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Attachments 09-08-2020north caroling u.u.D I UNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 ® FAX (910) 230-3590 www.dtinn-nc.org Attachment #1 09-08-2020 PUBLIC NOTICE related to Regular Council Meeting Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Turnage Council Members L Wesley Sills April Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschaler The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, September 8, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may participate electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to reduce the spread of Covid-19, in -person access to the Council meeting is limited to a total of25 people (less than 14% of occupancy) to include Council and needed staff. Face Coverings are required by all members of the public entering the Municipal Building. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Audio will be available while waiting outside Council Chambers, if maximum occupancy is reached. Public Comment Period - Comments can be called in or entailed in to the Clerk by Friday, September 4, 2020, 1:00 p.m, to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by the 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or emailed to the Clerk by Friday, September 4, 2020, 1:00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include name, address of the person filing the comments and the Public Hearing that the comments are in reference to. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Tammy Williams City Clerk 910-230-3501 twilliams@dunn-nc.org DUNN All-AmericaCify 1 I Aerre covant!5y wafters 1989 * 2013 iN"N DUNN [10D All-America ON city of Bunn P2020-11 (Attach #2) ar�tz cmnman' ntalterr 09-08.2020 m 0MI, A 1989 * 2013 I ICCustfious Sir A(fen R "faddy" Brown Jr. (Potentate of Sudan Shriners WHEREAS, Allen R. "Buddy" Brown is currently serving as Potentate for the Sudan Shriners, a brotherhood of men, dedicated to fun and fellowship but with a serious purpose, to support what has been called the "World's Greatest Philanthropy," the Shriners Hospitals for Children, a network of 22 pediatric specialty hospitals, operated and maintained by the Shriners; and WHEREAS, Buddy was raised a Master Mason in 2000 and served as Master in 2006 at the Palmyra Lodge 147 in Dunn. He joined the Scottish Rite and became a Sudan Shriner in November 2000 at the ceremonial held in Dunn; and WHEREAS, as a member of the Dunn Shrine Club, Buddy has served on the board, as President in 2006, and as Secretary from 2009 through 2011. He was also presented the Nelson Banks award in 2005 and the Shriner of the year award in 2009; and WHEREAS, after becoming a Shriner, Buddy joined the Sudan Dunn Clowns, and as "SKITTLES" the clown, he has represented Sudan and Shriners Hospitals by performing in parade; over eastern North Carolina. He served the Clown unit as President in 2005 an 2007, was elected Sergeant at Arms for the South Atlantic Shrine Clown Association in 2002 and progressed to serve as the Association's President in 2007 and 2008; and WHEREAS, Buddy also had the privilege of being Chairman of Team Membership for Sudan Shriners in 2010 and 2011, and is an active member of the Board of Governors of the Shrine Bowl of the Carolinas, where he current!) serves as President; and WHEREAS, Buddy worked in the tire industry for over 25 years and is currently working as the Executive Director of the Benson Housing Authority. He and his wife, Tina P. Brown, reside in Dunn and together, they have four children, Mallarie, Josh, Corey, and Kristin, as well as eight grandchildren, Kayden, Lucas, Talyn, Nolan, Edynn, Junah, Eli, and Lizzy. NOW THEREFORE BE IT RESOLVED, I, William P. Elmore, Jr., Mayor of Dunn, North Carolina, and on behalf of the City Council and residents of the City of Dunn, do hereby extend this expression of our pride and our appreciation to Buddy Brown, for his many accomplishments, his service to the Dunn Shrine Club, and for representing our All -America City so well in his role as Sudan Shriners Potentate. Buddy's year as Potentate has brought many extra challenges to overcome associated with Covid-19, yet he has faced them with resolve and fortitude. BE IT FURTHER RESOLVED that we also extend our best wishes for God to continue to richly bless Buddy, his family and the Sudan Shriners, for many years to come. We are very appreciative of the many opportunities our City has had over the years to host Sudan Ceremonials, and we look forward to hosting many more. 46is the 8'f, day ofSeptem6er, 2020. VU LEG,t»•-P r William P. Elmore Jr., Mayors ATTEST: 4TamyWillia ,City Clerk 020209-08 2020h #3) OA-06-20 Sec. 22-551. - General. (a) Authority. A board of adjustment is hereby established pursuant to North Carolina General Statutes 160AD-39S02 with Extra Territorial Jurisdiction representation under North Carolina General Statutes 160AD-36K07 to exercise the powers and duties prescribed herein and as prescribed bV North Carolina General Statute Chapter 160D. (b) Membership. The board of adjustment hereafter called the board, shall consist of the same persons Chapter 160D. seve+4474�e4s--All members shall be citizens and residents of the City of Dunn and shall be appointed by the city council, except extraterritorial membersappointed pursuant to Sec. 2-108. Representation from the adopted extraterritorial jurisdiction shall be as provided in Sec. 108. #�l-appeic}ting-ataeast-2;ae-res+d. ,+�+h„ erEtraterriEer�}urisdlsEie+a-Ar+additianal-eaerr�ber-be appo;rrted�s#Jre�oard-of aeon# to achieve-proporiianai-rep•^^,�re,oen« ^,-t3c�y opuiatio;} of-the,'•,t�,�,r�•, ••"«a,"�,•'t`.l, r!tBFta� fdFlSdiGt{k3R 66HSt?t itE S3=kftFtYa6t{9F1-9f tft2-m{�nl6tpal+ty`5 �}9pHtatiBKt EtFllide� b�ti�e-fetal-meersh+p-of--tt�e-beam oi�d}usErac^«��'.^ter�itoraal-jttr+sdictiar�r�remberT ",,g;,� "e appo�t�+diEhln-ni+rPtt�+-(�0j-daYs affer�eceFvlr�g�;atase-e�-a�asaac�-the-eor�ns+;-may�ake-f#e app9F: +m:.."`-��"" E#tfcite-rFit9K�a�mim�.reF(S�fSe-peVder52Rd-Ctklt.�.r�nu hn+�nr t�ie•'KK}c"3tt2r at4�S-Ur'41"4n-the -City-br-l+ti?,r"i--.��at6FF+t@fi�t-ar2�r (c) Terms. The term of Members shall be the sarne as the appointed fasaterm for service on the Planninq Board pursuant to Sec. 2-108. of t4 e 3)-easept-ts-aeb4eve--sta ^ exst ;,a be s exp s -as--a vasa y ecsurs-- h am« 2 ms ersp�e apei 4ed tho* repiaaemeRt shad eappa ed�,�� # v.:c (1; , a t e-seeo sae e ^gin he-re- appointed-er t�terafaers-shs4l-be-r�-appou�fed-�,°h��^Ylaeerx}en#-appeia4ed-fer--a-t�,,,,�r «",nne-'j�reara �uceessor��"-:�,.