement of the Construction Contract's correction period. Task 8 -- Construction ObservatFOVI A. The Consultant can provide resident project representative as an optional service to the Client. The duties are as follows: 1. Observe if construction is proceeding according to the Drawings and Specifications. 2. Document the work in daily field observation reports. 3. Document weather conditions as well as the ability of the Contractor to perform the work. 4. The Task assumes that full time observation will be required during critical stages. Non -critical stages of construction that include activities such excavating existing lines, clearing, stripping, erosion and sediment control, miscellaneous grading, and seeding when only periodic observation may be warranted. 5. The effort for this Task is based on a eight (8) hour work week during the first two months of construction, followed by (16) hour work weeks until substantial completion and then eight (8) hour work weeks until final completion. If the Contractor desires to work on weekends the additional RPR effort and expenses shall be considered additional services. 6. Utilizing the assumptions discussed above, the Consultant has estimated that approximately 300 RPR hours will be required. The Consultant will be paid for the actual number of RPR hours worked at an hourly fee of $110/hour, which includes expenses. The Consultant has no control over inclement weather, the sequence, productivity, and, most importantly, the timing with which the Contractor will complete the work, and thus the number of field observation hours may differ from the 300 hours estimate. The Consultant will only be paid for the actual number of RPR hours worked. A day-by-day log will be kept of RPR hours so that the Client can track the expenditure of these hours. If conditions of the Contract or the scope of the work defined in the Contract between the Contractor and the Client is modified, such that the contract time is extended, then the Consultant reserves the right to negotiate an increase in the budget for this task. City of Drum Erwin Rd Area 14-inch WLAbandonment and East Wale St 2-inch WL Project Additional Professional Services August 25, 2021 WR Project No. 031,90092.00 Page 4 dithers avenel OmPeople. Your Success. B. If, through no fault of Consultant, such periods of time or dates are changed, or the orderly and continuous progress of Consultant's services is impaired, or Consultant's services are delayed or suspended, then the time for completion of Consultant's services, and the rates and amounts of Consultant's compensation, shall be adjusted equitably. C. Standards of Performance 1. Consultant shall not at any time supervise, direct, control, or have authority over any Contractor's work, norshall Consultant have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Contractor to comply with Laws and Regulations applicable to that Contractor's furnishing and performing of its work. Consultant shall not be responsible for the acts or omissions of any Contractor. 2. Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's, failure to furnish and perform the Work in accordance with the Construction Contract Documents. 3. Consultantshall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Consultant or its Consultants. C. Additional Services Services that are not included in Section B or are specifically excluded from this Agreement shall be considered Additional Services. The Consultant will furnish or obtain from others Additional Services if requested in writing by the Client and accepted by the Consultant. Additional Services shall be paid by the Client in accordance with the Fee & Expense Schedule outlined in Exhibit II. Additional Construction Administration and Construction Observation outside the 180-calendar day construction period. Additional surveying outside of the Project area D Environmental Services f Construction Staking/Surveying ® Materials Testing City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake WR Project No. 03190092.00 St 2-inch WL Project Additional Professional Services August 25, 2021 Page 5 40 WithersRavenel Our People. Your Success. D. Compensation for Services A. Lump Sum Fee Consultant proposes to provide the Scope of Services previously outlined on a lump sum fee basis as described in the following table. Compensation shall not exceed the total estimated compensation amount unless approved in writing by Client. 1. The Lump Sum includes compensation for Consultant's services. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses, and Consultant charges. 2. The portion of the Lump Sum amount billed for Consultant's services will be based upon Consultant's estimate of the percentage of the total services completed during the billing period. B. Hourly Fee Consultant proposes to provide the following Scope of Services previously outlined on an Hourly basis with an estimated budget as described in the table below plus expenses. Compensation shall not exceed the total estimated compensation amount unless approved in writing by Client. 1. Client shall pay Consultant for Basic Services by an amount equal to the cumulative hours charged to the Project based on Standard Hourly Rates as shown in Exhibit II - Master Fee Schedule, plus Reimbursable Expenses and Consultant's charges, if any. City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake WR Project No. 03190092.00 St 2-inch WL Project Additional Professional Services August 25, 2021 Page 6 C. 40 UVithers avenel lopOur People. Your Success. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Consultant that the total compensation amount thus estimated will be exceeded, Consultant shall give Client written notice thereof, allowing Client to consider its options, including suspension or termination of Consultant's services for Client's convenience. Upon notice, Client and Consultant promptly shall review the matter of services remaining to be performed and compensation for such services. Client shall either exercise its right to suspend or terminate Consultant's services for Client's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Consultant, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Client decides not to suspend the Consultant's services during the negotiations and Consultant exceeds the estimated amount before Client and Consultant have agreed to an increase in the compensation due Consultant or a reduction in the remaining services, then Consultant shall be paid for all services rendered hereunder. Total Additional Professional Services Fees City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake WR Project No. 03190092.00 St 2-inch WL Project Additional Professional Services August 25, 2021 Page 7 110 Withers avenel WoOul' People. Your Success. E. Acceptance Receipt of an executed copy of this agreement will serve as the written agreement between Consultant and Client for the services outlined. Submitted by Consultant: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Accepted by Client: City of Dunn 101 E. Cleveland Street Dunn, NC 28334 Digitally signed by Kevin Eason 09:28:31-04'00' Authorized Signature Authorized Signature IZevin Eason PE Printed Name Printed Name Department Head, Utiliites Title Title keason@withersravenel.com Email Address Email Address 919-469-3340 Phone Phone PREAUDIT STATEMENT: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act (NC G.S. 159-28(a)). Signature of Finance Officer: Printed Name: Date: Exhibit II - Fee & Expense Schedule City of Dunn Erwin Rd Area 14-inch WL Abandonment and East Wake WR Project No. 03190092.00 St 2-inch WL Project