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HomeMy WebLinkAboutAttach 09-10-2019DUNK DUNN R2O10911 (Attach # 1) 09/70/2019 AIIAlaerlcaCity city of dune artere cmnmf�nl maEEers®�( 1989 {(30r] Yfonofing the Life and Service of the Cate Wiffiam T rA6e" Efmore WHEREAS, the City of Dunn and its residents lost a dedicated public servant and leader with the death of William P. "Abe" Elmore on May 19, 2019 at the age of 86; and WHEREAS, Abe Elmore has left a legacy of leadership, community and civic service, entrepreneurship, and of strong perseverance with a determination to make a difference in the life of others and the community he laved and called home; and WHEREAS, Abe served our All -America City as Mayor for four terms; 1971 to 1983 and again 1995 to 1999. His strong sense of civic duty led him to active roles in not just the City of Dunn, but Harnett County and the State of North Carolina. He served as a US Commissioner from 1960 to 1971; as a member of the Economic Development Board under Governor Jim Martin from 1985 to 1993; and as a Harnett County Commissioner, representing District 2, from 2014 until his death in May; and WHEREAS, Abe was the owner of Elmore Furniture Company in downtown Dunn and enjoyed a successful career in the furniture business that spanned more than 60 years. Maybe it was his passion for business and his appreciation of the entrepreneur spirit that led him to make such an impact in local government and the business community; and WHEREAS, Abe spearheaded efforts in establishing a business incubator in Dunn, Triangle South Enterprise Center, which is the second oldest business incubator in North Carolina, and over the last 30 years has contributed to the creation of more than 150 new businesses and nonprofits and nearly 2,500 jobs. He also was a founding member and served as President of the Dunn Area Committee of 100, a small business lending program to help develop and grow small businesses locally and across the State; and WHEREAS, Abe's efforts in economic development led many to refer to him as "Mr. Economic Development." Abe was instrumental in bringing businesses, industries and jobs to the City of Dunn and Harnett County, leading efforts to establish the Edgerton Industrial Park, and being instrumental in bringing Morganite and the Food Lion Distribution Center here to Dunn; and WHEREAS, Abe's community service has made this gentleman legendary through the many years that he has actively contributed to so many organizations. Abe served as President of the Downtown Organization for Revitalization and spearheaded the campaign to initially save the Stewart Theatre and maintain it as a home for the Harnett Regional Theatre and many other functions. He chaired Dunn's annual Christmas Parade for 52 years; and WHEREAS, Abe was a member of the Dunn Shrine Club for over 50 years serving as Treasurer for 15 years, leading the Club in raising the needed funds to renovate the former Piggly Wiggly into the club's current home, the Dunn Shrine Center, and served many years on the Board of Governors for the Shriners Hospital for Children in Greenville, SC. Abe was also a Mason for more than 55 years. He was a member of the Dunn Kiwanis Club, serving in many offices including President and Treasurer, and had perfect attendance for 55 years. He also served on the Betsy Johnson Hospital Board for 9 years; and WHEREAS, Abe was an active member and avid supporter of the Dunn Area Chamber of Commerce for more than 60 years, serving as President in 1965. He is also one of only three, who have been awarded the prestigious Man of the Year award twice, 1966 and 2008, and was also awarded the Small Business Person of the Year in 1991. Abe was presented many other honors and awards in his lifetime including the Distinguished Service Award by the Dunn Junior Chamber of Commerce in 1965, Order of the Long Leaf Pine in 1990, the Distinguished Citizen Award from the Boy Scouts of America, and the M. H. "Jack" Brock Memorial Award in 2018 from the Mid -Carolina Council of Govemments; and WHEREAS, the charity Abe was most passionate about was the Baptist Children's Home of North Carolina, where he served for more than 43 years and was presented the Heritage Award in 2003; and WHEREAS, and most importantly, Abe married the leve of his life, Jackie Campbell, on Christmas Day, 1953 and together they have raised four children, Cathy Elmore Paschal, William Elmore, Carolyn Elmore and Laura Elmore Goodrich and they have 10 grandchildren and 20 great grandchildren with another one on the way. Abe and Jackie were charter members at Westfield Baptist Church where they have been members since 1961 and he served there as a Deacon and as Treasurer; and WHEREAS, Abe's love for the Wake Forest Deacons was no secret to us in Dunn as the "DeaeMobile" was stationed right outside his business. Abe attended Wake Forest College and graduated with a Bachelors of Business Administration. He worked his way through college serving as the Head Equipment Manager for the football team. He was the first non -athlete to be elected President of the Monogram Club and chaired the Wake Forest Has -Been Club, a group of former athletes for 35 years. He was such a fan that at his celebration of life, his grandchildren honored him by playing his beloved Wake Forest University Fight Song and cheering"Go Deans" at the appropriate times. NOW THEREFORE BE IT RESOLVED, that I, Oscar N. Harris, Mayor and the Dunn City Council, on behalf of all those who call Dunn home and on behalf of his many friends, express our most sincere gratitude for the life and service.of this legendary man, Abe Elmore, and the many contributions that he made to improve our City, County and State; the Council further extends our gratitude to Jackie and her family, for sharing Abe with all of us and offer our deepest condolences. Adopted th is, the 10th Nay ofSeptera6eq 2019. Oscar N. Harris, Ma m Attest: Tam ty Williar s, CityClerk mnorth carolina DvN a D UNN R2019-23 (Attach # 2) All-America City / city of dunn .. 0911012019 20'4re ' AlMt!f maE&a & 1989 *2033 rExpressing.Appreciation to Officer 12icky 7. Jackson upon Ylis retirement WHEREAS, Ricky T. Jackson retired on October 1, 2019 as a member of the Dunn Police Department with more than 22 years of seivice; and WHEREAS, Ricky began his career in law enforcement serving as an Auxiliary Officer for two years beginning in 1993 and was later hired as a Police Officer I in February of 1997; and WHEREAS, Ricky began serving as a School Resource Officer in 1998 and served in the schools for twenty years, impacting many young lives as a Police Officer before returning to Patrol in 2018. During his service, he was promoted to Police Officer II in 1999, Police Officer III in 2008, and Sergeant in 2012; and WHEREAS, Ricky 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; and WIIEREAS, Ricky 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 Ricky T. Jackson their deep appreciation and gratitude for the service rendered by him to the City over the years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that we offer Ricky our very best wishes for success, happiness, prosperity and good health in his future endeavors. This Resolution shall be incorporated into the official Minutes of the City of Dunn, and shall be in full force and effect from and after this 10`x' day of September, 2019. scar N. Harris, Mayor Attest: Tamr Willi s, City Clerk Attachment # 3 09110/2019 (q-) Reply (L- )_ Reply All L-:� Forward f rue 8/20/2019 11:01 AM classifieds@mydailyrecord.com Re: Legal Notice To Tammywiliiams .'Message REQUEST FOR ANNEXAT[ONjpg(40 KB) Cost is $ 84.89. Thank you. On 8/19/2019 2:42 PM, Tammy Williams wrote: Please publish the attached annexation notice on August 29, 2019. Also, please send me confirmation with proof and price. Thanks! ra my wa aww City Clerk City of Dunn 910-230-3501 Martha Jones -Carter The Daily Record/Mt.Olive Tribune Phone: 910-230-2012 Fax: 910-891-1234 or 910-230-2012 NOTICE OF PUBLIC HEARING ON REQUEST FOR ANNEXATION The public will take notice that the City Council of the City of Dunn has called a public hearing at 7:00 p.m. on the 10th day of Sepptember, 2019, at the Dunn Municipal Building on the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-31: Property owned by John A. Willoughby and wife, Clarice L. Willoughby 1001 Meadowlark Rd, Dunn NC 18.96 +/- acres - PIN #1517.65-0443.000 (a metes and bounds description Is available In the office of the City Clerk, Dunn Municipal Building, 401 E. Broad Street, Monday -Friday 8:00 a.m.