^�� "ea{spa+ntec�iet#�e-yearrterras-�acarFcies-escuuing�t4ertlaeestabl+s�ini�€tk+e sagge ed e ems: fe reaso s oN e as p aao e e nss#a be44ed-as4kwy-eeGu9or44e-per�os .,€Tta�^,.^rtx p;r ed-t2rn� (d) Oath of office. Every person appointed to any city office shall, before entering upon the duties of the office, take and subscribe the oath of office prescribed in Article VI, Subsection 7 of the Constitution. Oaths of office shall be administered by some person authorized by law to administer oaths, and shall be filed with the city clerk. (e) Notice of hearing. Notice of hearings shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten (10) days, but not more than twenty-five (25) days, prior to the date of the hearing. Within that same time period, the city shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. (f) Quasi-judicial decisions. The board shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. A quasi- judicial decision is effective upon filing the written decision with the clerk to the board and/or the zoning administrator. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made. (g) Subpoenas. The board of adjustment through the chair, or in the chair's absence anyone acting as chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, persons with standing under G,S. 160AD- 406(dq) may make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full board of adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board of adjustment or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. (Ord. No. 02014-07, 5-8-14) Adopted this 8th day of September, 2020. William P. Elmore, Jr. Mayor Attest: C\�v of q .•GOp,PORA TF �yZWilliams SCAB- J .,'09�•..cfky�.� ,11111,100, Cf ,ti City Clerk `�: rra z w r T r city of dunn 020209 08 2020 #4) POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tent Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven Neuschafer 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. §160A-426, ET SEQ. WHEREAS, that on May 121h, 2020, the Chief Building Inspector for the City of Dunn sent a notice to Minnie F. Webb, the owner(s) of record of the structure located at 405 E. Pearsall St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on April 1st 2020 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on May 21st, 2020 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the date of such Order, being June 151h, 2020; and DUNN All-Amarlsa City 1 wYrere communi ma&ers 1989>ti'1013 WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on August 28th, 2020 and September lst, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on September 8", 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure 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, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on June 15th 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 structure 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: 405E Pearsall St. Dunn NC 28334 PIN #: 1516-65-7801.000 PARCEL ID #: 02151611140008 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the l5'h day of June, 2020 and in accordance with North Carolina General Statute §160A-432, 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. (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 Cleric of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. 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 8ch day of September, 2020. William P. Elmore, Jr. Mayor "aeaanerrr Attest: G�(V OP6j&<,° T y Willia s,20 ' .... • ' ���a4 City Cleric °rrrrrra: ea""' 020209 08 2020h #5> ® %north carolina Mayor LWU'"UNN William P. Elmore, Jr. Mayor Pro Tem Chuck Tumage city of dean Coancil Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 Dr. David L. Bradham (910) 230-3500 e FAX (910) 230-3590 City Manager www.dunn-ne.org Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-439, ET SEQ. WHEREAS, that on February 17, 2020 the Building Inspector for the City of Dunn sent a notice to Jashvanticumar M. Patel and Kantabahen J. Patel, the owners of record of the property located at 410 S. Clinton Ave. 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 February 27, 2020, at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-439, etseq.; and WHEREAS, on February 27, 2020, attending the hearing was M.B. Patel, J.M. Patel, and Code Enforcement Officer, Dwayne Williams, and Chief Building Inspector, Steven Icing and following the completion of the heating, the Building Inspector entered an Order, pursuant to North Carolina General Statute §160A-439, 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 properly into compliance with the City of Dunn Non -Residential Building Maintenance Code within ninety (90) days of the date of such Order, being February 28, 2020 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such properly into compliance with the City of Dunn Minimum Housing Code as set forth in Article VII of the Dunn City Code; and DUNN !L4 w� CN naftn aka Lyl 19a9*IUI) WHEREAS, the owner of the above described properly 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 August 28, 2020 and September 1, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on September 8, 2020 to consider the adoption of this Ordinance, directing 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;." and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance 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 February 28, 2020, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Durm, North Carolina, that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the main enhance 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: 410 S. Clinton Ave. Dunn, NC 28334 PIN #: 1516-55-9876.000 PARCEL ID#: 02151611190008 Section 2. It shall be unlawful for any person to remove or cause to be removed the placard fi•om 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 1 misdemeanor pursuant to North Carolina General Statute § 160A-443. 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 4-31 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 further consideration of remedies available to the City of Dunn under North Carolina General Statute § 160A-443. Adopted this the 81 day of September, 2020 ruuui„ ` (D OF. William P. Elmore, Jr. r e Mayor 4amm : m ORAT�c'. ��. 