Additional Professional Services August 25, 2021 Page 8 WithersRavenO Our Peo)9te. Your Success. EXHIBIT ll Fee & Expense Schedule MAN MEN i :r kv u Geomatics Principal $ 205 Geomatics Sr. Technical Consultant $ 190 Geomatics Senior Manager $ 180 Geomatics Prolect Manager II $ 150 Geomatics Pro e<t Mana er $ 140 Geomatics Project Professionalll $ 145 Geomatics Project Professional $ 130 Geomatics CAD III $ 115 Geomatics CAD II $ 100 _ Geomatics CAD 1 $ 80 Geomatics GIS Specialist $ 125 Geomatics GIS Technician III $ 110 Geomatics GIs Technician II $ 95 Geomatics GIS Technician I $ 8O Geomatics Remote Sensing Crew 11 $ 260 Geomatics Remote Sensing Crew 1 $ 185 Geomatics SUECrew2 $ 230 _ Geomatics SUE Crew 1 $ 165 Geomatics Surve Crew III (3 Man) $ 205 Geomatics Survey Crew 11 (2 Man) $ 165 Geomatics Survey Crew $ 135 Survey Crew Member $ 65 _ Geomatics Surve Technician lV $ 110 _ Geomatics Surve Technician 111 $ 100 Geomatics Surve Technician 11 $ 75 Geomatics Surve Technician 1 $ 45 F&AM Principal Consultant $ 190 F&AM Senior Pro 'ed Mana er $ 175 F&AM Senior Technical Consultant $ 155 F&AM Project Manager $ 140 F&AM Project Consultant ll $ 105 F&AM Project Consultant $ 95 F&AM Staff Professional 1 $ 75 Senior Construction Mana er $ 160 Construction Mana er 11 $ _ 140 Construction Manager I $ 130 Senior Resident Project Representative $ 120 Resident Pro ect Representative III $ 110 Resident Project Representative It $ 95 Resident Project Representative) $ 80 Effective January 1, 2021 - Schedule is subject to change Engineers I Planners I Surveyors wjD U"ONN All -America City uit, .1 All -America Milli r% City Council Agenda Form f J v % l� v , a uT i e p e. d i �, i. ^2 F A 4 Date: September Meeting SUBJECT TITLE: Budget21 • - Director Roberts,-,,,Z epo Attachment: X Yes No Description: Budget Amendments Public Hearing Advertisement bate: PURPOSE: To approve the Budget Amendments associated with the following projects: - CDBG-I GranUProject - WWTP Improvement Project - Collections System Project All projects require specific accounting of funds due to their association with grants. BACKGROUND: Project Contract Awards were presented in Items #15, #16, and Item #17 of this agenda. BUDGET IMPACT: The budget impact will until reimbursed. be in future years when repayment begins. All work will be paid from fund balance RECOMMENDATION/ACTION REQUESTED: Motion to approve budget amendments associated with sewer projects as presented. 5- W. 0 0 o ' c 0 o o c w m o Q w a Q Q 0 N � o m c m o o w p m E w m o m v Q Q m U_ C C O O O 0 a o � m m n Q Q Z O c O LL N U w E O Q W rn C F W m Z J � W O 2 c U X m m m C LL 0 3 LL m � `m m O W Yl e 0 0 0 0 o c m m m E n� a.- m o Q � a E Q Q 0 0 m o m O o m `o m u o O m o m m Q E v U C C O C m E 0 a o o m w a m E a Q Z O_ F U W 0 7E I- w Z J C O C7 m U 0 0 0 m M c LL ❑ 3 LL m � `m m N 0 0 N N a v m m N N N ❑ N ❑ me o �a S C m o L L 3 E CU y � jp � 01 y C O 1�0 N O C y m C 'Li O 0 S O N U V N O m t c 3 n m a m m c m c 0 O O E O7 o '5 L° 3 V U C c L C O O7 r o a m i` C9 ❑ W 3 � N c 0� �' N_ UaNpF Ui. U c E m N 9 L d w m N L_ L' U W U Z O Z O O N LL LL Z F O \ / {`{ ci {\) \ <\ \�{ \ \ j / ■ CR })\C6 E # {\)( \{\~ \�{ ) / \ f \2 \\ ) $#� - ) \)\ ~ /\/ -- { § { CD \ / \`{ \{\ } <\ \15 �E \ \ \ / / \ f a \ # # /\/ s \�) / \ \ $�\ (�) _ \ \\ 0,0 %\ \ (aj J&: Z! { o : § { DUNN i —,x. UNN r 1 r a City CouncilAgenda Form N MeetingDate:September a.aa. d. 2021 SUBJECT TITLE: Authorization to pry Presenter: Jim Roberts Department: Finance Attachment: x Yes No Public Hearing Advertisement Date: NIA loan for Underground Pipeline Inspection Equipment Description: BB&T Proposal and Rate Sheet PURPOSE: To authorize the Mayor, City Manager Neuschafer, and Finance Director Roberts to move forward with borrowing the needed funds to complete the loan for the purchase of Underground Pipeline Inspection Equipment installed in a vehicle and outfitted in the attached proposal from Rodders and Jets supply company. This equipment is needed to complete inspections of Water, Sewer, Stormwater, lines and manholes to facilitate repairs and reduce leaks, infiltration, and improve repairs. BACKGROUND: This purchase is number one on our current list of equipment needed for water lines, sewer lines and stormwater collection for the City. This purchase was bid and approved using the North Carolina Sheriff's Association Heavy Equipment Procurement Program (Bid# 22-06-0426). The equipment and software for this Aries Mobile Pathfinder will be installed in a high roof, extended Length utility vehicle (Bid# 21-07-0915). BUDGET IMPACT: We will set up accounts to pay this loan in the amount of $178,629 with payments beginning in the 2022 budget year and continuing for five years in the amount of $38,000 to be divided proportionally between the Water and Sewer fund and the Stormwater fund. This loan should be closed within the next 30 days with payments beginning in May of 2022, RECOMMEN DATIONIACTION REQUESTED: Motion to approve the budget amendment and resolution authorizing the Mayor, City Manager, and Finance Director to move forward with a loan with BB&T (Truist) for $178,629 for the purchase of the Underground Pipeline Inspection Equipment. north carolina IU-DUNN city of dune POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 2E335 (910) 230-3500 a FAX (910) 230-3590 www.durni-nc.org Mayor William P. Elmore Jr. Mayo• Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnage City Manager Steven Neuschafer A RESOLUTION BY THE CITY OF DUNN AGREEING TO PROCEED WITH LOANS FOR THE PURCHASE OF UNDERGROUND PIPELINE INSPECTION EQUIPMENT WHEREAS, the governing body of the City of Dunn desires to proceed with borrowing in the amount of $178,629 for the replacement of underground pipeline inspection equipment and related equipment and costs. WHEREAS, the interest rate will not exceed 1.79% for a term of five (5) years for the total project and will not have a repayment schedule not exceeding $38,000 per year. WHEREAS, the governing body of the City of Dunn authorizes the Mayor, the City Manager and the Finance Director to sign all documents relating to the loans. THEREFORE BE IT RESOLVED this Resolution will become part of the official minutes of the City Council meeting held on September 14, 2021. ADOPTED BY THE CITY COUNCIL OF DUNN THIS 14" DAY OF SEPTEMBER, 2021. William P. Elmore Jr. Mayor ATTEST: Tammy Williams, CMC City Cleric DUNN All -America City 1111 1 1 w4ere 19$9%2w3 armm ! maffers 0 N M i T O O � O C of N E Q � o Q @ a Q Q Ul fA O N W E m j D ❑ O � � Q E m c a 0 N o D � m m n E Q Q Z O F W W H W Z J m O n U 0 n O m 0 M D LL 0 3 LL m � >v Q O cl F z W a R t(J N M M � V M m n @ N E M v O Q c @ n 0 Q Q F9 Hi N �O fp M N � n _ O c O m O N N o c � E E Q Q d 0 c 0 0 O o O o 0 0 O C m M m @ y E v oa � m °1 Q ea FA z O a_ � � o U N � wm O m rn � c � c c W c LL Z @ y J � @ N J a� m E N � c — 0 0 o v N O W rnrn M M a .= M M D @ C C LL LL 0 z � � 3 � m 3 LL F V' N 0 N 0 N N V � w rn m m � O v rn C_ G D y N @ C C = N N y c 3 y n a U a C 7@ w N a — � E � moo- O N 2 Y O 6 E O O o E y 3 0 O a E @ a� 0 a aai N Q y L_ r U U z O z O af � O N U U Z_ LL LL ❑ W j � RODDERS AND JETS SUPPLY CO PO BOX 2577 SUMTER, Sc 29151 TOLL FREE: 1-800-293-2012 FAX: 803-773-3666 WEB: RODDERSANDJETS.COM EMAIL: RODDERSANDJETSCO@,gOL.COM QUOTATION# 081621A AUGUST 16, 2021 RE: NORTH CAROLINA SHERIFF'S ASSOCIATION HEAVY EQUIPMENT PROCUREMENT PROGRAM BID# 22-06-0426 PRODUCT: UNDERGROUND PIPELINE INSPECTION EQUIPMENT ARIES MOBILE PATHFINDER PART# WF-1 CUSTOMER: CITY OF DUNN, NC BASEPRICE: $71,680.00 OPTIONAL EQUIPMENT: -UPGRADE TO TR-3320 TRANSPORTER $12,800.00 -LARGE LINE HIT $ 6,300.00 -I.T. PIPES SOFTWARE WITH COMPUTER $13,240.00 -VCAM-6 PUSH CAMERA SYSTEM $ 9,800.00 -2200 HONDA GENERATOR $ 2,300.00 -DRAWER, UNDER REEL $ 1,940.00 -CUSTOM DESK AND SHE' LVING $ 2,980,00 .WASHDOWNSYSTEM $ 562.00 -DRIVERS PARTITION WALL $ 940.00 -5 DRAWER TOOL BOX $ 820.00 -VAN VINYL FLOORING $ 680.00 -VAN WALL/CEILING PANELS $ 988.00 -VAN CONVE RSION LABOR $ 3,700.00 -(8) SURFACE MOUNT STROBES $ 1,400.00 P2?ICING,SUMMARY.