-4:00 p.m.) Tammy Williams City Clark 8/29/19 9 NOTICE OF PUBLIC BE, ON REQUEST FOR ANNEXATION The public will take notice that the City Council of the City of Dunn has called a public hearing at 7:00 p.m. on the 10`h day of September 2019, at the Dunn Municipal Building on the question of annexing the following described territory, requested by petition filed pursuant to G.S.160A-31: Property owned by John A. Willoughby and wife, Clarice L. Willoughby 1001 Meadowlark Rd, Dunn NC BEING all that tract of land containing a gross area of +/- 18.96 acres (825,834 square feet) located in Averasboro Township, Harnett County, North Carolina; said tract being owned by John A. Willoughby and wife, Clarice L. Willoughby as described in Deed Book 3643, Page 153 of the Harnett County Registry and being more particularly described by courses based on North Carolina Grid Coordinate System (NAD83/2011) and distances according to a survey entitled "ALTA/NSPS Land Title Survey of The Land of Cubero Solar, LLC for Cypress Creek Renewables, LLC" prepared by McKim & Creed, Inc. dated October 12, 2018, and being more particularly described as follows: BEGINNING at an iron pipe found having NC Grid (NAD83/11) coordinates of Northing = 574,985.57 feet, Fasting = 2,116,547.85 feet; said iron pipe being in the right-of-way line (allowing 60 feet) of Meadowlark Road, the POINT OF BEGINNING, thence departing the right- of-way line (allowing 60 feet) of Meadowlark Road with the eastern line of Dogwood Creek Land Holdings, LLC the following two calls, (1) South 88 deg. 36 min. 58 sec.West 1054.41 feet to an iron pipe found and (2) North 07 deg. 25 min. 34 sec. East 822.52 feet to an iron pipe found in the center of a ditch, said iron pipe being the common corner of Dogwood Creek Land Holdings, LLC; Harnett County Board of Education and William A. Glover, Jr., thence along a ditch comprising the southern line of William A. Glover, Jr. and Emily T. Weaver, Ricky Weaver, and Teresa W. McDaniel, North 80 deg. 55 min. 59 sec. East 858.76 feet to an iron rod set in the right-of-way line (allowing 60 feet) of Meadowlark Road, thence with the right-of-way fine (allowing 60 feet) of Meadowlark Road the following two calls, (1) South 05 deg. 52 min. 56 sec. East 808.67 feet to an son rod set and (2) with a curve to the left having a radius of 1730.56 feet, on are length of 122.28 feet, a chord bearing of South 07 deg. 56 min. 24 sec. East 122.25 feet to an iron pipe found, the Beginning iron pipe found. Tammy Williams City Clerk Advertise: August 29, 2019 city of Bunn POST OFFICE BOX 1065 m DUNN, NORTH CAROLINA 28335 (910) 230-3500 . FAX (910) 230-350n www.dunn-nc.org R2019-24 (Attach # 4) 09/10/2019 Mayor Oscar N. Harris Mayor Pro Tem Frank McLean. Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tumage Dr. David L. Bradham City Manager Steven Neuschafer RESOLUTION DECLARING THE BADGE AND SERVICE WEAPON CARRIED BY POLICE OFFICER RICKY T. JACKSON SURPLUS AND AWARDING THEM TO HIM ON HIS RETIREMENT WHEREAS, Ricky T. Jackson served as a member of the Dunn Police Department from February 10, 1997 until October 1, 2019, 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 PKY454; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn, North Carolina, that the badge and service weapon (Serial # PKY454) with three magazines carried by Ricky Jackson be declared surplus and awarded to him on the occasion of his retirement. Adopted this 10th day of September, 2019. ATTEST: OpOtitvnnrr//r SEN - OA ... • •'.\�c N CAF�pi I'"Il tlflit" 01tw"kem. 14 Oscar N. Harris, Mayor 2,76re COVZMt!�r M&fferrr city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 25335 (910) 230-3500 - FAX (910) 23P 2C°^ www.dunn-nc.org R2019-26(Attach # 5) RESOLUTION BY GOVERNING BODY OF APPLICANT Mayor Oscar N. Hands Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Tmnage Dr. David L. Bradham City Manager Steven Neuschafer WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, water conservation projects, and WHEREAS, the North Carolina Department of Environmental Quality has offered a State Reserve Loan in the amount of $2,750,000 for the construction of the Waste Water Treatment Plant Aeration Project, and WHEREAS, the City of Dunn intends to construct said project in accordance with the approved plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNN: That the City of Dunn does hereby accept the State Reserve Loan offer of $2,750.000. That the City of Dunn does hereby give assurance to the North Carolina Department of Environmental Quality that all items specified in the loan offer, Section II - Assurances will be adhered to. That Steven Neuschafer, City Manager, and successors so titled, is hereby authorized and directed to furnish such information as appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the City of Dunn has substantially complied or will substantially comply with all Federal, State and local laws, rules, regulations and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the 10th day of September, 2019 at Dunn, North Carolina. `°°°nnnrrrr l(( OF - ::GpRPORgTF:. _ Attest: SEAL _ sk �j •Q� i Ta myWillia s,CityClerk r.. Qw�� i q4mi Oscar N, Harris, Ma or where COMMff9r Mati`enr 02019-09 (Attach # 6) 09/10/2019 FOR RyEyGISTRATggION KimREGISTER OFrOEEDS Harnett Countyy NC 2019 SEP 19 01:5:29 PM BK:3FEE:$26.00-710 INSTRUMENT # 2019013904 SARTIS i2019013604��Nilwl north Carolina LW'DUNN city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 > FAX (910) 230-3590 www.dunn-nc.org AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF DUNN, NORTH CAROLINA Mayor Oscar N. Harris Mayor Pro Tem Frank McLean Council Members Buddy Maness Dr. Gwen McNeill Billy Tart Chuck Turnage Dr. David L. Bradham City Manager Steven Neusehafer WHEREAS, the City Council of the City of Dunn has been petitioned under G.S. 160A-31 to annex the area described below; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the efficiency of the petition; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the Dunn Municipal Building at 7:00 p.m. on September 10, 2019, after due notice by publication on August 29, 2019; and WHEREAS, the City Council finds that the area described therein meets the requirements of G.S. 160A-31; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the City of Dunn as of September 10, 2019: 1001 Meadowlark Rd, PIN #1517-65-0443.000 DUNN All-Arneriea CI(y 1 1 mliere eommarr,� r maters C— 1989 (2013 BEING all that tract of land containing a gross area of +/- 18.96 acres (825,834 square feet) located in Averasboro Township, Harnett County, North Carolina; said tract being owned by John A. Willoughby and wife, Clarice L. Willoughby as described in Deed Book 3643, Page 153 of the Harnett County Registry and being more particularly described by courses based on North Carolina Grid Coordinate System (NAD83/2011) and distances according to a survey entitled "ALTA/NSPS Land Title Survey of The Land of Cubero Solar, LLC for Cypress Creek Renewables, LLC" prepared by McKim & Creed, Inc. dated October 12, 2018, and being more particularly described as follows: BEGINNING at an iron pipe found having NC Grid (NAD83/11) coordinates of Northing = 574,985.57 feet, Easting = 2,116,547.85 feet; said iron pipe being in the right-of-way line (allowing 60 feet) of Meadowlark Road, the POINT OF BEGINNING, thence departing the right-of-way line (allowing 60 feet) of Meadowlark Road with the eastern line of Dogwood Creek Land Holdings, LLC the following two calls, (1) South 88 deg. 36 min. 58 sec.West 1054.41 feet to an iron pipe found and (2) North 07 deg. 25 min. 34 sec. East 822.52 feet to an iron pipe found in the center of a ditch, said iron pipe being the common corner of Dogwood Creek Land Holdings, LLC; Harnett County Board of Education and William A. Glover, Jr., thence along a ditch comprising the southern line of William A. Glover, Jr. and Emily T. Weaver, Ricky Weaver, and Teresa W. McDaniel, North 80 deg. 55 min. 59 sec. East 858.76 feet to an iron rod set in the right-of-way line (allowing 60 feet) of Meadowlark Road, thence with the right-of-way fine (allowing 60 feet) of Meadowlark Road the following two calls, (1) South O5 deg. 52 min. 56 sec. East 808.67 feet to an iron rod set and (2) with a curve to the left having a radius of 1730.56 feet, on arc length of 