8EAG Willi s g , le,k +,1'r CNry I s't1$1lSd otl'M Attachment #6 09-08-2020 The Golden LEAF Foundation ("Golden LEAF") REVISED GRANTEE ACI-NOWLEDGMENT AND AGREEMENT 1. Grantee: City of Dunn 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 and for costs related to engineering and construction to repair sewer infrastructure damaged as a result of Hurricane Florence. The town recently received an Asset Inventory Assessment grant award from the N.C. Department of Environmental Quality that will contribute to the success of this project. 4. 5. Amount of Grant: $142,500.00; REVISED: $456,086.00 6. Award Date: 8/1/2019; REVISED: 8/6/2020; Start Date: 7. 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 term of the grant will survive the end of the term of the grant. b) Golden LEAF funds may be used for project -related expenses incurred prior to the grant award. c) Grantee agrees to use reasonable efforts to secure funding for these repairs from FEMA, its insurer, and/or other sources of funding 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 2018 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 funds: 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 form(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 form(s). e) If the approved project budget includes funds from other sources that are 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 further grant funds will be released unless such noncompliance is resolved to the satisfaction of Golden LEAF. 9. 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 refund, 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. 10. 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 in 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 terms. It. 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 Interested 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 rN 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 or individual with which the Grantee is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration 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 determines 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 12. 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 fiom the requirements of this section. 13. Project and budget modification: The Grantee will immediately 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 LEAP 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. 14. Use of grant funds/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 full amount of this grant. Any condition, purpose, teen or provision in Golden LEAF's resolution approving finding or in this Agreement shall take precedence over any conflicting provision in the Grantee's application. Grantee shall not use grant funds for any purpose not included in the Grantee's application for funding 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. 15. 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 finds 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 term 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 filly the proposes of the grant (e.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. h. 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 funds 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. If the Board of Directors of Golden LEAF determines that a grant 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. 16. Release of Funds: Unless otherwise agreed by Golden LEAF, up to twenty percent (20%) of funds may be released in advance after all conditions on the release of funds 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 grant, 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. 17. 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 report 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, w rw.goldenleaf.or,. The Grantee will furnish additional or further reports if requested by Golden LEAF on forms prescribed by Golden LEAF. 18. Records: The Grantee agrees to maintain full, accurate and verifiable financial records, supporting documents, and all other pertinent data for the project funded in such a mariner 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 programmatic 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 term. 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 shall 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. 19. 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 finds, 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 commercialization 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 retraining 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 finding period 20. Independent entity: The Grantee acknowledges and agrees that the Grantee is an entity independent from Golden LEAF, is not an agent of Golder 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. 6 21. Non-discrimination: The Grantee shall not discriminate by reason of age, race, ethnicity, religion, color, sex, national origin, or handicap related to the activities of a project funded by Golden LEAF. 22. 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 Tinklepaugh (itinl Iepa1h a, �oidenleaf.org) for digital versions of the logo. 23. 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 heremabove 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): City of Dunn Signature: Name of Person Signing (print): William P. Elmore Jr. Title of Person Signing (print): Mayor Date: 09-08-2020 mgetoal me W�� gesemmea 40 hers avenel Our People. Your Success. September 1, 2020 City of Dunn 101 E. Cleveland Street Dunn, NC 28334 Attn: Heather Adams RE: WR Project #03190951 AMENDMENT TO Professional Services Agreement City of Dunn Assessment of Inflow and Infiltration Dear Ms. Adams Attachment #6 09-OS-2020 WithersRavenel is pleased to provide this AMENDMENT to the Agreement for Engineering Services to City of Dunn for the City of Dunn Assessment of Inflow and Infiltration Project. If you have any questions or concerns about the agreement please do not hesitate to call me at the number listed below. Sincerely Withel 5sRavenel � 2 /"" Rick Rudin, P.E. Project Manager 219 Station Road, Suite 1011 Wilmington, NC 28405 Office: 910.256.9277 1 Direct: 919.535.5181 Email: rrudin@withersravenel.com Attachments: Amendment to Agreement for Professional Services 219 Station Road, Suite 1011 Wilmington, NC 28405 Office: 910.256.9277 1 Fax: 919.467.6008 1 www.withersravenel.com I License No. C-0832 Asheville I Cary I Greensboro I Pittsboro ( Raleigh I Wilmington 1400 WithersRavenel Our People. Your Success. City of Dunn City of Dunn