• BASE PRICE $71,680.00 OPTIONS TOTAL PRICE $58,350.00 LESS 6% ON OPTIONS (PER NCSA CONTRACT) ($ 3,501,00) TOTAL BASE WITH OPTIONS PRICE $126,529.00 2021 SPRINTER, HIGH ROOP, EXT LENGTH, $ 52,100.00 DUAL REAR WHEEL, DIESEL ENGINE. CHASSIS VIA 2020-2021 NCSA CONTRACT, POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCILS, VANS, BE) 21-07-0915 TOTAL PURCHASE PRICE $178,629.00 COMPLETED UNIT SPECIFICATIONS I -Aries Path&derAll In -One Controller, Including: • 8.4" color flat screen TV monitor • Sealed connector for interconnect cable to reel I- Camera control interface including control of, • Zoom control • Joystick pan/tilt control • Lighthead intensity adjustment • Focus in/out • his open/close • Star-lite function • White balance • "home" function • Laser on/off with indicator LED • Diagnostic report toggle on/off • Camera select PE36XX/PE34XX/PE35XXwith indicator LED I- Tractor Controllnterface Including Control Of•' • Joystick direction control • Speed control • "cmise" control function with indicator LED • Auxiliary liglubead on/off with indicator LED • Front/rear camera selection • Camera power lift control up/down • Internal diagnostic report toggle on/off • Tractor select TR33XX/34XX with indicator LED 1- Reel Controllnterface Including Control Of, • Clutch engage/disengage • Speed control I -Integrated DYR With Interface Including Control Of • Record • Pause • Stop • Back • Menu • OK(enter) • Select up • Select down • Snap shot (still frame) • USB output and storage • USB keyboard interface • BNC video output I- Integrated Yideo Overlay Modtde With The Folloying Prominent Features:. • On screen display including applicable survey information (Le.; footage, date, time, section ID... etc.) • Ability to export serial communications to external inspection software • Decode footage encoder data to provide accurate linear estimations • . USB keyboard interface I -Mobile Pathfinder Cable and ReelAssembly. Including: • Lightweight fiame with casters and handles • Drum and motor assembly with clutch and cable level wind assembly • Sealed continuous contact collector assembly,12 conductor rings minimum • Distance encoder • Emergency/manual operation hand crank • Emergency stop button 1000' of lightweight low-fi-iction multiconductor cable • Spare termination kit • ACpowerswitch Universal power input plugg with cord • Resettable 15 amp integrated circuit breaker • Manual clutch disengagement mechanism • Adjustable friction brake • Manual mechanism for level wind position adjustment • 2 Integrated floor mounting brackets • Removable drip pan assembly I- Aries PE3530 Pathfinder Series Zoom Pan and Tilt Cannera iy/fligb Intensity LED Llgllt RingarndlntegratedSelf-CleaninaLens WiyerSystent Including, • Pathfinder zoom pan and tilt camera w/ multi -axis continuous rotation • Integrated self-cleaning lens wiper system • 40X zoom (IOX optical & 4X digital) • Maintenance -free foavard facing true color warn white directional LED lighting modules, positioned in the arms of the camera • Maintenance -free true color warm white directional LED directional lighting system with for inspecting up to 36" pipelines • White balance optimization with (4) selectable settings • "Starlite" light enhancement feature with (4) user selectable enhancement steps • "One Touch Scanning" feature with (2) user selectable continuous joint scan presets • "Quick Look" preset view positions (6) (Up, Down, Right, Left, Lat R, Lat L) • Fast -check pressure monitoring system • On -screen camera diagnostics functions including: o Camera model, serial ntunber, software revision o Camera operating hours, regulated voltage value, head temperature o Camera internal pressure, control error recognition, LED current value • Camera storage and transportation case • Camera re -pressurization Idt I- Aries TR3320 Pathfinder Steerable Self -Propelled Transporter for Relined 6" to 18" litres Including: • Tractor assembly with continuous duty chive motors • Electric camera lifting mechanism • (6) 3%" mbber wheels for relined 6" lines • (4) 43/8" rubber wheels for 8"-12" sewer lines • (4) 5" rubber tires for 12"-I8" sewer lines • Fast -check pressure monitoring system • Rear viewing camera with LED lighting • Auxiliary high power detachable light head with integral S121lz locating beacon • Storage and transport case • Set maintenance parts • Tractor power supply and control interface box to SCU • 512IIz locating beacon • Large line ldit with 8" tires and gear reduction rails 18" + lines 1- Cable Manhole Guide System Zncludintr: • Manhole top roller assembly • Manhole bottom roller assembly and adapter hook • Insertion and extractor pole assembly and tractor adapter • (4) Extension poles, fiberglass • Tiger tail bottom cable guide • Toolldt 1 Computer, NEC, ITB SSD,16 GB Ram, Intel 15 Processor, 2.8 GB with Video Card 1 19" Desktop Viewing Monitor 1 I.T. Pipes Software Package I _Sprinter Van Outfittine: 1 Storage drawer system tinder reel 1 Wash down system 1 Blackiabberflooning 1 Vinyl walls and ceiling 8 Surface mounted strobes I Partition behind drivers seat 1 Desktop with all controls mounted 1 All down hole equipment mounted 1 Operators chair 1 5 drawer tool box 1 19" rear viewing monitor 1 2200 Watt Generator f bDr �"City Agenda Form � � r w a, a 2021 d n ;.yDate: September Meeting SUBJECT TITLE: Police TASERs Contract' Presenter: Jim '• •' { 7' • •n: Proposal tor• i ••' Attachment: X Yes No Amendment Public Hearing Advertisement D. PURPOSE: The City's Police department currently has approximately 40 TASER devices in service and they have a life expectancy of approximately 5 years. Instead of purchasing all new every 5 years we are working with TASER/CEW AXON to provide us with a 5 year contract that covers everything from new devices, batteries, holsters, docking stations and training. This also includes other items such as training cartridges, targets, simulated training suits, and licenses. All items are covered under a 5 year extended warranty and will be negotiated for continuation after this contract is expired. BACKGROUND: This year we were notified that most, if not all, of our TASERS would need to be replaced due to their age. We discussed this and reached out to the firm that has provided this equipment for many years to see if there was a potential for a replacement over time. This brought about the proposal for a five year plan with all training and cartridges included, This 60 month program will provide a savings of approximately $40,000 over a direct purchase spread out for the next 5 years. The yearly payment will be within the Police Department budget equipment line and will stabilize the cost of this equipment for the next 5 years. By turning in our current TASERS we will receive additional savings of $7,800 initially. BUDGET IMPACT: This contract will last for 5 years and will cost approximately $27,000 per year to be paid out of the Police Department budget for equipment, The total cost of $135,000 will be divided into 5 payments. RECOMMENDATION/ACTION REQUESTED: Motion to accept this contract proposal and Budget Amendment for a 5 year purchase option of TASERS for the Police Department in the amount of $135,000. { \ ` \)\ ® \{/ )\)Ci );\ {�{ : \ { s 2 \E ){) \ Iq \�{ 14, )} �{ \ !7} _ § { Ae \\\\\\\ )(){\/) I ƒ \ \L m§§a 2/»§ \/ J /® ) 2 ( \ / Lo S � f \LO \ m T .cy,�����rvv� `-mmmmmmmmmm�mmcomv� Z Z M Z � � U) O U) Cl)Z z o co co co co U) � W N zzzzz 00CrC3 wUcnO� W ow w� w wwwww Cod w w o ZzWW o w w coo ZCD (9wco(j)wu)u)a: o� n�WW ¢¢00 ZU' W W oo W W 0 0 O Q :2,-zZZC7C7000D W w W W W F-F-JJ co co U U y. LU ��� wwwww u ufuiu w n pog wcn Qz Z�000 00— — —�- 0000WCW � W 0w EJ W W W m WW uu)uu ftD� � F- � F- IrD F- F- J O U } Ui ! U) x . f LF . 