122.28 feet, a chord bearing of South 07 deg. 56 min. 24 sec. East 122.25 feet to an iron pipe found, the Beginning iron pipe found. Section 2. Upon and after September 10, 2019, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Dunn and shall be entitled to the same privileges and benefits as other parts of the City of Dunn. Said territory shall be subject to municipal taxes according to G. S. 160A-58.10. Section 3. The Mayor of the City of Dunn shall cause to be recorded in the office of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County Board of Elections, as required by G. S. 163-288.1. Adopted this 101h day of September, 2019. GITY p �. .......... '0"" �e GORPQ��� y Attest: a�0 SEAL m` dJ' i y CA `ipV\ee B 6 Tammy WillianysCity Clerk (, 1 0 car N. Harris, M yor 1, Tammy Williams, City Clerk of the City of Dunn, do hereby certify that the foregoing is a true and accurate copy of an annexation ordinance duly adopted by the City Council of the City of Dunn, North Carolina, at a meeting held September 10, 2019, at 7 o'clock p.m. at the City Hall in the City of Dunn. IN WITNESS WHEREOF, I have here unto set my hand and have caused the official corporate seal of said City to be affixed, this the 101h day of September, 2019. t "`w t r r_ t V Tammy,William5, City Clerk The Golden LEAF Foundation ("Golden LEAF") Al ohmen' 17 GRANTEE ACKNOWLEDGMENT AND AGREEMENT 1. Grantee: City of Duren 2. Project File Number & Title: FY2020-007 / City of Dunn Assessment of Inflow and Infiltration 3. Purpose of Grant: Following Hurricane Florence, the metered average monthly flow of Dunn's sewer collection system nearly doubled. The town believes that excessive pressure during Hurricane Florence compromised its sewer infrastructure, causing increased inflow and infiltration. Golden LEAF disaster recovery grant funds will be used for professional fees to assess the town's sewer infrastructure, identify areas of damage, and recommend repairs. The town recently received an Asset Inventory Assessment grant award from the N.C. Department of Enviromnental Quality that will contribute to the success of this project. 4. Amount of Grant: $142,500.00 5. Award Date: 3/1/2019 Start 6. Special Terms and Conditions Applicable to Grant: a) The term of the grant is 12 months, commencing on the Award Date unless the Grantee proposes a later Start Date that is accepted by Golden LEAF. Golden LEAF may extend the term of the Grant. The provisions of this Grantee Acknowledgment and Agreement that by their nature extend beyond the tern of the grant will survive the end of the term of the grant. b) Golden LEAF fiords may be used for project -related expenses incurred prior to the grant award. c) Grantee agrees to use reasonable efforts to secure finding for these repairs from FEMA, its insurer, and/or other sources of finding typically available to the grantee for similar disaster -recovery projects and will pay any funds received from other sources for these repairs to Golden LEAF, up to the full amount of grant funds released by Golden LEAF for this project. d) Use of grant funds must comply with the 2013 Hurricane Florence Disaster Recovery Act, including, without limitation, Section 4.2(a) and Section 4.2(b). e) Grantee agrees to comply with applicable requirements of G.S. 143C-6-23. Standard conditions on the release of grant fiords: a) Release of grant funds is contingent on Grantee attending a Golden LEAF grants management workshop or participating in satisfactory discussions with Golden LEAF staff to gain training in the management of Golden LEAF grants and reporting requirements. b) Release of funds is contingent on Grantee returning a fully executed original of this Grantee Acknowledgment and Agreement no later than forty-five (45) days after the Award Date, unless Golden LEAF agrees to extend the deadline for its submission. c) Release of funds is contingent on Grantee submitting a project management plan ("PMP") that Golden LEAF has approved The PMP must be submitted for approval within forty-five (45) days of the Award Date, unless Golden LEAF agrees to extend the deadline. Unless otherwise approved, the PMP must be submitted on Golden LEAF fonn(s). The PMP will include key activities that are critical to successful implementation of the grant and outcomes that will be used to assess the success and effectiveness of the project. d) Release of funds is contingent on the Grantee submitting a project budget for approval by Golden LEAF. The project budget must be submitted for approval within forty-five (45) days of the Award Date unless Golden LEAF agrees to extend the deadline. Unless otherwise approved, the project budget must be submitted on Golden LEAF forn(s). e) If the approved project budget includes funds from other sources that arc required for project implementation, Golden LEAF grant funds will not be released until Grantee demonstrates that it has secured those funds. f) Golden LEAF grant funds may not be used for acquisition of interests in real property or for costs of grant administration. g) If the Grantee fails to comply with its obligations under this Agreement, no farther grant funds will be released unless such noncompliance is resolved to the satisfaction of Golden LEAF. 8. Confirmation of Eligibility/Permissible use of Funds: The Grantee confirms: (1) that the Internal Revenue Service has determined that the Grantee is an organization described in Section 501(c) (3) of the Internal Revenue Code of 1986, as amended, and that such determination has not been revoked, or (2) that the Grantee is a federal, state or local governmental unit. Grantee agrees to notify Golden LEAF promptly if the Grantee's tax- exempt status is revoked or modified in any way. The Grantee agrees that it will use the funds from this grant only for charitable, educational, or scientific purposes within the meaning of Section 501(c)(3) of the Code, and that it will not use the funds from this grant in any way that would result in or give rise to private inurement or impermissible private benefit. The Grantee agrees that no funds from this grant will be used to carry on propaganda or otherwise to attempt to influence legislation, to influence the outcome of any public election, or to carry on directly or indirectly any voter registration drive. If grant funds are used to pay for sales tax for which the Grantee receives a refimd, Grantee will use the refund for expenses that are consistent with the purpose of the grant and permissible under this Agreement. Unless otherwise agreed by Golden LEAF in writing, no portion of the Grantee's rights or obligations under this Agreement may be transferred or assigned to any other entity. 9. Compliance with laws/liens: The Grantee is in material compliance with all federal, state, county, and local laws, regulations, and orders that are applicable to the Grantee, and the Grantee has timely filed with the proper governmental authorities all statements and reports required by the laws, regulations, and orders to which the Grantee is subject. There is no litigation, claim, action, suit, proceeding or governmental investigation pending against the Grantee, and there is no pending or (to the Grantee's knowledge) threatened litigation, claim, action, suit, proceeding or governmental investigation against the Grantee that could reasonably be expected to have a material adverse effect upon the Grantee's ability to carry out this grant lin accordance with its terms. The Grantee has timely paid all judgments, claims, and federal, state, and local taxes payable by the Grantee the non- payment of which might result in a lien on any of the Grantee's assets or might otherwise adversely affect the Grantee's ability to carry out this grant in accordance with its terns. 