Assessment of inflow and infiltration This AMENDMENT applies to the Original Agreement dated 9/10/2019 between City of Dunn (CLIENT) and WithersRavenel (CONSULTANT) for additional Design, Construction Administration and Construction Observation services for the City of Dunn Assessment of Inflow and Infiltration Project (PROJECT). A. Project Description The City of Dunn has received additional funding from the Golden LEAF Foundation in the amount of $313,586 to rehabilitate approximately 2,230 LF of existing 8" and 15" gravity sewer mains, associated manholes and related work within the maintained roadways. B. Scope of Services Task 4 -- Design, Plans, `technical Specifications and Bidding Documents A. CONSULTANT will perform a baseline survey of the PROJECT site to establish a drafting basis for project drawings including centerline of roads, edge of pavement, driveways, ground elevations and location of all pertinent planimetric features. The survey will be for an approximate 50-foot wide corridor centered on the existing gravity sewers. All surveys will be based on State Plane Coordinates and will be listed on plan sheets. B. CONSULTANT will perform engineering design services for rehabilitation of the subject gravity sewers, manholes, and related appurtenances. C. CONSULTANT will prepare approximately four construction plan view drawings at 30 scale and two detail sheets for all miscellaneous improvements. D. CONSULTANT will prepare detailed technical specifications for the implementation of the project. E. CONSULTANT will prepare Bidding Documents, including but not limited to: Notice to Bidders, Instruction to Bidders, Contract Agreement, General Conditions of the Contract and Special or Supplementary Conditions, F. CONSULTANT will submit final drawings, specifications, and other Bidding Documents to the CLIENT for review. G. CONSULTANT will incorporate CLIENT review comments and provide one set of the approved plans, specifications, and bidding documents to CLIENT. H. If necessary, the CONSULTANT will prepare the permit applications and supporting materials, obtain CLIENT signatures and submit applications on behalf of CLIENT. Potential permits are: NCDOT Encroachment Agreement City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 2 410 WithersRavenel VAPOur People. Your Success. Task S - Bidding Phase Services A. Bid Advertisement. CONSULTANT will assist CLIENT in advertising the PROJECT for informal bids. This will include submitting the "Notice to Bidders" as deemed necessary by CONSULTANT and CLIENT for proper notification and solicitation of bids. B. Submit Bid Documents to Plan Rooms. CONSULTANT will submit approved Construction Drawings and Bidding Documents to Contractor Plan Rooms using QuestCDM and will maintain a plan holders list. C. Pre -Bid Meeting. CONSULTANT will attend Pre -Bid Meeting with CLIENT representatives and with prospective bidders and material suppliers. D. Issue Addenda. CONSULTANT shall provide up to three (3) addenda to issue clarifications to contract documents and maintain the necessary documentation of the addenda. E. Bid Opening. CONSULTANT will attend bid opening, tabulate all bids received, evaluate bids received, and issue recommendation to CLIENT for the award of the contract as appropriate. This shall include screening of the low bidder as to experience and experience. A certified bid tabulation shall be provided to the CLIENT. Task 6 - Construction Administration A. As construction administration and review services are requested by 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. B. Execution of the Construction Contract. CONSULTANT will assemble and facilitate the execution of the contract documents between the Contractor and CLIENT. CONSULTANT will complete the following items: 6 Provide the contract documents to CLIENT to review; contracts will not be altered without approval by all affected parties; Assemble three (3) sets of contract documents and forward them to the Contractor for execution; 6 Review the Contractor's executed Agreements including the Performance and Payment Bond, Financial Statement, Insurance coverages, etc.; and Forward approved contracts to CLIENT for signature and distribute fully executed contracts to all parties. C. Pre -Construction Conference. CONSULTANT will coordinate and hold a Pre - Construction Conference with CLIENT, and Contractor. 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 subcontractors with the meeting summary(s). City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 3 40 WithersRavenet kipOur PeoPle. Your Success. D. Contract Administration: CONSULTANT will act on behalf of CLIENT and act as its representative during the estimated 90-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 CLIENT, CONSULTANT shall administerthe construction contract, respond to Contractor correspondence, issue instructions from CLIENT, and maintain a complete document file for the PROJECT. Documents to be maintained include, but are not limited to: correspondence, quality control procedures, site visit 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. E. Site Visits and Progress Meetings. During the construction period, CONSULTANT will hold monthly progress meetings from Notice -to -Proceed through Substantial Completion. In these meetings, 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. m On the basis of on -site observations by CONSULTANT and RPR, CONSULTANT will keep CLIENT informed of the progress of the work and may recommend to CLIENT to disapprove or reject work that does not to conform to the Contract Documents. F. Shop Drawing and Submittal Review. CONSULTANT will review and respond to Shop Drawings and samples, the results of tests and inspections (CONSULTANT shall be entitled to rely on the results of such inspections and tests), and other submittal data which the Contractor is required to submit for conformance with the design concept and compliance with the information given in the Contract Documents; and receive and review (for general content as required by the Specifications) operating and maintenance schedules and instructions, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor in accordance with the Contract Documents. CONSULTANT will transmit one copy of shop drawings to 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 five (5) sets of Shop Drawings and up to five (5) reviews and responses to other submittals. City of Dunn City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 4 40 WithersRavenel NipOur People. Your Success. G. Review, Process and Track Payment 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 that 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 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. H. 