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O W J J S z z W F- W J J J J J J J J J J m S 2 2 2 0 CO j W W w w d' W of W d' w of W W C9 � w � W a:W W w w W w W w W ofa' W w a' W Of W 0' W w W ol w Of W a' W w W J rn a> o 0 O ¢ u) ¢ co Q w Q u) ¢ 0 Q O ¢ w ¢ � ¢ w ¢ to ¢ w ¢ w ¢ O ¢ u) ¢ V) ¢ U) Q co ¢ U) Q cq Q (i) ¢ CO Q CO Q W ¢ CO ¢ cn¢ Q F- F- F- F- F- I- F- F- F- F- I- F- F- F- F- F- E- F- F- F- F- F- P F- P P a) a d ___—__---____-----__—____ _-__—__-- ca m C O m ICJ (O m O m I� O l2� tCJ lfJ �O m m m (O CO CD m i� � m m m O M a ............ w m ~ o N d N C N to N In N N O U N N N h N N fn t .N- C N C U- U U U U U U U U U U 0000 N 'C 'C w G � Fm ♦� > J > J > .J > J > .-1 > J > _i > J > J > J m 2 m 2 7- 2 io 2 :a � c � Or � U J�� O D U N O U O U J C_ C C C C G C C C C C y C C C C (O U N O U w,. J a C 4) a .0 •C N G .G ,C .0 C .0 .0 .0 .0 .0 .0 .0 C C U U �. td' Q ¢ F�t`t` J N Y U O Q m r w_ N � � Co Q < U U Q m Q U Y K W ~ < Q o�U M = QUSU a O U + = m ¢� r 0 of d' C) W Q > O z m W Z �— gaaXillfg SmWn o Q 0 U¢ W W W U Q 0'U~)F-I-I-�� 2 Z O Q Q Q rn �cornr o�n coo 6>N io O M M M U1 N U O a o o U o 3 U d � U N O O a f) J m m li 2jfX { !,a$ < \q \} \ \\ {) \` cL E0 (D + } U) " \~ e ) )\\\ \\E \ {/\\ \\\0 \\\ \\/ »(/ = q=0 ƒ\ §2E `\ > ,;{ }/E \0 \\\ 2:#Q §0 / }ƒ \ « . 0 hCa" - � - D 0 � t 1 N­" ­ N"" � xCity Council Agenda Form r � Meeting Date: September 14, 2021 SUBJECT TITLE: Consideration to D. Body Cameras to CCCC Presenter: Chief White 1 Z Department: Police N O Attachment: XYes No Description: Resolution Public Hearing Advertisement Date: PURPOSE: For Council to consider donating surplus body cameras to the Basic Law Enforcement Training Program at Central Carolina Community College. BACKGROUND: The Dunn Police Department has 20 body -worn cameras that are in good working order that are surplus equipment. They also have six surplus that do not work but may be used for parts. The product brand is BODYCAM by Pro -Vision. These cameras connect to a computer using a USB cable and can be easily downloaded for review. These cameras would work well for students in the BLET program which would not require a protected server or evidence storage due to being used for training purposes only. BUDGETIMPACT: RECOMMENDATION/ACTION REQUESTED: Motion to adopt the Resolution Conveying Surplus Property to Central Carolina Community College. north caroling H-H-DUNN city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 25335 (910) 230-3500 e FAX (910) 230-3590 www.dtinn-ncorg Resolution Approving Conveyance of Property to Another Unit of Government in North Carolina Pursuant to G.S. 160A-274 Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Prank McLean Billy Tart Chuck Turnage City Manager Steven Neuscharer WHEREAS, the City of Dunn owns 26 Bodycam by Pro -Vision body -worn cameras; and WHEREAS, North Carolina General Statute § 160A-274 authorizes a governmental unit in this state to exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interest in real or personal property upon such terms and conditions as the governmental unit deems wise, with or without consideration; and WHEREAS, the City of Dunn has determined that it is in the best interest of the city to convey the surplus body -worn cameras to the Basic Law Enforcement Program at Central Carolina Community College, and deems it wise to do so for no consideration. THEREFORE, THE DUNN CITY COUNCIL RESOLVES THAT: 1. The City of Dunn hereby conveys to Central Carolina Community College the following property: 26 BODYCAM by Pro -Vision Body -worn Cameras with 20 in good working order and 6 to be used for parts. 2. The property herein described shall be conveyed for no consideration. 3. The City Manager is authorized to execute all documents necessary to convey the property in the manner authorized by this Resolution. Adopted this the 141h day of September•, 2021. Attest: Tammy Williams, City Clerk William P. Elmore, Jr., Mayor where 60i717JZ1G mat errs MAJOR CARY A. JACKSON 401 EAST BROAD STREET DUNN, NORTH CAROLINA 28334 (910) 230.3533 (OFFICE) (910) 230-3592 (FAX) To: Chief White From: Major Jackson Re: Surplus Body Cameras Chief White: i We have 20 body -worn cameras that are in good working order that are suiplu also have six surplus that do not work but may be used for parts. The product BODYCAM by Pro -Vision. These cameras connect to a computer using a US. easily downloaded for review. These cameras would work well for students in the BLET program which would not protected server or evidence storage due to being used for training purposes only. Thank you, Major C. A. Jackson be d •� Q­ t 1 N­ - N' - �r AgendaCity Council 1 Meeting ,JI' � Date: i September 9 Y 1, �11• • • �� • •.1 • • • �' •• Presenter: Mayor Elmore Department: • Body PublicAttachment: Yes No • AdvertisementDate: PURPOSE: To appoint Dunn's four representatives to the 1-95/1-40 Crossroads of America Economic Development Alliance, Inc. One will be a council member and the other three private citizens. Two appointments will be for a 2-year term. Two appointments will be for a 4-year term. After the initial appointments, the appointments will be made by the Alliance Board and will be 2-year terms. One of the appointments will be an active member of the City Council. :eR. c•M" The initial members of Board of Directors of the Alliance ("Board") shall consist of eight (8) voting members. Each of Dunn and Four Oaks shall select four (4) members for the Board. One Board member to be selected by each shall be a member of the town or city council as applicable and the remaining three (3) members to be selected shall be private citizens. The Board members to be designated by each of Dunn and Four Oaks shall be designated within forty-five (45) days of the approval and execution of this MOU by all parties. The mayor and town or city manager of each Dunn and Four Oaks shall be designed as ex-officio, non -voting members of the Board. BUDGET IMPACT: RECOMMENDATIONIACTION REQUESTED: Motion to appoint and for a 2-year term and and for a 4-year term to the 1-95/1-40 Crossroads of America Economic Development Alliance Board. b d -- - UOD- D L" N' ' - N' - r� CouncilAll- e: �.: Cit��, r f� , a . p A d' a MeetingDate: September 21 SUBJECT Reports Goalsd Objectives established 1 Council Presenter: City Manager Steven Neuschafer Department Heads Department: 1 Attachment:°1No Description: Reports Public HearingAdvertisement Date:III1■ PURPOSE: Attached please find the Monthly Reports for the Goals and Objectives as established by the Council at the 2021-2022 Budget Planning Retreat to include Goals not finalized from this current fiscal year. Changes are highlighted in yellow. BACKGROUND: Short-term Goals (FY2021.22 Completion) - Finalize and Support 195/140 Crossroads of America Economic Planning Alliance formation - Personnel Pay & Classification Study/Retention Plan/Training Programs (to include documentation) - Finalize Imagine Dunn Strategic Vision Plan and begin implementation/plans - Begin implementing Wayfinding System once rebrand is complete - One pager document