10. Conflict of interest: In connection with the project funded by Golden LEAF, no employee, officer, director, volunteer, or agent of the Grantee shall engage in any activity that involves a conflict of interest or that would appear to a reasonable person to involve a conflict of interest. Without limiting the foregoing principle, except as described below, in connection with implementation of the project funded by Golden LEAF, Grantee shall not procure goods or services from any Interested Person or from any individual or entity with which any Interested Person has a financial interest or from any family member of an Interested Person, nor shall Grantee use Golden LEAF grant funds to provide goods, services, or compensation (other than customary and reasonable wages and benefits) to any Interested Person or to any family member of an Interested Person. "Interested Person" includes officers and directors of the Grantee, and employees of the Grantee with authority to procure goods or services for the Grantee related to the project funded by Golden LEAF. For purposes of this section, family members shall include: (1) spouse, (2) ancestor, (3) brother, (4) half-brother, (5) sister, (6) half-sister, (7) child (whether by birth or by adoption), (8) grandchild, (9) great grandchild, or (10) spouse of brother, half- brother, sister, half-sister, child, grandchild, or great grandchild. An Interested Person has a financial interest if the hnteres(ed Person has, directly or indirectly, through business, investment, or family: a) an ownership or investment interest in any entity with which the Grantee has a transaction or arrangement; b) a compensation arrangement with the Grantee or with any entity or individual with which the Grantee has a transaction or arrangement; or c) a potential ownership or investment interest in, or compensation arrangement with, any entity 2 or individual with which the Grantee is negotiating a transaction or arrangement. Compensation includes direct and indirect renumeration as well as gifts or favors that are not insubstantial, An Interested Person must inform the Grantee of his or her financial interest upon becoming aware that the Grantee is considering procuring goods or services from any individual or entity with which any Interested Person has a financial interest. The foregoing notwithstanding, if after exercising due diligence, the governing board or committee of the Grantee deterntines that the Grantee is not reasonably able to secure a more advantageous transaction or arrangement from an individual or entity with which an Interested Person does not have a financial interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Grantee's best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination the Grantee shall make its decision as to whether to enter into the transaction or arrangement and shall keep written records of the meeting at which that decision was made. The Grantee shall inform all Interested Persons of the requirements set forth in this section. If the requirements set forth in this section conflict with any statute or regulation applicable to the Grantee, the statute or regulation shall control. If the Grantee has a conflict of interest or similar policy that provides more stringent restrictions and protections than those in this section, the Grantee may comply with its policy rather than the policy contained herein. This section does not alter the requirement that Grantee may not use the funds from this grant in any way that would result in or give rise to private inurement or impermissible private benefit It Procurement: All goods or services acquired using Golden LEAF grant funds must be reasonably necessary to implement the project funded. All procurement transactions involving the use of Golden LEAF grant funds will be conducted to provide, to the extent possible and reasonable, free and open competition among suppliers. The Grantee should use reasonable efforts to procure goods and services from local businesses, small businesses, minority-owned firms, and women's business enterprises. The Grantee will seek competitive offers where possible and reasonable to obtain the best possible quality at the best possible price. Some form of cost or price analysis shall be made and documented in connection with every individual procurement in excess of $1,000.00. Price analysis may be accomplished in various ways, including the comparison of price quotations or market prices, including discounts. For any single procurement of $100,000.00 or more, Grantee will use a competitive bid process that is designed to attract a reasonable number of responsive bidders. The requirements of the bid process may vary depending on the value of the procurement. When evaluating bids received, the Grantee is not required to take the lowest price if other factors are reasonably important to the Grantee; however, the bases for evaluation and selection should be listed in the procurement documents and there should be an objective method for the decision made by the Grantee. The decision should be documented in writing. If the Grantee is subject to statutory or regulatory procurement requirements, those requirements supersede this section. The Grantee may request that the President of Golden LEAF approve the Grantee's use of a procurement policy that varies from the requirements of this section. 12. Project and budget modification: The Grantee will inunediately notify Golden LEAF of anything that may materially affect the Grantee's ability to perform the project funded. If the Grantee proposes to modify the budget, the objectives, or any other feature of the project funded, the Grantee shall not encumber or expend any funds from this grant for such purposes unless and until Golden LEAF has approved such proposed modifications in writing. Moreover, no further payments shall be made to the Grantee in connection with the project funded unless and until Golden LEAF has approved such proposed modifications in writing. 13. Use of grant fiords/rescission and termination of grants: The Grantee accepts and will retain full control of the disposition of funds awarded to the Grantee by Golden LEAF under this grant and accepts and will retain full responsibility for compliance with the terms and conditions of the grant. Grant funds shall be utilized exclusively for the purposes set forth above. If the Grantee breaches any of the covenants or agreements contained in this Grantee Acknowledgment and Agreement, uses grant fiords for purposes other than those set out above, or any of the representations and warranties made by the Grantee are untrue as to a material fact, the Grantee agrees to repay to Golden LEAF the [Lilt amount of this grant. Any condition, purpose, term or provision in Golden LEAF's resolution approving funding or in this Agreement shall take precedence over any 3 conflicting provision in the Grantee's application. Grantee shall not use grant fiords for any purpose not included in the Grantee's application for finding unless specifically approved by Golden LEAF. If there is a conflict between the purpose of the grant and use of grant funds described in this Grantee Acknowledgment and Agreement and the Grantee's application for funding, this Grantee Acknowledgment and Agreement will control. 14. The Grantee acknowledges receipt of the following policy regarding termination and rescission of grants, which is intended to supplement but not replace or limit the rights and remedies of Golden LEAF set forth elsewhere in this Agreement. The Grantee acknowledges that Golden LEAF may, from time to time, amend its policy regarding termination and rescission of grants, and the Grantee acknowledges that the Grantee will be subject to the policy as amended. Policy Regarding Rescission and Termination of Grants. Rescission of a grant revokes the grant award. When funds have been disbursed to a Grantee by Golden LEAF and a grant is rescinded, the Grantee may be liable for repayment to Golden LEAF for an amount up to the total of grant funds received by the Grantee, in addition to any other remedy available to Golden LEAF. Termination of a grant ends the grant on a going - forward basis, and the Grantee is responsible for repayment to Golden LEAF of only that portion of the grant funds that has been disbursed but not expended by the Grantee in accordance with the terms of the grant. A grant may be rescinded or terminated at any time in the discretion of Golden LEAF for the Grantee's failure to comply with its obligations under this Agreement or if any of the Grantee's representations and warranties in this Agreement are or become untrue as to a material fact. Reasons for rescission or termination of a grant include but are not limited to the following: a. The Grantee has not signed and delivered to Golden LEAF the Grantee Acknowledgment and Agreement within forty-five (45) days of the Award Date set out in Section 5, above. b. The Grantee has failed to complete the project within the grant tern established by this Agreement or any extensions thereof. C. The Grantee's tax-exempt status has been