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 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 CLIENT or Contractor, shall be considered individually, negotiated with Client and may be performed as Additional Services. Final Walk -Through and Certification. CONSULTANTwill 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, 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 to the Contractor that the work is acceptable. 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. f Known nonconforming construction has been satisfactorily corrected. J. 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. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 5 MO VVithersRavenel 100 Our People. your Success. Task 7 - Construction Observation A. Upon approval by CLIENT CONSULTANT shall provide resident project representative (RPR) as service to CLIENT. B. 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. C. 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. D. 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. E. The RPR duties are as follows: Observe the rehabilitation of the gravity sewer, manholes, service reconnections, erosion control measures, and appurtenances. ® Document the work in daily field observation reports. V Document weather conditions as well as the ability of the contractor to perform the work. k The Task assumes that part time observation will be required during the majority of the project with full time observation for critical stages such as installation of gravity sewer, manholes, connections to existing homes, installation of restrained joint piping, valves, wet well, valve vault, pumps, electrical system and controls, standby power, stream crossings, pressure testing and pump station start-up. Non -critical stages of construction include activities such as clearing, stripping, erosion and sediment control, miscellaneous grading, and seeding when only periodic observation may be warranted. In preparing the estimate for RPR hours, the CONSULTANT's approach is based on experience with similar projects. During the 3 weeks after the Notice to Proceed is given, the CONSULTANT assumes that the RPR will need to spend an average of 16 hours a week on the project. The following 7 weeks to substantial completion, the CONSULTANT assumes the RPR will need to spend an average of 24 hours a week on the project. From substantial completion to final completion to be 2 weeks, the CONSULTANT assumes the RPR will need to spend an average of 6 hours a week on the project. Additionally, the construction observer will attend the pre -construction meeting, monthly progress meetings and initial/final walk-thru inspections. CONSULTANT assumes that the RPR will need to spend approximately 228 hours on the PROJECT. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 6 C. E. 40 WithersRavenel NNWOur People. Your Success. Utilizing the assumptions discussed above, CONSULTANT has estimated that actual construction time requiring an RPR on site will be approximately 208 RPR hours. CONSULTANT is assuming there will be a mix of part-time and full time RPR for the duration of the PROJECT. CONSULTANT will be paid for the actual number of RPR hours worked at an hourly fee established in the attached fee schedule, which includes expenses. 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 be more or less than the 228 hours estimate. CONSULTANT will only be paid for the actual number of RPR hours worked. A daily log will be kept of RPR hours so that CLIENT can track the expenditure of these hours. If conditions of the Agreement or the scope of the work defined in the Agreement between the Contractor and 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. 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. Boundary Surveying, Property Plats, Easement Documents L Environmental services V Construction Staking ® Construction Surveying I> Material Testing I> Geotechnical Analysis Client Responsibilities During the performance of the CONSULTANT's services under this AGREEMENT, the CLIENT will: f Provide any information needed to complete the PROJECT not specifically addressed in the Scope of Services ® 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 L Give prompt written notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the PROJECT ® Pay all permit/review fees directly ® 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 City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 7 40 WlthersRavenel 100 Our People. YOM SJCCeSS. 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. 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. Hourly Fee, Not to Exceed CONSULTANT proposes to provide the Scope of Services previously outlined on an hourly basis with an estimated budget as described in the following table. 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. 2. The Standard Hourly Rates charged by CONSULTANT constitute full and complete compensation for CONSULTANT's services, including labor costs, overhead, and profit. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 8 410 WithersRavenel tipOur people. Your su¢ess. 3. 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. 