for builders/developers (Planning & Inspections) - Lobby for Black River dredging - Initiate regularjoint meetings with Education officials - Trail from Tyler Park to Tart Park - Comprehensive Land Use Plan - Storm Water Drainage — Continue to Clean and Clear out Storm Water Inlets - Watauga Project Findings — Investigate and Determine Direction - Plan for Design, Phases and Cost for Juniper Creek project/Seawall Bulkheads for repairs - Paving Projects — Repair of Potholes and Small Scale Paving Projects - Aggressive Code Enforcement — Dilapidated and Boarded up - Residential and Commercial - Ordinance Revisions — Minimum Housing and Non -Residential - Purchase Sewer Jet for Storm Drain repair - Complete Technology Updates for Finance and Library - Merger Regionalization Study, Design and Determine Funding of Water Treatment Plant Long Term Goals and Objectives - Land transactions for Business Development supporting Community Growth - Address Infrastructure Needs — Paving, Water and Sewer, Storm Water • Juniper Creek Improvements - Street Improvements - Water Treatment Plant - Government Facilities Upgrade: Police Locker Rooms, Public Works, Parks and Recreation, City Hall, Library and Water Tower-301 South - Implement Strategies in the Vision Plan - Codrington Park Improvements Administration — Finance — Library — Planning — Inspections — Parks and Recreation Public Utilities and Public Works RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Goals and Objectives Reports. i I G • N O N� O� N N • O O i O_i M 4- M M N pj O a • M �i 0 m N O7 m m C7 O] m i i ®o • Oo 0 � C/) `o � O 0 0 o o U O • N (} W Es Ea�E42mccotmv p L V m a N V O C 'p S tO U Y� N N my.0mmN �U UNTdU�tUOC�C cG Q m I- Q J O N N N O t0 U m E E .L- E o E 2.o -Np a O C Cn o m' m o m2Em m Nov a�i U00 U =o ,. 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A, 2 September 2013 r , ReportsSUBJECT TITLE: Administrative Presenter: City Manager Steven Neuschafer Department: d Attachment: X Yes No Description: Monthly Reports Public Hearing Advertisement Date: PURPOSE: 1) City Manager's Report 2) Financial Report/Assessment Update 3) Monthly Departmental Reports included; Communications/Public Information Planning & Inspections Report Public Works Report Public Utilities Report Parks & Recreation Report Library Report Police Report BACKGROUND: BUDGET IMPACT: RECOMMENDATION/ACTION REQUESTED: Acknowledge receipt of the Monthly Administrative Reports. north carolingIN WL) E UN'T l city of dune POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 25335 (910) 230-3500 e FAX (910) 230-3590 www.dtunr-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Financial Report Date: September 14, 2021 Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschafer • The City, as of August 31, 2021 has $9,173,072.66 in cash from the General Fund and the Water and Sewer Fund combined. As of July 31, 2021, we had $9,485,108, as of June, 2021 the city had $8,466,289 and in May, 2021 the city had $8,398,893 for those same accounts. As you can see, this is a decrease of $312,035, On August 31, 2020 we had $4,822,562. This is $4,350,510 less than we have currently. • Through June we have received $15,013. In 2020 the June property tax revenues received were $8,928. Total Taxes received through the end of July were $53,640. In 2020 we had received $50,889. We have received approximately $2,800 more in taxes this year than last year. There is a one month lag in reporting taxes received. Our Estimated taxes for 2022 is $4,472,000, These totals include Property, Motor Vehicles, and Downtown Service District taxes. • Our June receipts were $231,703, May receipts were $237,255, April receipts were $252,630. The June receipts were about $5,900 less than last year. Our Budget for that income for the 2022 budget year is set at $2,160,000. Sales Tax Reports from the Department of Revenue are provided at least two months behind actual collections. Our next sales tax report will be July 151h. • Utilities Sales Taxes are reported quarterly. For this year we have received $671,719. For 2019 we had received $700,927, $29,208 more than this year. This report is for the quarter ending March 31, 2021 and the amount received for this quarter was $179,798. In 2020 we received $174,992 for this same time period. This amount includes Electricity, Natural Gas, Telecommunications, and Video Programming Sales Taxes. Our next report will be received on September 15th. Our budget for 2022 for these four areas is $739,000. • Building Permit Fees for the month of August were $15,360, July were $19,113. June was $14,646 and May was $10,148. To date we have collected a total of $34,473 or 26.5% of budget. The budget for the 2022 budget year is $130,000. • Water and Sewer Revenues for the month of August were $539,546, July receipts were $537,543. In June they were $525,287. Last year in August we had collected $489,310. Our total collected year to date is $1,075,647 or 17.6% of budget. Year to Date in 2020 was $999,386. Our budget for the year is $6,110,000. • General Fund expenditures in August were $1,044,892. In July they were $875,333. The total expensed to date is $1,941,362 of our Budget ($12,015,000). For 2021 we had expended $ 817,988. Our Revenue to date is $703,388. • The Water and Sewer fund expenditures in August were $343,074, July were $307,859. The total expensed to date is $654,892, or 4.1% of budget ($7,601,000). For 2021 we had expensed $626,523. Water Sewer revenue to date is $1,165,922. ® The benchmark for this period is 16.66% of budget. ® $258,849 Debt Service payments from the General Fund were made in July. All Expenditures to date fulfill our budgeted payments of $808,858. ® No Debt Service payments for Water/Sewer were made this month. Our total for the year is $1,342,900 for all Water/Sewer Debt Service payments. All payments will be made as directed and approved. DUNN b3 erica6itp 1989 � 20l3 Expenditures for City of Dunn BudgetAmount $ 12,015,000 100% 8/31/2021 Expenditures Year to Date $ 1,941,362 16.2% Budget Remaining $ 10,073,638 83.8% EXPENDITURES FOR THE CITY OF DUNN ______ j EXPENDITURES YEAR TO DATE a BUDGET REMAINING _J Expenditures for Water and Sewer Budget Amount 8/31/2021 Expenditures Year to Date Budget Remaining $ 7,601,000 100% $ 654,893 8.6% $ 6,946,107 91.4% WATER / SEWER EXPENDITURES $654,893 E1 EXPENDITURES YEAR TO DATE HBUDGET REMAINING t, ua, as> e 0 N O N t` 0 0 N a n o 0 O o N M e`1 D y G� Q y � o a )tj •`}. ° Art G1 tl y eS o b mm ~ O N c CTy^ G SU u Q N V� u S o X M o 0 0 O U � U m a N C � U � ❑ 7 w 'a "; V a H ✓ q MI �� ,o z v vi H w B y � ai o � E" ZE e '� o'� C7woa �� zU' Qa° F O ro bppi � L u � V e q w w W Vs N s o N o 0 o 0 0 0 o n 0 0 0 0 0 0 W cl N N O 1 W W O N O � M N A 7 a 9 a wwwwwwrr er u: w'F v>. O O N r F p Q W b^�y Gyp o ui Q �Wy O CI N w e a o M � �s'000 w 00 pM r M M 1aj o Ci O o o Ci U V � � b north Carolina ULL)UNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-nc.org MEMORANDUM To: Honorable Mayor, City Council Members From: James 0. Roberts, Finance Director Subject: Liens and Accounts Receivables Date: September 14, 2021 Mayor William P. Elmore Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tumage City Manager Steven Neuschafer • The General Fund assessments, Water and Sewer assessments, and old demolitions total $126,562. Of this more than $82,000 is over 10 years old. This amount involves 40 individuals. Nothing new has been billed to these accounts we use our new system from this point forward. • For our Weedy Lots and new Demolitions, the city has billed $518,230, we adjusted and received payments of $173,210. This