modified or revoked. d. The Grantee is unable, or has failed or refused, to comply with a material term or condition of the grant. e. The Grantee has experienced a change in circumstances that is likely to have a material adverse effect upon the Grantee's ability to accomplish fully the purposes of the grant (c.g., loss of collateral funding, loss of key personnel, etc.). f The Grantee has failed or refused to submit a report, statement, accounting or return required by this Agreement or applicable law. g. The Grantee has materially modified its budget for the project, and such material modification has not been approved by Golden LEAF. It. The Grantee commits a material violation of the Internal Revenue Code or uses grant funds for some purpose not permitted by the Internal Revenue Code or for some purpose not contemplated by the grant. i. The Grantee breaches any of the covenants or agreements contained in this Grantee Acknowledgment and Agreement. j. The Grantee requests that the grant be rescinded or terminated. It is anticipated that a grant will be rescinded in situations in which no grant funds have been disbursed. Where grant hinds have been disbursed, it is anticipated that a grant will be rescinded in the case of more serious violations (including, without limitation, use of grant fiords for some purpose not contemplated by the grant or in violation of the Internal Revenue Code, or upon other affirmative misconduct of the Grantee), and that termination of a grant will occur in the case of the less serious instances of non-compliance or where the circumstance giving rise to termination is not the result of misconduct of the Grantee. 4 If the Board of Directors of Golden LEAF determines that a giant should be rescinded or terminated, Golden LEAF will notify the Grantee of that decision. Golden LEAF may choose to notify the Grantee that the grant is subject to rescission or termination unless the Grantee remedies the noncompliance, and Golden LEAF may establish deadlines or other limitations on the Grantee's opportunity to remedy the noncompliance. If Golden LEAF allows the Grantee the opportunity to correct the noncompliance, no further grant funds shall be advanced until the noncompliance is remedied. 15. Release of Funds: Unless otherwise agreed by Golden LEAF, up to twenty percent (20%) of finds may be released in advance after all conditions on the release of fiends are satisfied. Funds may be released in additional advances of up to twenty percent (20%) of the grant amount upon receipt of evidence satisfactory to Golden LEAF that funds previously released have been properly expended and accounted for. Funds may also be released on a reimbursement basis, in which case payments may be made in an amount equal to or up to eighty percent (80%) of the grant amount upon receipt of evidence satisfactory to Golden LEAF that funds have been properly expended and accounted for. Unless otherwise approved by the President of Golden LEAF, a sum equal to twenty percent (20%) of the total amount of the grant will be retained by Golden LEAF until the Grantee completes its obligations under this giant, including submission of a satisfactory final report on the project funded. This final twenty percent (20%) retained by Golden LEAF shall be paid to the Grantee on a reimbursement basis. If the grant is conditional or contingent, all conditions and contingencies must be met before any payment will be made. Each request for payment shall be in writing using the approved Golden LEAF form and shall certify that the Grantee has performed in accordance with the terms and provisions of its Grantee Acknowledgment and Agreement, and that such Grantee is entitled under the terms of such Agreement to receive the amount so requested. Each request should be made to President, The Golden LEAF Foundation, 301 N. Winstead Avenue, Rocky Mount, NC 27804. Payment should not be requested until the Grantee has need for actual expenditures of the funds. The Grantee should request payment at least thirty (30) days prior to its desired payment date. 16. Reporting: The Grantee agrees to submit a progress report to Golden LEAF biannually, to be received by Golden LEAF six months from the date of award and every six months thereafter unless some other schedule is approved by Golden LEAF. The Grantee agrees to submit a final Progress Report for receipt by Golden LEAF within sixty (60) days after the completion of all obligations for the project funded or the end date, whichever comes first. The Grantee may be required to repot results and accomplishments to Golden LEAF for a period beyond the grant term that is reasonably necessary to evaluate the outcomes of the grant. Report forms may be found on Golden LEAF's website, www.goldenleaf.org. The Grantee will furnish additional or further reports if requested by Golden LEAF on formas prescribed by Golden LEAF. 17. Records: The Grantee agrees to maintain frill, accurate and verifiable financial recoils, supporting documents, and all other pertinent data for the project funded in such a manner so as to identify and document clearly the activities and outcomes of the project funded and the expenditure of Golden LEAF grant funds. Financial records regarding Golden LEAF's grant shall maintained in such a way that they can be reported separately from monetary contributions, or other revenue sources of the Grantee. The Grantee agrees to retain all financial and progranmiatic records, supporting documents, and all other pertinent records related to the project funded for a period of five (5) years from the end of the grant tern. In the event such records are audited, all project records shall be retained beyond such five-year period until all audit findings have been resolved. The Grantee shalt provide to Golden LEAF copies of all financial and other records requested by Golden LEAF and shall make available to Golden LEAF, or Golden LEAF's designated representative, all of the Grantee's records that relate to the grant, and shall allow Golden LEAF or Golden LEAF's representative to audit, examine and copy any data, documents, proceedings, records and notes of activity relating to the grant. Access to these records shall be allowed upon request at any time during normal business hours and as often as Golden LEAF or its representative may deem necessary. The Grantee may be subject to audit by the State Auditor. 18. This Section 18 is applicable if the following blank is marked: Staff Initials & date Intellectual property/new developments: In consideration of its receipt of funds granted by Golden LEAF, the Grantee agrees that during the course of the project funded by the grant, the Grantee, and any recipient of grant funds, will promptly disclose to Golden LEAF any improvements, inventions, developments, discoveries, innovations, systems, techniques, ideas, processes, programs, and other things, whether patentable or unpatentable, that result from any work performed by or for the Grantee in connection with the project funded, or by individuals whose work is funded by the grant (the "New Developments"). If the Grantee provides to Golden LEAF a copy of any Invention Disclosure Reports it receives from Grantee employees that report making inventions under this Agreement, then the Grantee will be deemed to have satisfied the disclosure requirement in the preceding sentence. The Grantee agrees that it, and any recipient of grant funds, shall take all reasonably appropriate actions to assure that the New Developments shall be and remain the sole and exclusive property of the Grantee. In the event that the interests of the public would be served by conunercialization of the New Developments, the Grantee agrees to use its best reasonable efforts to pursue the commercialization of any such New Developments in a manner that will serve the interests of the public, including but not limited to the transfer, assignment or licensing of such New Developments; provided, however, that the Grantee, and any recipient of grant funds, shall not transfer, assign or license such New Developments in part or in whole without first having obtained the written consent of Golden LEAF. Any revenue generated as a result of transferring, assigning, or licensing New Developments will be managed by the Grantee in accordance with its published patent, copyright and technology transfer procedures, if any, and in the absence of such procedures such revenue will be managed by the Grantee in accordance with procedures approved by Golden LEAF. Such procedures typically will prioritize the distribution of revenues to ensure that the Grantee first honors its obligation to its inventors and then to cover its own out-of-pocket expenses as necessary to protect its intellectual property. The Grantee and Golden LEAF further agree that should there be any revenue generated greater than that necessary to meet the obligations of the preceding paragraph ("Net Revenue"), the Net Revenue shall be managed by the Grantee as follows: a) 15% of the Net Revenue will be retained by the Grantee as a fee for the management and distribution of funds as required under this Agreement. b) 30% of the remaining Net Revenue will be paid to Golden LEAF. C) 70% of the remaining Net Revenue will be retained by the Grantee and used in accordance with the procedures referenced in the preceding paragraph above, The Grantee's obligations pursuant to this Section will continue beyond the expiration of the funding period. 