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 proposed project timeline from Notice to Proceed of Design through Construction is 9 months. City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 9 40 WlthersRavenel lipOw N.P[e. Yaul 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 �tN't� zG2Ao-vim Authorized Signature Kevin Eason, PE Printed Name Accepted by CLIENT: City of Dunn 101 E. Cleveland Street Dunn, N 28334 Aut orized Signature Steven Neuschafer Printed Name Director of Utilities City Manager Title Title keason@withersravenel.com sneuschafer@dumrnc.orz Email Address Email Address 919.469.3340 910-230-3507 Phone 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: I„e�l .Q� 11 �EiJUyaM q�S- ZDZD City of Dunn - City of Dunn Assessment of Inflow and Infiltration WR Project No. 03190951 September 1, 2020 Page 10 CITY OF DUNN Department: Public Utilities REQUEST FOR BUDGET REVISION AttaChroent#7 Budget Amendment#: )n tt1"c>15 09-08-2020 FISCAL YEAR ENDING 6/30/2021 Date: 9/7/2020 FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment Enterprise Fund 30-821-7400 Capital Outlay $ 122,200 $ 295,890 $ 418,090 EXH1=NUIIURE IUTAL: $ 2ao,oau FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment Enterprise Fund 30-390-4000 Fund Balance $ - $ (295,890) $ (295,890) REVENUE TOTAL: budget amendment was approveroy7tt}e C¢ty Uouncu on: W-1K T11 Finance Director. FICATION: This Budget Amendment is to provide for funding to cover expenses related to the Black river Wastewater Treatment Plant providing access to accept septic and portable toilet waste. This work will be providing a new income stream to the Enterprise Fund. FUNDING SOURCE: Draw upon funds in Enterprise Fund Balance. (L96 ball) Draper Aden Associates Engineering • Surrering Enrir'onmeWnl S'enJces 114 Edinburgh South Drive Suite 200 Cary, North Carolina 275 H 919.927.0964 wwmdaasom August 31, 2020 Heather Adams, Public Utilities Director City of Dunn 101 E. Cleveland Street PO Box 1065 Dunn, NC 28335 RE: WWTP Septic Offloading Station City of Dunn Draper Aden Associates Project No. 19080225-020602P Dear Heather: Attachment #7 09-08.2020 Per our recent conversations, the City of Dunn (City) wishes to investigate and construct a new septic offloading station at the Dunn Wastewater Treatment Plant (WWTP). Recently, the City was approached by several local septic disposal haulers to see if the City would accept this type waste at the WWTP. Currently, the only local receiver accepting this type of waste is Harnett Regional Water Utility, and they only accept this type waste on an irregular schedule. The City wishes to investigate the feasibility of accepting this waste as a revenue source and what capital improvements will be necessary. This letter contains our proposal to assist the City with a feasibility analysis, design, bid administration, construction administration, and final closeout associated with the proposed WWTP improvements. PROPOSED SCOPE OF WORK Draper Aden Associates (DAA) will provide professional services as outlined below. The proposed scope of work has been prepared in general accordance with standards of practice of engineering, and it is based on discussions between the City and DAA staff. The scope consists of the following basic services: Project Coordination and Task Management The DAA project manager will coordinate personnel assignments; confirm the proper documentation and quality of work deliverables; maintain project schedule and scheduling; maintain correspondence with City; and monitor the project budget. This includes a kickoff meeting with the City to discuss the project, DAA's understanding of the project goals and some potential solutions DAA will evaluate. An outline for the final deliverables will be established and documented during the meeting. Deliverables & Meetings: - Kickoff Meeting (7) Blackehurg • Charlollesville • Alanas.ca.c • Neuparl /Veiva • Richniowl • 19iginia Beach Fgrellerille • Raleigh Heather Adams - WWTP Septic Offloading Station August 31, 2020 Page 2 of 6 2. Detailed Design (35%, 70% and 90% Submittals) DAA will use the design concept developed under separate agreement to develop preliminary construction drawings. The preliminary construction drawings will include a title sheet, existing conditions sheet, site plan, and preliminary structure layouts. The City will review, provide comments, and give approval to proceed with the 70% design submittal. DAA will incorporate comments from the preliminary design phase (35%) in order to prepare a single set of construction drawings that will include a title sheet; general notes and construction sequence; existing conditions; site/grading plan, structural plans and details. Sheets may be added, subtracted or combined based on the final design and discussions with City staff. DAA will incorporate comments from the preliminary plan submittal to prepare 70% design construction plans. These plans will include a title sheet; general notes and construction sequence; existing conditions; site/grading plan, structural plans and details. Sheets may be added, subtracted or combined based on the final design and discussions with City staff. The 70% submittal will include one (1) progress meeting with City. DAA will then incorporate comments from the 70% plan submittal to prepare 90% design construction drawings. The 90% drawings will build on the 70% plans by finalizing the general notes, erosion control plan, and easement locations. The 90% submittal will include one (1) progress meeting with City. Deliverables & Meetings: - 35% Construction Drawings - 70% Construction Drawings - 90% Construction Drawings - Progress Meetings (3) 3. Construction Contract Documents (100% Submittal) 1 Project Manual and Final Construction Drawings DAA will prepare a project manual and final construction drawings to be advertised by the City for bids. DAA will finalize the 100% construction drawing set by incorporating comments from previous reviews and will prepare a final opinion of probable construction cost. DAA will incorporate the project special provisions, bid tabulation, and the front-end and standard technical specifications, and will prepare the final bid package project manual. The City will be responsible for cost of advertising and bidding the project. Deliverables & Meetings: - 700% Project Manual (Front End and Technical Specifications) - 700% Construction Drawings - 100% Opinion of Probable Construction Cost P:\2019\1900\0200\19090225\19080225-020602\PROPOSAL-CONTRACT\W WTP Headwork, - Septic Offloading\PRO 20 0831 Adams -Septic Offloading Station - CTC Jr Revised.docx Heather Adams - WWTP Septic Offloading Station August 31, 2020 Page 3 of 6 4. Permits DAA will coordinate with the City to prepare an Authorization to Construct (ATC) application to be submitted to NCDEQ for review and approval. Per recent contact with NCDEQ, it has been confirmed this permit process will need to be undertaken prior to construction of the septic offloading station. It is assumed the permit application will only address the impact to the headworks unit (bar screen and grit removal) and additional analysis of the remaining processes/units within the existing NPDES permit will not be necessary. It is also assumed the City will provide a copy of the previously approved ATC package and associated supporting calculations concerning the current configuration of the