amount is over the last 20 years. The amount owed the city as of August 31, 2021 is $ 345,019.62. The amount in excess of 10 years old is $13,166.16 and not recoverable. • For the month of August we received payments totaling $2,800 on outstanding debts. • We have sent billing invoices totaling $11,123 since our last report. This included 31 weedy lots, 4 overgrowth, 2 dead trees and 1 Junk or debris. If they do not pay, our next step is the Pre -lien letters. • Pre -Lien letters were mailed totaling $16,438.08. We have ammendments to liens totaling $89,971.08 this month as well. • Second notices were sent twice during the month. The First batch totaling $5,310 accounting for 25 weedy lots and three payments noted above for $2,800. The Second one totaling $3,150 for 25 accounts and no payments. • New invoices were sent totaling $11,233. This was for 32 accounts and no payments made • Pope Law Group is continuing to work on foreclosures for several property owners. Patricia Grier owing approximately $18,128, should have a sell date for September or October of this year. The Frank Turner Heirs is in the process of amending the complaint. The Mary Fann property requires information from two counties and should be completed very soon. We have two more properties that will be next in line, Richard Thompson, $7,598 and Johnnie Hargrove, $9,290, This month we added a third property, 1017 East Cumberland, Charles Smith/Ruth Thompson $5,183. DUNN �II�Atneeic� Gill 1 m4ere cownnr9T wafferr IM * 2013 Coordinator/ • 01-Achieved During the month of August I completed our Alleyway project for this year. This consisted of working with our Public Works Department hanging lights in 2 of our major Alley's that lead to public parking lots. 02- In Progress I am still working with all departments on their online forms. A couple of departments are finished and we are wrapping up with the other departments to get all of our forms fillable online. 03- Goals My goal for this month is to go live with our HR online application form in the new format and work through any kinks and changes that need to be made. 04- Stats Facebook: Instagram: Page Likes: 3685(43 new likes) Page Like: 1001 (2 new like) Reach:10,009 Reach:402 #1 post: Litter Bug (4.4k) #1 post: Litter Bug #2 post: 4-Way Stop (2.5k) Kaitlin Adkins I<adkins@dunn-nc.org 910 230-3500 DuNN ulre ranznun�i maffen AUGUST 2021 1 Monthly Development Report Planning & Inspections Department 1 102 N. Powell Ave., Dunn, NC 28334 ( phone 910-230-3503 1 fax 910-230-9005 www.dunn-nc.org "UNN w"�.'a m� gn Permits 16 $540 Wall-7 Wall w/elec 1 Freestanding - Freestanding w/elec Face Replace- I(no fee) 4 Yard - Temp Banner 1 Temp- 3 Billboard Billboard w/elec Code Enforcement Map August V to August 31", 2021 "Please note, that these are all NEW code enforcement items. This does not include items that were followed up on, or are at a later stage in enforcement." 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org *Data from Mobile311 work order system (does not include all work performed) 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 1 www.dunn-nc.org *Data from Republic Services report DL.1NN az%ro rmnnwni �' �malfin Public Utilities Dept I July 2021 I Monthly Report 101 E. Cleveland St., Dunn, NC 28334 1 phone 910-892-2948 1 fax 910-892-8871 ( www.dunn-nc.org Leak Repair 4 Water Construction 0 wer Construction 4 Hydrant Repair 0 Water Meter Repair/Investigations 67 Other —Sewer 15 *Data from Mobile311 work order system (does not include all work performed) *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. �- -lr--\ ­1h 1W L.-),N "r5V aft, Iota) Minion (3ai ions ireateo 11J4.Z51b 12.15 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Water and Sewer Project Update (Council Approved Projects) Golden LEAF Grant- Inflow and In progress -Flow monitoring and November 2021 Infiltration Study and Sewer Rehab ismoke testing complete, Golden Project LEAF increased grant award to $456,086 to include replacement of 2,230 LF of sewer main. Council approved Grantee Acknowledgement and Agreement, Awarded Contract at July Meeting. 14 inch Water Line Abandonment Design phase-100% Complete, Fall 2022 Project Received authorization to construct permit and recorded easements. Bid date June 29, 2021. Bids submitted to the State for review Once we receive the State's approval to award, we will bring to Council for approval. Watauga Avenue, Bay Street, & Project awarded to Lorman September 2021 Broad Street Water & Sewer Construction. Construction started Project 3/1/21. Construction is 85% Complete. The contractor has completed Watauga and Broad. The contractor is on the last section which is Bay St. USDA Collection System submitted application to USDA- Fall 2022 Rehabilitation Phase I August 2020, Council approved conditions at March 2021 Council Meeting. Engineering agreement approved at April 2021 Council UUNN / [ dnnn ".Meeting. Preliminary design 100% complete, iFinal design is 90% Complete. ;Permits have been submitted to NCDOT, Black River WWTP Septic Off- Received Authorization to TBD loading Station i Construct Permit from'NCDEQ. Bid date is 5/6/21. Rebid on 5/27/21. No bids were received, Received one informal bid on 6/17/21. Project is on -hold until the sewer' moratorium is resolved. CDBG I Sewer Rehab Project :Staff attended required training '.. September 2024 and has advertised RFQ and RFP as required. Contracts with the State have been executed. Procurement process is complete for selection of engineering firm and grant administrator. Dunn Parks & Recreation Department Monthly 12021 C Dunn Parks & Recreation 1205 Jackson Road, Dunn, NC 28334 1 (910) 892-2976 Phone (910) 892-7001 Fax I vvww.dunn-nc.nrg August 2021 Monthly Report Dunn Parks & Recreation August Monthly Narrative Report Fall Registration Fall sports registration began on Thursday, July 1st. This will include football for ages 5-13, outdoor soccer for ages 3-13, volleyball for ages 8-15, and cheerleading for ages 6-13. Registration will end on August 4`n We finished registrations with four teams in 4U and 6U soccer, five teams in 8U soccer, one team each in 10U and 13U girls' soccer, and two teams each for 10U and 13U boys' soccer. We have one team each in 6U flag football, 8U, 10U, and 13U football leagues. Volleyball ended with one team in 10U and two teams in 12U. Coed Adult Volleyball Registration began on Wednesday, August 6t'', and will end on Monday, September 131n Miracle League Registration began on Thursday, August 19th, and will end on Monday, September 27`n Tart Park Renovation - Update The total project is 98 percent complete. City staff has completed the trail extension, batting cages, fitness stations, and disc golf. Upcoming milestones include scoreboard, PA system, and security system installation. On August 21'`, we were able to hold our first travel ball tournament with the USSSA softball organization for a single -day event using the two existing fields at Tart Park. Recreation Advisory Board The last meeting was held on Tuesday, August 10, 2021, at 6:00 p. m. at Dunn Community Center. The next meeting is scheduled for November 9, 2021, at 6:00 p. m. at the Dunn Community Center. July 2021 1 Monthly Library Report Dunn Public Library ( 110 E. Divine St., Dunn, NC 28334 1 phone 910-892-2899 1 fax 910-892-8385 www.dunn-nc.org/library STATISTICAL REPORT: AUGUST 2021 TOTAL INCIDENTS REPORTED CRIMES BY TYPE 199 HOMICIDE 0 RAPE 0 ROBBERY 3 AGGRAVATED ASSAULT 5 KIDNAPPING/ABDUCTION 1 BURGLARY/BREAKING AND ENTERING 15 LARCENY FROM VEHICLE LARCENY (ALL OTHER) 20 SIMPLE ASSAULT 14 CRIMINAL INVESTIGATIONS CASES