19. Independent entity: The Grantee acknowledges and agrees that the Grantee is an entity independent from Golden LEAF, is not an agent of Golden LEAF, and is not authorized to bind Golden LEAF to any agreement of payment for goods or services. The Grantee is responsible for payment of all its expenses, including rent, office expenses and all forms of compensation to employees. It shall provide workers compensation insurance to the extent required for its operations and shall accept full responsibility for payments of unemployment compensation, social security, income taxes and any other charges, taxes or payroll deductions required by law in connection with its operations, for itself and its employees. All expenses incurred by the Grantee are the sole responsibility of the Grantee, and Golden LEAF shall not be liable for the payment of any obligations incurred in the performance of the project funded. 20. Non-discrimination: The Grantee shall not discriminate by reason of age, race, ctlunicity, religion, color, sex, national origin, or handicap related to the activities of a project funded by Golden LEAF. M 21. Publicity: All publicity and printed materials regarding projects or activities supported in whole or in part by this grant should contain the following language: "This project received support from The Golden LEAF Foundation." The Golden LEAF logo is to be displayed in all of the Grantee's publicity and printed materials relating to this grant. Please contact Jenny Tinldepaugh (jtinklepaugIn&oldenlea£org) for digital versions of the logo. 22. Authority to execute/Necessary Approvals Obtained: The individual signing below certifies his or her authority to execute this Agreement on behalf of the Grantee and that the Grantee has received any third -party approval that may be required prior to entering this Agreement. By executing this Agreement, the Grantee, to induce Golden LEAF to make this grant, makes each of the representations set forth hereinabove and certifies that each of such representations is true, accurate and complete as of the date hereof. IN WITNESS WHEREOF, the Grantee has executed this Agreement as of the date below: Name of Grantee Organization (print): d Signature: ° r�— ttt Name of Person Signing (print): _U'SC_JV_ i4 Title of Person Signing (print): K (Dy Date: f / C) 119 Via\W004 WithersRavenel lipOur People. Yom' Success. City of City of Dunn Assessment of inflow and infiltration Agreement for Professional Services This AGREEMENT, the Standard Terms and Conditions (Exhibit 1), and Fee and Expense Schedule (Exhibit II), are hereby included as part of the Agreement for Professional services dated /6 between City of Dunn (CLIENT) and WithersRavenel, Inc. (CONSULTANT) for Professional Engineering Services to be rendered in connection with the City of Dunn Assessment of Inflow and Infiltration (PROJECT). A. Project Description The CONSULTANT will provide professional services for conducting a comprehensive inflow and infiltration study of the City's sanitary sewer collection system with emphasis on locating and quantifying damage resulting from landfall of Hurricane Florence on September 14, 2018 and the aftermath. This study will include the evaluation of the existing sanitary sewer lines using a variety of tools including smoke testing, flow monitoring and closed-circuit televised inspection of the collection system. The CONSULTANT will prepare a report on the findings to include an opinion as to which defects found can be attributed to the hurricane impact. The report will include an impact analysis and a recommendation for prioritizing the repair of the identified defects. As a member of the NC Rural Water Association (NCRWA), the City is eligible for assistance with smoke testing of the collection system. The CONSULTANT proposes to coordinate this service between the CLIENT and the NCRWA in orderto maximize the work to be accomplished within the budget. B. Scope of Services Task I - Sanitary Sewer Smoke besting A. The CONSULTANT will review with the CLIENT their existing system maps and other documentation to identify appropriate zones for smoke testing. B. The CONSULTANT will assist the CLIENT with providing public notification for the smoke testing to include publishing a notice in the local paper, distributing door hangars, and coordinating with the City the use of any available public notification system (Code Red, etc.) C. The CONSULTANT will assist and coordinate the smoke testing with the CLIENT and NCRWA. The CONSULTANT will prepare daily logs of the smoke testing activity to include documentation of all defects found along with an assessment of the manholes that are utilized for smoke testing. The budget assumes the maximum of ten (10) days of smoke testing. D. The CONSULTANT will perform and coordinate the smoke testing with the CLIENT and NCRWA. The CONSULTANT will prepare daily logs of the smoke testing activity to include documentation of all defects found. This budget assumes the maximum of ten (10 days of testing. Typical production with one crew is from two (2) to three (3) miles a day. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 August 26, 2019 Page 2 Task 2 - Flow Monitoring A. The CONSULTANT will review with the CLIENT the results of the smoke testing along with existing system maps and other documentation to identify appropriate zones for flow monitoring. B. The CONSULTANT will assist and coordinate the project flow monitoring with the sub - consultant and the CLIENT. The budget assumes the maximum of nine (9) flow monitors for six (6) weeks. The CONSULTANT will assess and document defects found on manholes utilized during flow monitoring. C. The CONSULTANT will review the collected flow monitoring data for Quality Assurance and Quality Control. D. The CONSULTANT will analyze the data to quantify the 1/1 susceptibility of each monitored basin and use the data to prioritize additional investigative tasks to be performed. E. Based on the results of the flow monitoring, the CONSULTANT will prepare a list of recommended lines to be further investigated by cleaning and subsequent CCTV inspection and submit to the CLIENT for approval. F. The CONSULTANT will procure subcontract services for the approved cleaning / CCTV list. CCTV inspections will be in accordance with the industry standard Pipeline Assessment and Certification Program (PACP) standards. The CONSULTANT will submit for payment to the CLIENT, the cost of paid invoices plus 15%. Based on the availability of the CLIENT, the CLIENT will supplement CCN efforts on the PROJECT. G. The CONSULTANT will review the CCTV inspection data for Quality Assurance and Quality Control. H. The CONSULTANT will evaluate the results of the CCTV Inspection and will prepare a Condition Assessment Report to summarize the findings, which will be included as part of the Condition Assessment and Preliminary Engineering Report as described below under Task 3. Task 3 - Condition Assessment and Preliminary Engineering Report A. The CONSULTANT will evaluate the defects found and will use the information collected to prepare a Condition Assessment and Preliminary Engineering Report. The report will identify the location of the repair, rank the severity, and estimate its potential contribution to inflow and infiltration to the system. B. The CONSULTANT will prepare recommendations for repair prioritization using such criteria as ranked severity, estimated potential for 1/1 contribution and an opinion of whether the defect should be attributed to damage resulting from Hurricane Florence. C. The CONSULTANT will prepare a final report containing an executive summary, project findings from the flow monitoring and smoke testing tasks and a prioritization analysis. D. The CONSULTANT will provide a digital and hard copies of the report to the Client. E. The Consultant will provide the collected map data in an ESRI ArcMap Shapefile suitable for incorporation into the Town's mapping system. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 August 26, 2019 Page 3 C. C E. 40 UVithersRavenel VANOur People. Your SUCCESS, 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 It. m Surveying services � Resident Project Representative Services @ Environmental services F Design services P Material Testing Client Responsibilities During the performance of the CONSULTANT's services under this AGREEMENT, the CLIENT will: E Provide any available pre and post hurricane data (e.g. WWTP flows, flow meter data, etc.) documenting the assumption hurricane damage has occurred. 9 Provide any information needed to complete the PROJECT not specifically addressed in the Scope of Services Provide all available information pertinent to the PROJECT, including any GIS information, reports, maps, drawings, and any other data relative to the PROJECT F Examine all proposals, reports, sketches, estimates and other documents presented by the CONSULTANT and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of the CONSULTANT Give prompt written notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT f Handle matters requiring an attorney at law Any changes to the alternatives or PROJECT requirements 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 as described in the following table. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 August 26, 2019 Page 4 40 WothersRavenel PAPoUr People.. You( Success. 1. CONSULTANT may alter the distribution of compensation between individual phases noted herein 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, profit, expenses and Consultant charges. 3. 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. Unit Price plus Markup Fee CONSULTANT proposes to provide the following Scope of Services previously outlined on a Unit Price plus Markup basis with an estimated budget as described in the table below. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. 1 1 8" to 10" CCN Inspection, includes light cleaning 2 $2.50 / If Unit costs are based on an 8" to 10" sewer line. The CONSULTANT will request additional quotes for larger lines as deemed necessary. ° Defined as up to 3 passes of high-pressure jet and vacuum of an 8" to 10" sewer line. c Estimated that 10% of the cleaning and CCTV will require heavy cleaning of an 8" to 10" sewer line. 1. CLIENT shall pay CONSULTANT for Basic Services by an amount equal to the cumulative effort charged to the PROJECT by the subconsultant. 2. CONSULTANT may alter the distribution of compensation between individual phases noted herein to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the CLIENT. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 August 26, 2019 Page 5 IMO UVithersRavenet wooOur People. Yow Success. 3. 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. 4. 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 thattotal 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. Fee Summary F. Timeline for Services The professional services described herein shall be completed and submitted within a timeframe mutually agreed upon between the CLIENT and CONSULTANT. The project timeline from Notice to Proceed of Design to the delivery of the Final Report is assumed to be 27 weeks. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 August 26, 2019 Page 6 MO WithersRavenet V40_. _-...... ow'People.yrnn'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 Authorized Signature Accepted by CLIENT: City of Dunn 101 E. Cleveland Street Dunn, NC 283 4 Au orized Signature Jeffrey J. Wing, PE, LEED AP Steven Neuschafer Printed Name Printed Name Vice President, Director - Utilities City Manager Title Title jwing@withersravenel.com sneuschaferCa7dunn-nc.ors Email Address Email Address 919.469.3340 Phone 910-230-3507 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: IGl/��d�CyJ If D►�5 Date: Exhibit I - Standard Terms and Conditions Exhibit II - Fee & Expense Schedule Q—ID-Zodq Bu `lhls/�� andt:IsralCon�b�o�audlt Finan Dfm'clor �fAcC" etlln « �y"O'tedbyry,�saf Govommem City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 August 26, 2019 Page 7 At ch nt, $ 410 Withers avenel ipOur PeOPle, Your sux¢ss. City of • St 2 -inch WL Project Agreement for Professional Services This AGREEMENT, the Standard Terms and Conditions (Exhibit 1), and Fee and Expense Schedule (Exhibit II), are hereby included as part of the Agreement for Professional services dated between City of Dunn (CLIENT) and WithersRavenel, Inc. (CONSULTANT) for Professional Engineering Services to be rendered in connection with the City of Dunn Erwin Rd Area 14 -inch WL Abandonment and East Wake St 2 -inch WL Project (PROJECT). A. Project Description The first part of the PROJECT is to abandon approximately 4,000 LF of existing 14 -inch waterline in the City of Dunn from Erwin Road near the intersection with Bruce Drive to just south of the intersection of South Wayne Avenue with West Cumberland Street that runs under and near existing homes and businesses. The PROJECT will include design of approximately 1,000 LF of 6 - inch and 8 -inch waterline segments in order to serve areas that will be cut-off by abandoning the 14 -inch line. The second part of the PROJECT is to abandon approximately 1,100 LF of existing 2 -inch waterline along East Wake Street from Carolina Drive to East Johnson Street, The PROJECT will include design of a new 6 -inch waterline to replace the existing line to provide fire flow to the surrounding area. B. Scope of Services "ask 1 - Engineering Report (EIS) and Environmental Information Documents (EID) Preparation A. CONSULTANT will attend one kickoff meeting/site visit with the CLIENT to discuss a general project approach and preparation of the ER/EID. B. CONSULTANT will review record drawings of the project areas and other information provided by the CLIENT relevant to the PROJECT. C. CONSULTANT will prepare the ER/EID in accordance with NCDEQ Division of Water Infrastructure (DWI) guidelines. The ER/EID will address the PROJECT as described in the "Project Description". D. CONSULTANT will submit a draft of the ER/EID to the CLIENT for review. The CONSULTANT will update the ER/EID based on review comments provided by the CLIENT. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 2 110 WithersRavenel Ot;P Peeple. Your Success. Task 4 - Permitting A. CONSULTANT will prepare and submit the required permits for construction of the PROJECT after approval of the Final Plans/Specifications by the CLIENT. The permits prepared and submitted by the CONSULTANT will include the following: a. NC Public Water Supply (PWS) b. NCDOT Encroachment Permits c. NC Division of Land Resources - Erosion and Sediment Control (if land area disturbed by the PROJECT is greater than 1 acre) Task 5 _. Bidding and Award A. Upon approval by NCDEQ DWI of the final design and authorization from the CLIENT, the CONSULTANT will perform Bidding and Award of the PROJECT, which will generally consist of the following subtasks: 1. Bid Advertisement a. The CONSULTANT will assist the CLIENT in advertising the PROJECT for competitive bids by posting plans and specifications on the CLIENT's website and in various online plan rooms. 2. Pre -Bid Meeting a. CONSULTANT will attend one (1) Pre -Bid Meeting with the CLIENT and prospective bidders and will provide a meeting summary. 3. Addressing Questions a. CONSULTANT will respond to all project -related questions through Addenda during the Bidding Phase. 4, Bid Opening a. CONSULTANT will attend the Bid Opening, tabulate all bids received, and evaluate all bids received and issue a recommendation to the CLIENT for the award of the contract with a Certified Bid Tab. CONSULTANT will screen the low bidder to verify experience, capability, and compliance with funding requirements. 