headworks for DAA's use in preparing the ATC application for this project. Due to the expected disturbed area being less than 1 acre, a formal Erosion and Sediment Control Plan and Stormwater Management permit application will NOT be filed with NCDEQ. Deliverable & Meetings: • ATC Application package and supporting information/calculations 5. Bid Administration Services DAA will assist the City in advertising the project for bid, respond to contractors' questions, provide input for addenda (if required), provide technical support through the contracting process, assist in conducting a pre -bid meeting, assist in conducting a bid opening, evaluate the bids received, and make a recommendation of award to the City. If appropriate, DAA will assist in negotiations with the low bidder. Upon Award of the Bid by the City, DAA will prepare and assist in proper execution of the contract documents. We will assist the City in obtaining and reviewing construction contract documentation and other preliminary actions through issuance of formal Notice -to - Proceed, 6. Construction Administration Services During construction, DAA will assist the City in administration of the construction agreement between the City and Contractor. Services provided will include: a. Participate in a pre -construction meeting and other periodic project meetings (typically weekly while site work is ongoing) to review construction progress b. Issue record of meetings c, Perform site visits to inspect the work d. Report observations and recommendations regarding suitability of the work and schedule progress e. Review shop drawings for site -related materials f. Maintain a shop drawing log P.\2019\1908\0200\19080225\19080225-020602\PROPOSAL-CONTRACT\WW P Headworks -Septic Offloading\PRO 200331 Adams -Septic Offloading Station - CTC Jr Revised docx Heather Adams - WWTP Septic Offloading Station August 31, 2020 Page 4 of 6 g. Provide interpretations in writing or in the form of supplemental drawings as necessary for performance of the work h. Review contractor payment applications and make recommendations for payment i. Prepare change orders and construction change directives j. Conduct inspections and compile punch lists as part of final project close-out k. Request and assemble final written guarantees, affidavits, and other contract closeout documents from the Contractor prior to approval of final payment to the Contractor I. Prepare as -built (record) drawings based on Contractor mark-ups m. Serve as agent of the City as described in the contract documents This proposal is based on an estimated 2-month period of construction followed by a reasonable close-out period. Due to the nature of the services under this task, it will be billed on a time and material (T&M) basis. COMPENSATION Compensation for engineering services and reimbursable expenses shall be based on the following fixed fees except as noted below. These fixed fees will be invoiced monthly based on our estimation of the percentage complete on each task. Hourly services will only be provided upon direct request and will be invoiced on a time and materials basis based upon incurred costs. TASK FEE 1 Project Coordination and Task Management $ 4,000 2 Design Development $ 8,700 3 Construction Contract Documents $ 4,200 4 Permits $ 2,300 5 Bid Administration Services $ 4,200 6 Construction Administration Services $ 16,000 TOTAL $ 39,400 * Task 6 to be billed as T&M ASSUMPTIONS / LIMITATIONS This proposal is based on the following assumptions: • Design will be based on as -built information provided by the City. An as -built or existing condition survey will not be completed. • Project manual will be based on current City standard specifications and front end documents. • Lump Sum fees above include reimbursable expenses such as copying, printing, mileage, and mailing. P.\2019\1908\02M\19080225\19080225-020602\PROPOSAL CONTRACT\VIWTP Headworks - Septic Offloading\PRO 20 0831 Adams - Septic Offloading Station - UC J, Re0,s d.docx Heather Adams - WWTP Septic Offloading Station August 31, 2020 Page 5 of 6 • Staging or phasing of this work into separate construction documents or bid packages maybe an Additional Service depending on the level of effort required. However, it is not expected to split the project covered by this agreement into multiple bid packages. • The design of any gas, telephone and fiber optic lines, cable services, and any other utilities not addressed above are outside the scope of this work. We will show these services on our plan sheets for coordination as appropriate. • Construction staking and preparation of final "as -built" surveys following construction is not included. These services can be provided as an Additional Service. • Permit and application fees are not included. • Additional services, if requested by the Owner in writing, will be provided on an hourly basis in accordance with the attached Schedules or a negotiated Lump Sum fee. TERMS AND CONDITIONS: The proposed services will be provided in accordance with the conditions presented herein and an existing agreement between Draper Aden Associates and City of Dunn dated November 12, 2019. On behalf of Draper Aden Associates, thank you for giving us the opportunity to provide our proposal for professional engineering services for a continuation of service to the City of Dunn. If this proposal meets with your approval, please sign the Authorization to Proceed below and return a copy of the entire proposal to us. Please do not hesitate to contact us if you have any questions or require any additional information. Sincerely, DRAPER ADEN ASSOCIATES C. Tyrus Clayton, Jr., P.E. Principal/Regional Growth Leader A. Adrianna Dimperio, PE Utilities Division Manager Attachments: Work Authorization cc: Brian Houston, DAA file P:\2019\1908\0200\190B0225\19080225-020W2\PROPOSAL-CONTRACT\�TP Headworks Septic OffloadingTRO 200831 Adams -Septic Otlloading Station- CTC Jr Revised.docx Heather Adams - WWTP Septic Offloading Station August 31, 2020 Page 6 of 6 Civil Engineering Services City of Dunn Waster Treatment Plant Septic Offloading Station Draper Aden Associates Project No. 19080225-020602P AUTHORIZATION TO PROCEED I/We agree and accept Draper Aden Associates' proposal to provide the above described services. We understand the Scope of Services as provided herein and agree to the fees estimated for these services. We further acknowledge that Draper Aden Associates will provide