ASSIGNED 78 CASES CLOSED 57 RECOVERED PROPERTY VALUE $ b099.00 SEARCH WARRANTS EXECUTED 0 DRUGS SEIZED see Narcotics FELONY ARRESTS 5 MISDEMEANOR ARRESTS 1 JUVENILE EWESTIGATIONS CASES ASSIGNED 4 CASES FILED INACTIVE 0 CASES EX -CLEARED 3 CASES CLEARED BY ARREST 0 CASESUNFOUNDED 0 TOTAL CASES CLOSED 3 ADULT ARREST TOTAL 0 JUVENILE ARREST TOTAL 0 FELONY CHARGES TOTAL 0 MISDEMEANOR CHARGES TOTAL 0 RECOVERED PROPERTY VALUE SPECAL OPERATIONS WORKED 0 COMMUNITY SERV./PRESENTATIONS 0 VALUE OF NARCOTICS/MONIES SEIZED 0 CURFEW WARNINGS 0 CURFEW VIOLATIONS 0 NARCOTICS INVEST. SEIZURES MARIJUANA I Gram COCAINE I Gram METHAMPHETAMINE 110 Grams HEROIN 17 Grams PILLS 0 OTHER DRUGS 28 Grams FELONY ARREST TOTAL 3 MISDEMEANOR ARREST TOTAL I FIREARMS SEIZED 2 PROPERTY VALUE 0 US CURRENCY 0 SEARCH WARRANTS 2 STREET VALUE OF DRUGS SEIZED $5300.00 TOTAL DROP BOX MEDS COLLECTED 7,609.5 Grams PATROL DIVISION SPEEDING 26 SEAT BELT VIOLATION 3 PASSENGER SEAT BELT JUVNILE I NO OPERATOR'S LICENSE 12 DRIVE WHILE LIC. REVOKED 32 FAILURE TO STOP AT STOP SIGN 5 RUNNING RED LIGHT 3 FAILURE TO REDUCE SPEED 4 MISDEMEANOR ARREST TOTAL 47 FELONY ARREST TOTAL 19 FIREARMS SEIZED 2 MARIJUANA SEIZED 48.1 Grams COCAINE SEIZED 48.1 Grams HEROIN SEIZED 3.9 Grams OTHER DRUGS SEIZED 17 Grams & 2 Dosage Units US CURRENDY SEIZED $3,299.00 COUNTERFEIT CURRENCY $20.00 ANLMAL CONTROL & SHELTER Total Calls: 63 CANINE PICKED UP 14 IN POUND RETURNED 2 ADOPTED 7 ESCAPED 0 EUTHANIZED 0 BITES 0 ISOLATED 0 FELINE PICKED UP 19 IN POUND 30 RETURNED 0 ADOPTED 10 ESCAPED 0 EUTHANIZED 3 BITES 0 ISOLATED 0 ANIMALES, WARNINGS AND MILEAGE OTHER ANIMAL CALLS I Other Animals: 1 Pig Adopted WARNINGS (Verbal) 4 CITATIONS 0 ANIMAL CONTROL VEHCLES VEHICLE #55 Mileage 918 VEHICLE #56 Mileage 1101 Page I 1 Announcements September 14, 2021 City Council Meeting ➢ Free Gravestone Cleaning Workshop will be held on Thursday, September 16th at 8:30 a.m. at the Greenwood Cemetery. ➢ The final 2021 Dunn Chamber Concert Series presented by Dunn Area Tourism Authority is set for Thursday, October 7' from 6:00 p.m. to 9:00 p.m., at the Dunn Shrine Center and will feature a free concert by The Tonez. ➢ The next regular City Council Meeting is scheduled for Tuesday, October 12th at 7:00 p.m. ■ Minutes Dunn Housing Authority ■ Minutes Community Appearance Committee DUNN HOUSING AUTHORITY BOARD MEETING $17 STEWART STREET DUNN, NC 28334 MONDAY, JUNE 21, 2021 5:30 PM THE DUNN HOUSING AUTHORITY BOARD MEETING WAS CALLED TO ORDER ON MONDAY, JUNE 21, 2021 AT 5:30 PM BY CHAIRMAN, LESTER E. LEE, JR. CHAIRMAN LEE GAVE INVOCATION. UPON ROLL CALL, THE FOLLOWING WERE PRESENT: CHAIRMAN LESTER E. LEE, JR, COMMISSIONERS LOIS DAIL AND FRANCES PIERCE. COMMISSIONER SADIE MCLAMB WAS ABSENT AND VICE-CHAIRMAN DRAUGHON WAS EXCUSED. SECRETARY DEBBIE N. WOODELL AND HOUSING MANAGER, MARSHA BASS, WERE ALSO PRESENT. MINUTES OF THE REGULAR APRIL BOARD MEETING, AND A SPECIAL MEETING WERE THAT WAS HELD ON MAY 13, 2021 WERE READ AND APPROVED. (NO MEETING WAS HELD IN MAY) FIRST MOTION TO ACCEPT THE APRIL MINUTES WAS MADE BY COMMISSIONER LOIS DAIL AND SECONDED BY COMMISSIONER PIERCE. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN LEE NONE COMMISSIONER FRANCES PIERCE COMMISSIONER LOIS DAIL MOTION CARRIED. FIRST MOTION TO ACCEPT THE MINUTES FROM THE SPECIAL MEETING WAS MADE BY COMMISSIONER PIERCE AND SECONDED BY COMMISSIONER DAIL. AYES AND NAYS WERE AS FOLLOWS: AYES CHAIRMAN LEE NONE COMMISSIONER FRANCES PIERCE COMMISSIONER LOIS DAIL 1 MOTION CARRIED. OCCUPANCY REPORT: TOTAL RENT FOR THE MONTH WAS $36,392.00. THE AVERAGE RENT PER UNIT WAS $256.28. CHAIRMAN LEE MENTIONED THERE HAD BEEN AN INCREASE IN RENT SINCE THE LAST MEETING. SINCE THE MARCH BOARD MEETING, THERE WERE FIVE MOVE -INS AND TWO MOVE OUTS. THERE WERE NO TRANSFERS. THERE WERE FOUR ACCOUNTS TO BE CHARGED OFF, A TOTAL OF $793.00. DIXIE HEPLER $15.00 LEW HOLLOWAY 573.00 JESSICA EVANS 157.00 LAWANDA WILLIAMS 4800 $793.00 FIRST MOTION TO CHARGE OFF ACCOUNTS WAS MADE BY COMMISSIONER DAIL AND SECONDED BY COMMISSIONER PIERCE. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN LEE NONE COMMISSIONER FRANCES PIERCE COMMISSIONER LOIS DAIL MOTION CARRIED. CHARGED -OFF ACCOUNTS YEAR-TO-DATE WERE $896.00 THERE WERE TWO RECOVERIES OF AN OLD ACCOUNTS: 06/17/2021 TYESHA MCKNIGHT $51.00 06/11/2021 SARAH MARSHALL 40_00 $91.00 RECOVERIES OF OLD ACCOUNTS YEAR-TO-DATE ARE: $1307.00 APRIL AND MAY FINANCIAL REPORTS WERE REVIEWED, CHAIRMAN LEE STATED HE WOULD LIKE MORE DETAILED INFORMATION ON THE GENERAL EXPENSE ACCOUNTS AS FAR AS WHAT THOSE EXPENSES WERE 2 CLASSIFIED AS. SECRETARY WOODELL SAID GENERAL EXPENSES INCLUDED EMPLOYEES WITHHOLDING, MEDICARE, SOCIAL SECURITY, EMPLOYEE INSURANCE, PROPERTY INSURANCE, UNEMPLOYMENT TAXES ETC. SHE SAID WILL PROVIDE LISTING TO CHAIRMAN AND OTHER MEMBERS IF THEY WOULD LIKE. THERE WERE NO OTHER COMMENTS. COMMUNICATIONS: THE BOARD REVIEWED A LETTER FROM HUD APPROVING THE ANNUAL PLAN, THERE WERE FEW COMMENTS. INFORMATION CONCERNING THE COMMISSIONER'S TERMS WERE PROVIDED TO EACH MEMBER PRESENT. BUSINESS: THERE WAS A BRIEF DISCUSSION ON THE DOOR REPLACEMENT CONTRACT, COMMISSIONER LEE WAS CONCERNED WITH THE NOTICE TO PROCEED WHICH INDICATED THAT THE CONTRACTOR NEEDED TO FULFILL THE REQUIREMENTS OF THE CONTRCT REGARDING THE SUBMITTAL AND APPROVAL OF WORKER'S COMP AND INSURANCE. SECRETARY WOODELL ADVISED THE BOARD THAT THESE REQUIREMENTS HAD BEEN FULFILLED PRIOR TO SIGNING THE NOTICE AND CERTIFICATES OF SUCH WERE AVAILABLE FOR REVIEW. THERE WERE NO FURTHER COMMENTS. THERE WAS SOME DISCUSSION OF THE CAMERA INSTALLATION PROJECT THAT HAD BEEN AWARDED TO OCEAN ONE (TSNAUMI), SECRETARY WOODELL EXPLAINED THAT SHE HAD SPOKEN TO IT BARNES RECENTLY AND HE ADVISED HER THAT OVER THE WEEKEND, THEY HAD RUN SOME CLARITY TEST FOR THE NIGHT VISION ON THE CAMERAS AT HARNETT TERRACE. MR. BARNES HAD ADVISED HER THAT THERE WAS A LITTLE LESS CLARITY THAN FIRST THOUGHT BUT NOT ENOUGH TO MAKE A BIG DIFFERENCE, HOWEVER THE COMPANY WOULD BE ADDING TWO EXTRA LICENSE PLATE READERS TO MAKE UP THE DIFFERENCE. THERE WILL BE NO CHARGE FOR THE READERS AND IT WOULD HELP IMPROVE CLARITY OF THE CAMERAS. HE SAID THE DECREASE IN CLARITY WAS DUE TO ANALYTICS. CHAIRMAN LEE MENTIONED THAT HE HAD RECEIVED A COMPLAINT ABOUT THE GRASS. I ADVISED THE BOARD THAT I HAD ALSO RECEIVED A COMPLAINT. COMMISSIONER MCLAMB, ALSO A RESIDENT AT POWELL VILLAGE HAD MENTIONED THAT THEY HAD NOT BLOWN THE BACK PORCH OFF. I ADVISED THE BOARD THAT I WOULD SPEAK WITH MR. BAREFOOT CONCERNING THIS, WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED. LEST E. LEE, JR. CHAIRMAN oa'.c�j DEBdfE N. WOOD LL SECRETARY K? RESOLUTION 2021-14 APPROVAL OF 2021 UTILITY ALLOWANCE SCHEDULE Whereas, HUD regulations require Dunn Housing Authority to conduct an annual update of utility allowance schedule; Whereas, a thirty (30) day notice of review and comment period to all residents is required by HUD prior to implementing any change in utility allowances by Dunn Housing Authority; Whereas, an update of all utilities have been conducted by the housing authority; Whereas, all residents have been notified of the 2021 Utility Allowance for a period of thirty (30) days for review and comment; Whereas, the Executive Director has presented the 2021 Utility Allowance Schedule to the Board for review; Now, Therefore Be It Resolved by the Board of Commissioner meeting in regular session on Monday, July 19, 2021 at 5:30 pm, 817 Stewart Street, Dunn, NC, the 2018 Utility Allowance Schedule be approved as presented, accepted and made effective September 01, 2021. e' 41 Lester E. Lee Board Chairman Debbie N. Woo ell Executive Director DUNN HOUSING AUTHORITY BOARD MEETING 817 STEWART STREET DUNN, NC 28334 MONDAY, JULY 19, 2021 5:30 PM THE DUNN HOUSING AUTHORITY BOARD MEETING WAS CALLED TO ORDER ON MONDAY, JULY 19, 2021, AT 5:30 PM BY CHAIRMAN, LESTER E. LEE, JR, VICE-CHAIRMAN DRAUGHON GAVE THE INVOCATION. UPON ROLL CALL, THE FOLLOWING WERE PRESENT: CHAIRMAN LESTER E. LEE, JR, VICE-CHAIRMAN EDDIE DRAUGHON, COMMISSIONERS SADIE MCLAMB, AND FRANCES PIERCE. COMMISSIONER LOIS DAIL WAS EXCUSED, SECRETARY DEBBIE N. WOODELL AND HOUSING MANAGER, MARSHA BASS, WERE ALSO PRESENT. MINUTES OF THE REGULAR JUNE BOARD MEETING WERE READ AND APPROVED. THE FIRST MOTION TO ACCEPT THE JUNE MINUTES WAS MADE BY VICE-CHAIRMAN DRAUGHON AND SECONDED BY COMMISSIONER PIERCE. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN LEE VICE-CHAIRMAN DRAUGHON NONE COMMISSIONER FRANCES PIERCE COMMISSIONER SADIE MCLAMB MOTION CARRIED. OCCUPANCY REPORT: THE TOTAL RENT FOR THE MONTH WAS $35,695.00. THE AVERAGE RENT PER UNIT WAS $251.37. THERE WERE NO COMMENTS. SINCE THE JUNE BOARD MEETING, THERE WERE TWO MOVE -INS, THREE MOVE -OUTS, AND ONE TRANSFER. THERE WERE NO CHARGE OFFS FOR THE MONTH OF JUNE. 1 CHARGED -OFF ACCOUNTS YEAR-TO-DATE WERE $ 2458.00 THERE WERE NO RECOVERIES F•OR JUNE. RECOVERIES OF OLD ACCOUNTS YEAR-TO-DATE ARE: $1307.00 JUNE FINANCIAL REPORTS WERE REVIEWED, THERE WERE FEW COMMENTS. COMMUNICATIONS: THERE WAS A BRIEF DISCUSSION ON THE SECURITY CAMERAS. SECRETARY WOODELL STATED THAT SHE HAD CONTACTED DUKE ENERGY AND HAD BEEN ADVISED THAT ONCE THE METER BASES WERE INSTALLED, THEY COULD CONNECT POWER, THERE WERE NO COMMENTS. BUSINESS: AN APPROVAL OF THE 2021-2022 UTILITY ALLOWANCES WAS BRIEFLY DISCUSSED. THE FIRST MOTION TO APPROVE THE UTILITY ALLOWANCES WAS MADE BY COMMISSIONER PIERCE AND SECONDED BY VICE- CHAIRMAN DRAUGHON. AYES AND NAYS WERE AS FOLLOWS: AYES NAYS CHAIRMAN LEE VICE-CHAIRMAN DRAUGHON NONE COMMISSIONER FRANCES PIERCE COMMISSIONER SADIE MCLAMB MOTION CARRIED. RESOLUTION #: 2021-14 SECRETARY WOODELL TALKED WITH THE BOARD CONCERNING A PARKING AND PERMIT POLICY. SHE SAID DUE TO THE LICENSE PLATE READERS THAT WERE BEING INSTALLED WITH THE SECURITY CAMERAS, A POLICY WOULD NEED TO BE IN PLACE SO THE POLICE DEPARTMENT COULD EASILY MONITOR VEHICLES IN AND OUT OF THE COMMUNITIES. SHE ADVISED THE BOARD THAT THE POLICY SHE HAD PROVIDED WAS SIMILAR TO SOME OTHER HOUSING AGENCIES IN THE AREAS AND IF ANY CORRECTIONS WERE NEEDED, THEY WOULD BE MADE, COMMISSIONER PIERCE ASKED ABOUT VISITOR PARKING PERMITS WHICH WERE NOT MENTIONED IN THE SAMPLE POLICY. CHAIRMAN LEE AGREED THAT SOME TYPE OF VEHICLE REGISTRATION FOR VISITORS IS NEEDED. AFTER SOME DISCUSSION, IT WAS RECOMMENDED THAT A CLAUSE BE ADDED TO THE PARKING POLICY STATING THE TERMS OF VISITOR PARKING AS WELL AS ISSUING PARKING PASSES FOR GUESTS. THE BOARD ALSO ADDRESSED UNAUTHORIZED VEHICLES THAT DID NOT HAVE PROPER REGISTRATION WITH THE OFFICE COULD BE TOWED ATTHE OWNER'S EXPENSE, SECRETARY WOODELL WILL MAKE CHANGES AS RECOMMENDED AND BRING IT BACKTO THE AUGUST BOARD MEETING 2 FORAPPROVAL. RESIDENTS WERE NOTIFIED IN WRITING ON JULY01, 2021THAT PARKING PERMITS WOULD BE REQUIRED BEGINNING SEPTEMBER 01, 2021 WITH BOARD APPROVAL, THE LETTER ENCOURAGED RESIDENTS TO MAKE ANY WRITTEN COMMENTS TO THE ADMINISTRATIVE OFFICE NO LATER THAN AUGUST 16, 2021. WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED. ,�. LETTER E. LEE, JR. -� DIE N. WOODELL CHAIRMAN SECRETARY Minutes Community Appearance Committee Monday, June 14, 2021 at 6:00 p.m., Dunn Municipal Building PRESENT: Chairman Meredith Bradham, Cindy Atkins, Ann Fairley, John Frazee, and Wesley Johnson. City Staff: Assistant City Manager Mathew Boone and City Cleric Tammy Williams. Absent: Linda James, Elyse Johnson, Lynwood Massengill, Marian McDonald, and Tasha McDowell. Chairman Bradham called the meeting to order at 6:03 p.m. Motion by Adkins and second by W. Johnson to approve the minutes as presented. The motion carried. Reports: Cemeteries Clean Up Frazee reported thathe feltthatthe cemeteries were looking better and most people have handled the changes well. Discussion followed on hosting seminars to show the correct way to clean old tombstones. Atkins stated she could lead the class at a Dunn cemetery. The seminar would be in conjunction with the Dunn Area Cemetery Preservation and Genealogy Group. Atkins and Williams will coordinate a date and rain date for the seminar. Community Clean Up Williams shared information she has learned about the activities going on in Dunn in October and November and that September is generally the month that the NC Fall Litter Sweep is held. Bradham tabled until the August meeting. Plantings/Landscape Williams also advised that a budget of $30,000 was approved for the activities of the CAC. She also shared that the amount allowed for planting new trees or small landscape projects was also included in that amount. Bradham asked that this be added to the agenda for future meetings. Fairley recommended some landscaping be placed on the empty lot on US421 in front of City Hall and owned by the City. Issues related to US 421 East were discussed. Bradham is going to talk to Lucknow members for any ideas and for approaching property owners. Anti -Litter Campaign Clean Your Curb Challenge for July was discussed. Williams is going to put together posts for Kaitlin to post on FB to encourage people to participate. Discussed having people share before and after pictures #CleanYourCurbDunn. Boone shared that the City is looking at changing City Street signs to blue as they are in need of being replaced and maybe even add the logo to the sign. Consensus was this was a good idea. Murals/Visual Arts Bradham reported on the letter provided by E. Johnson and McDowell concerning placing the bottle cap art project at the Library. It was recommended to include a picture as an example of the art. Bradham will advise E. Johnson. W. Johnson suggested the city send out calls for public interest in having murals on buildings. It was recommended that the city apply for grants. He also suggested using funds for small art projects such as a sculpture or painting on an electrical panel/box. New Business After discussion, it was decided for CAC not to meet in July and December annually. Frazee suggested we add Repair and Paint historical fencing at cemeteries to the Eagle Scout Project List. W. Johnson recommended identifying projects in the Imagine Dunn Strategic Vision Plan that could be handled as Eagle Scout Projects. The next meeting will be held on August 9, 2021 at 6:00 p.m. With no additional business, the meeting was adjourned at 7:20 p.m. Respectively Submitte , Tammy Willi ms CMC City Clerk CLOSED SESSION CRITERIA (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: [N.C.G.S. 143-318.11(a)(1)] Prevent the disclosure of privileged information Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. [N.C.G.S. 143-318.11(a)(2)] Prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(3)] Consult with the Attorney To protect the attorney -client privilege. To consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action. To consider and give instructions concerning a judicial action titled vs [N.C.G.S. 143-318.11(a)(4)] To discuss matters relating to the location or expansion of business in the area served by this body. located at (OR) To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(6)] To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. (OR) To hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(7)] To plan, conduct, or hear reports concerning investigations of alleged criminal conduct. School violence 143-318.11(a)(8) and terrorist activity (9).