5. Issued for Construction Documents a. CONSULTANT will revised the Construction Documents accordingly and provide Issued for Construction Documents to the CLINET. Task 6 - Loan Administration A. The CONSULTANT will provide the following PROJECT -related loan administration tasks: 6 Attend the PROJECT kick-off meeting with DWI to review loan requirements ® Review all appropriate State guidelines applying to the PROJECT F Complete paperwork including State assurances, progress reports, monitoring report forms, and others as required by DWI for the PROJECT City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 4 40 tn/ithersRavenel 100 Our People. your Success. F Advise the CLIENT as to any accountability requirements S Review certified payrolls for compliance with Davis Bacon wage determination approved for the PROJECT L Assist the CLIENT's Finance Officer in completing reimbursement requests 6 Assist the CLIENT's Finance Officer in keeping necessary records @ Assist the CLIENT's Finance Officer in close-out procedures and paperwork b Act as a liaison between the CLINET and NCDEQ DWI 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. V Construction Observation and Administration Services 8 Additional surveying outside of the PROJECT area ® Environmental Services Construction Staking/Surveying V Materials Testing D. Client Responsibilities During the performance of the CONSULTANT'S services under this AGREEMENT, the CLIENT will: Provide any information needed to complete the PROJECT not specifically addressed in the Scope of Services 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 the CONSULTANT and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of the CONSULTANT Give prompt written notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT P Pay all permit/review fees directly F Handle matters requiring an attorney at law Any changes to the alternatives or PROJECT requirements after CONSULTANT has 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 as described in the following table. Compensation shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 5 40tnlithersRavenel Oer People. Yuur Success. 1, Engineering Repot (ER) and Documents (EID) reparation Environmental Information $27000' 2 Land Surveying $23,000 3 Engineering Design $72,000 4 Permitting $3,000 5 Bidding and Award $4,000 6 Loan Administration $15,000 Total $144,000 f 1. CONSULTANT may alter the distribution of compensation between individual phases noted herein 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, profit, expenses and Consultant charges. 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. F. Timeline for Services The professional services described herein shall be completed and submitted within a timeframe mutually agreed upon between the CLIENT and CONSULTANT. CONSULTANT will meet all the following DWI SRF milestones: ® ER/EID to DWI on or before the SRF deadline of December 2, 2019. ® Bid and Design Package to DWI on or before the SRF deadline of November 20, 2020. P Advertise Project, Receive Bids, Submit Bid Information and Receive Authority to Award to DWI on or before the SRF deadline on July 1, 2021. L Executed Construction Contract to DWU on or before the SRF deadline on August 2, 2021. City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment WR Project No. 03190092.00 and East Wake St 2 -inch WL Project August 23, 2019 Page 6 40, UllitherSRavenet lipOur 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 4- AutAdrffed Sig ature Jeffrey J. Wing, PE, LEED AP Printed Name Vice President, Director - Utilities Title jwing@withersravenel.com Email Address 919.469 Phone Accepted by CLIENT: City of Dunn 101 E. Cleveland Street Dunn, NC 28334 9=7::� — u ri ed Signature Steven Neuschafer Printed Name City Manager Title sneuschafer@dunn-nc.org Email Address 910-230-3507 Phone PREAUDIT STATEMENT: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act INC G.S. 159-28(a)). Signature of Finance Officer: Printed Name: Date: Exhibit I - Standard Terms and Conditions Exhibit II - Fee & Expense Schedule ` �ygalced0l �e��` govemma�i City of Dunn - City of Dunn Erwin Rd Area 14 -inch WL Abandonment and East Wake St 2 -inch WL Project August 23, 2019 WR Project No, 03190092.00 Page 7 ® north carlina DUNN iL UUNN All City -America City of (111111 P2010911012019 #91 r 204e co7nnuc7ti maae?a 1989*2013 Celebratinglir. Ron Spears, Pastor WHEREAS, Dr. Ron Spears established and is the Senior Pastor of Faith & Power Center with locations in Dumi and Fayetteville, NC, holding the office of Chief Apostle and overseeing many ministries. He is married to the beautiful LaVerne Spears, who also serves the church as Pastor to the international ministry; and WHEREAS, Dr. Spear's passion is ministry and it has carried him around the world preaching and teaching the gospel, birthing several spiritual sons and daughters as founder and overseer of the Faith and Power International Christian Fellowship. His love and passion to please God further inspired him to establish the School of Apostles and Prophets; and WHEREAS, Dr. Spears generously gives of his time and talents to many organizations and events and continues to be a role model for many of our youth. He has spent countless hours as he sought to help them develop the desired traits and attitudes that will make them excellent leaders in the future with one of his primary goals being to empower leaders of today and tomorrow; and WHEREAS, Dr. Spears is actively involved in the NAACP being awarded three times the Minister of the Year award. He is a member of the Rotary Club of Dunn and serves on the Board of Directors for the Dunn Area History Museum. He participates in the Harnett County Mentoring Program and is an active member of the Dunn United Ministerial Association, participating in many of their events including the annual Mayor's Prayer Breakfast. NOW, THEREFORE, I, Oscar N. Harris, Mayor of the City of Dunn, and on behalf of the Dunn City Council, do hereby commend and recognize Dr. Ron Spears and extend our appreciation for his abiding faith and devotion, his continuing love for our city and this community, and for his 27 years of Pastoral service to the Faith & Power Christian Center. We pray that our Lord will continue to bless Pastor Ron's ministry and the ministry of Faith & Power Christian Center International. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Dumi this 17'11 day of August, 2019. Oscar N. Harris, Mayor ATTEST: LLTammy Williams, City Cleric P20101(Attach # 10) All-AmedcaGityTNN 912019 zQl,',re aonol 211a,%rr '2 � it �' � '.. .o' v. DECLARATION OF A STATE OF EMERGENCY WHEREAS, Hurricane Dorian is threatening the City of Dunn corporate limits with possible flooding, high winds and power outages; and WHEREAS, as a result of the above-described disaster, I have determined that there is an imminent threat of, or existing conditions have caused or will cause, widespread or severe damage, injury, or loss of life or property, and public safety authorities will be unable to maintain public order or afford adequate protection for lives or property; and WHEREAS, declaring a State of Emergency is necessary to maintain order and protect public health, safety, and welfare, and to secure property; NOW, THEREFORE, pursuant to the authority vested in me as the Mayor of the City of Dunn under Article 1 A of Chapter 166A of the North Carolina General Statutes and the City of Dunn Code of Ordinances: Section 1. A State of Emergency is hereby declared within the jurisdiction of the City of Dunn, throughout the municipal city limits of the City of Dunn. Section 2. I hereby order all City of Dunn law enforcement officers and employees and all other emergency management personnel subject to our control to cooperate in the enforcement and implementation of the provisions of this Declaration, all applicable local ordinances, state and federal laws, and the Harnett County Emergency Services Operations Plan. Section 3. I hereby order this declaration: (a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public; (b) to be filed with Clerk to the City of Dunn and (c) to be distributed to others as necessary to ensure proper implementation of this declaration. Section 4. This declaration shall take effect on September 5, 2019 at 12:00 a.m. and shall remain in effect until 11:59 p.m, on September 19, 2019 unless modified or extended. Sa JwceaGnecd .J fib, the fowctFf. lDcuy of Septembvi, 2099. AN m__ C\TYrOF�, Oscar N. Harris, Mayor C,ORPOggT •,2 _ �•® Attest: W % SFA 2AL CABOE: Tammy Williar6, City Clerk u