a proposal for any change in the Scope of Services described herein and that a Task Order to provide those additional services will be executed prior to any work being performed. The proposed services will be provided in accordance with the conditions presented herein and an existing agreement between Draper Aden Associates and City of Dunn dated November 12, 2019. r 0 Title Date P:\2019\1908\0200\19088225\19080225-020602\PROPOSAL-CONTRACI\W WTP Hea&.rk - Septic Offi.ding\PRO 200831 Adams - Septic Offloading Station - CTC J, Revired.docx city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.dunn-nc.org R2020-15 (Attach #8) 09-08-2020 RESOLUTION BY GOVERNING BODY OF APPLICANT Mayor William P. Elmore Jr. Mayor Pro Tent Chuck Tumage Council Members J. Wesley Sills April L. Cmulden Frank McLean Billy Tarr Dr. David L. Bradham City Manager Steven Neuschafer WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have 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 system, stream restoration, stormwater treatment, drinking water treatment works, and/or drinking water distribution system or other "green" project), and WHEREAS, The City of Dunn has need for and intends to develop a feasibility study to evaluate the potential of a regional water treatment solution; and WHEREAS, The City of Dunn intends to request state grant assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE CITY OF DUNN: That the City of Dunn, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State grant award. That the Applicant will provide for efficient completion of the project per program guidelines. That Steven Neuschafer, City Manager, the Authorized Official, and successors so titled, are hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a grant to aid in the construction of the project described above. That the Authorized Official, and successors so titled, are hereby authorized and directed to furnish such information as the 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 Applicant 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 81h day of September, 2020 at Dunn, North Carolina. Signature of Chief Ex cu ive Officer F1 ve_ r.7'r. William P. Elmore, Jr CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting City Cleric of the City of Dunn does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the Board of Commissioners duly held on the 81h day of September, 2020; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this E day • ir= r ar 1 1 ( R� I Cam' Sign e P;rnrnSt W i 1 i ✓� S City Clerk `,„U 11 Nrf°° 1.�`Op0 11 Z' • PPORq •. 2.e SEAS °'rrrraanNN� where cammuni)r matters city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 e FAX (910) 230-3590 www.dunn-nc.org R2020-16 (Attach #9) 09-08-2020 RESOLUTION BY GOVERNING BODY OF APPLICANT Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer WHEREAS, `the Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the malting of loans and grants to aid eligible units of government in financing the cost of construction of drinking water distribution system and WHEREAS, The City of Dunn has need for and intends to construct a water distribution system project described as an elevated water storage tank located along Highway 301 to better serve the southwestern region of Dunn along with future industries and WHEREAS, The City of Dunn intends to request state (loan or grant) assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUNN: That City of Dunn, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State (loan or grant) award. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the City of Dunn to make scheduled repayment of the loan, to withhold from the City of Dunn any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. That City Manager Mr. Steven Neuschafer, the Authorized Official, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a (loan or grant) to aid in the construction of the project described above. That the Authorized Official, and successors so titled, is hereby authorized and directed to furnish such information as the 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. DUNN bAd All -Amulet City where camm ! maffers 1989 * 2013 That the Applicant 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 8th day of September at City Hall, located at 401 E Broad Street Dunn, North Carolina. William P. Elmore, Jr., M o CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting City Cleric of the City of Dunn does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the City Council of Dunn duly held on the 8th day of September, 2020; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of September, 2020. `111111lIrlllr ` N.�G��� OF D r. P GORPOR.4 r�?� SEN\- 8�p' .......•''.� . 6rre rreerlsrrallttl Attachment #10 CITY OF DUNN 09-08-2020 Department: Public Utilities REQUEST FOR BUDGET REVISION Budget Amendment #: a(Dc�z l --(Z`G FISCAL YEAR ENDING 6/30/2021 Date: 9/8/2020 FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment Enterprise Fund 30-810-7402 Capital Improvement Projects $ 215,000 $ 250,000 $ 465,000 GYCINUI I URC 1 V IML. W FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment Enterprise Fund 30-390-2000 Installment Financing $ - $ (250,000) $ (250,000) I certify this KtVtNUt I IAL: was This Budget Amendment is to provide for funding to cover expenses related to the Water System improvements for Lakeshore Drive in 2020 which have been approved. NO SOURCE: Bank loans to cover the cost of the project. $ �250,vvv2 Date: CITY OF DUNN REQUEST FOR BUDGET REVISION FISCAL YEAR ENDING 6/3012021 Attachment 011 Department: Administration Budget Amendment#:�� Date: 9/8/2020 FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General Fund 10-420-7400 Capital Outlay $ - $ 62,400.00 $ 62,400.00 Water Sewer Fund 30-810-7403 Capital Outlay $ 33,600.00 $ 33,600.00 EXPENDITURE TOTAL: $ - $ ee,Uuo.UU 5 ao,uuu.uu FUND LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease Appropriation After Amendment General Fund 10-368-2001 Fund Balance $ (68,502) $ (62,400.00) $ (130,902.00) Water Sewer Fund 30-390-4000 Fund Balance $ (192,750.00) $ (33,600.00) $ (226,350.00) KCVENUI, IUTAL: r' { y wv,uuu.uu/ J' CERTIFICATION: I certify this requested budget amendment was approved by City ApKincil on: JUSTIFICATION: Donald and Even ee parcels of property from located at 501 E Broad Street. SOURCE: Use fund balance from Current Fund and Water/Sewer Fund to cover the cost of the approved land purchases.